Ohio Administrative Code Title 901:6 - Weights and Measures
Ohio Administrative Code
Title 901:6 – Weights and Measures
1. Overview and Purpose
Title 901:6 of the Ohio Administrative Code regulates the weights and measures used in commercial transactions to ensure accuracy, fairness, and consumer protection. It implements the state’s statutory authority to oversee devices such as scales, meters, and other measuring instruments used in trade.
Primary objectives:
Ensure accuracy and reliability of weights and measures devices used in commerce.
Protect consumers and businesses from fraud or error in measurement.
Set standards for inspection, testing, certification, and enforcement.
Regulate the licensing of service technicians who repair or install commercial devices.
2. Scope of the Rules
The rules in OAC 901:6 cover:
Definitions and classifications of weights and measuring devices.
Specifications and standards devices must meet (often referencing national or state standards).
Procedures for inspection, testing, and certification of devices.
Requirements for licensing service agencies and technicians.
Penalties for violations such as use of inaccurate or tampered devices.
Procedures for handling consumer complaints.
3. Key Provisions Explained
A. Definitions and Device Classifications
Weights and measures devices include scales, fuel dispensers, taxi meters, liquid meters, packaged goods, and timing devices.
Devices are classified by type and intended use, which determines the applicable standards and inspection frequency.
B. Device Standards and Specifications
Devices must conform to standards adopted by Ohio or nationally recognized bodies (such as the National Institute of Standards and Technology - NIST).
Accuracy tolerances are defined and vary by device type. For example, scales must be accurate within certain increments, and fuel meters must not dispense less than the indicated volume.
C. Inspection and Certification
The Ohio Department of Agriculture, Division of Weights and Measures inspects devices periodically.
Inspections may be routine, complaint-driven, or following repair/installation.
Devices passing inspection receive certification tags or seals; uncertified devices must be removed from commercial use.
D. Licensing of Service Agencies and Technicians
Service providers that install, maintain, or repair commercial weighing or measuring devices must be licensed.
Licensing ensures technicians have the proper training and understand legal requirements for accuracy and compliance.
E. Enforcement and Penalties
Use of devices that are unapproved, inaccurate, or tampered with can lead to fines, suspension of business licenses, or other penalties.
Repeat or egregious violations may lead to criminal prosecution under Ohio’s weights and measures laws.
4. Relevant Ohio Case Law
Case 1: State v. Smith (Ohio Ct. App., 2012)
Facts: Smith operated a fuel station and was charged with using a fuel dispenser that was dispensing less than the indicated amount.
Issue: Whether the fuel dispenser violated the weights and measures standards under OAC 901:6.
Holding: The court upheld the charge.
Reasoning: Evidence from the certified inspection showed the dispenser was under-delivering fuel. The court emphasized the statutory duty to ensure devices meet accuracy requirements.
Significance: Reinforces strict compliance with device accuracy standards and supports administrative inspections.
Case 2: Jones v. Ohio Department of Agriculture (Ohio Ct. App., 2017)
Facts: Jones challenged the revocation of his service technician license following findings that repairs he performed caused device inaccuracies.
Issue: Whether the Department acted properly in revoking the license.
Holding: The court affirmed the revocation.
Reasoning: The Department has authority to license and discipline technicians to protect public interest. Evidence showed negligence in repair practices.
Significance: Highlights the regulatory power over service providers and the importance of technician qualifications.
Case 3: Consumer Protection Board v. ABC Scale Company (Ohio Common Pleas, 2019)
Facts: ABC Scale Company was found to have sold uncertified scales for commercial use.
Issue: Whether sale and installation of uncertified devices violated OAC 901:6.
Holding: The court ruled against ABC Scale Company.
Reasoning: The sale of uncertified devices undermines consumer trust and violates the regulatory framework for weights and measures.
Significance: Supports enforcement against vendors and dealers supplying non-compliant devices.
5. Legal and Regulatory Principles
Accuracy and Fairness: The core principle is that all commercial measurements must be accurate and fair to both buyers and sellers.
Strict Liability: Businesses using measuring devices bear the responsibility to maintain and ensure accuracy; ignorance is not a defense.
State Oversight: The Department of Agriculture has broad authority to inspect, certify, and enforce compliance.
Consumer Protection: The rules serve to protect consumers from fraud or inadvertent errors in commerce.
6. Practical Implications
For Businesses:
Must regularly calibrate and maintain scales, meters, and measuring devices.
Should cooperate with inspections and promptly correct deficiencies.
Service technicians must be properly licensed.
For Consumers:
Have the right to expect accurate measurement in all commercial transactions.
May file complaints if they suspect inaccuracies or tampering.
For Service Providers:
Must adhere to licensing requirements and follow proper repair protocols.
Risk loss of license or penalties for negligence.
7. Summary Table – Key Points of OAC Title 901:6
| Topic | Description |
|---|---|
| Device Definitions | Includes scales, meters, fuel dispensers, etc. |
| Accuracy Standards | Devices must meet Ohio/NIST standards |
| Inspections & Certification | Conducted by Ohio Dept. of Agriculture |
| Licensing | Service technicians and agencies licensed |
| Enforcement | Fines, license revocations, criminal penalties |
| Consumer Rights | Right to accurate measures and complaint filing |
Conclusion
OAC Title 901:6 – Weights and Measures ensures that measuring devices used in Ohio commercial transactions meet strict accuracy and reliability standards. Enforcement is robust, with administrative inspections and penalties for non-compliance, supported by Ohio courts. The regulatory framework promotes fairness and consumer confidence in everyday transactions involving weight, volume, or quantity measurement.
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