The Weights and Measures Program is part of the Michigan Department of Agriculture and Rural Development (MDARD) with the primary function to promote equity in the marketplace and ensure commercial transactions conducted in Michigan are both fair and accurate. The program has jurisdiction over all products sold by weight, measure, or count. This includes ensuring commercial devices are accurate and correct, the legal method of sale is approved, advertising/labeling is not deceptive, and all packaged products meet the labeled net content of weight or volume.
Michigan is home to one of the nation’s strongest agriculture industries, which includes businesses in the nursery and landscaping sectors. Weights and Measures staff inspect nursery and landscaping facilities on a random basis or while investigating a business/consumer complaint. Compliance is typically very good.
The Michigan Weights and Measures Law, P.A. 283 of 1964, is where you may find guidance regarding legal requirements or you can review other references adopted into law including the National Institute of Standards and Technology (NIST) Handbook 44 Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices. Also adopted by reference is NIST Handbook 130, Uniform Laws and Regulations. Handbook 44 is key for service companies installing and repairing commercial devices, while Handbook 130 provides guidance related to legal methods of sale for products such as mulch.
In the Spring of 2022, Michigan’s Weights and Measures staff conducted a routine market survey to assess the current compliance within the nursery and landscaping industries. Though compliance again was high there were several areas identified for improvement:
1) Michigan Law requires that all commercial weighing and measuring devices have a current certificate of conformance issued by the National Conference on Weights and Measures NTEP Program (National Type Evaluation Program). Some devices lacked the required certificate rendering them not legal for trade. For example, there was use of loader scales for selling products by weight. Loader scales are typically used to ensure that transport vehicles are not loaded above capacity but are not allowed for commercial use.
2) The use of scales or meters for commercial purposes not properly placed into service. A commercial device must be tested for accuracy by either a State Weights and Measures Inspector or a Michigan Registered Service Agency/Technician. These are companies regulated by the Weights and Measures Program and approved to install/repair and place into service commercial devices.
3) Advertising of propane was not always clearly posted as to the sale by weight, volume, or a flat rate.
4) Products sold in package form were not always clearly marked with a net weight or volume and name/address of responsible party.
Information regarding weights and measures can be found at: www.michigan.gov/mdard/lab
Questions or requests for assistance may be directed to our office at 517-655-8202 or you can email Robert DeRubeis, Weights and Measures Program Manager, at derubeisr@michigan.gov.
The Weights and Measures Program is located within the E.C. Heffron Metrology Laboratory, 840 Venture Lane, Williamston, Michigan 48895.