Measurement Standards

Consumers can submit a complaint regarding Weights and Measures online. 
 

Package & label inspection information

Packaged commodities are routinely inspected in retail and wholesale establishments throughout Colorado to ensure they are labeled properly and that the package accurately contains the quantity as stated on the label. 

In addition to verifying package labeling requirements, ICS multiple inspectors use procedures set forth in the National Institute of Standards and Technology's (NIST's) Handbook 133 to determine whether the packages are the correct weight. 

What to expect during an inspection:

• The Inspector may need an area to adequately conduct the package tests away from the customers or working areas. 
• The Inspector may need to open two (2) packages of product to determine the package tare of each product being tested.
• Inspectors select a total number of packages from a randomly selected sample.
• Packages are weighed on a scale that was tested for accuracy prior to the package test to verify net weight is the same as stated on the label.
• Liquid products are similarly inspected to ensure the packages contain the correct volume, as stated on the label.
• Short-weight products may be taken off sale and further violations may be issued.

Authority

This is done under the authority of the Measurement Standards Act, 35-14, CRS, Section 107 (1) (c), Section 107 (1) (h), Section 107 (1) (k), Section 107 (1) (l), Section 107 (1) (n) and Section 107 (1) (o)

Price verification inspection information

Price verification tests (scan tests) are done in stores throughout the state by ICS inspectors. Inspectors verify price accuracy at the checkout stand by verifying the price charged compared to the price posted on signs, shelf tags, and/or advertisements. 

What to expect during an inspection:

• The inspector will compare the price offered to the customer vs. the price charged.
• For more than 2% of the total number of items scanned resulting in the customer being overcharged in the failed inspection, the store may face additional regulatory action.
• All overcharges found must be corrected prior to the completion of the inspection.  Failure to do so will result in a Stop Order for the overcharged items.

Authority

The Measurement Standards Program is responsible for conducting price verification inspections in Colorado.

This is done under the authority of the Measurement Standards Act, 35-14, Section 111.

The Examination Procedure for Price Verification used by Colorado Weights and Measures is outlined in the most current version of Handbook 130 published by the National Institute of Standards and Technology (NIST).

Unit Pricing Requirements

Provision is made for uniform unit pricing (price per ounce, for example) and unit pricing on random-weight packages. Please refer to the Measurement Standards Act 35-14, Sections 117 and 120.

Labeling requirement information

General Labeling Requirements

Packages must be labeled with:

1. A statement of identity - a definite, plain description that positively identifies what the commodity is. See section 2.1 (a) and Sections 3.1-3.3 of the Packaging and Labeling regulations.
2. The net quantity of the contents in terms of weight, measure, or count. To see what method of sale to use, refer to Commodities - Method of Sale.
3. The name and place of business of the manufacturer, packer, or distributor. If the street address of the business is shown in a current directory, the city, state, and ZIP code are sufficient. See Section 35-14-118 of the, Section 2.1 (c) and Section 3.4 of the Packaging and Labeling Regulations, MSA

Specific requirements for the labeling of packaged commodities are in Sections 35-14-118 to 120 of the MSA and in the Packaging and Labeling Regulations.

Additional Labeling Requirements

• Inch pound and metric systems.
  • Either one or both of these systems must be used for all commercial purposes in Colorado See Section 35-14-103 of the MSA.
• English required.
  • Unless an interpreter is available at the place of sale, English must be used for all required labeling. See Section 9.1 of the Packaging and Labeling Regulations.
• Location and prominence.
  • Required label information must be definite, plain, and conspicuous. The net quantity statement generally must be located in the bottom 30% of the principal display panel. See sections 9.1 and 9.2 of the Packaging and Labeling Regulations.
• No qualifying terms allowed in quantity statement.
  • "One pound minimum," "eight ounces before baking" and "one jumbo gallon" are not allowed. See Section 7 of the Packaging and Labeling Regulations.
• "Net Weight" or "Net Wt."
  • Net weight declarations must include "Net Weight" or "Net Wt" before or after the declaration of net weight. See Section 5.5 of the Packaging and Labeling Regulations.
• Combination declarations.
  • Example: both weight and count may be required on the labeling of some commodities if both are necessary to be fully informative. See Section 5.7 (a) of the Packaging and Labeling Regulations.

Q:   How is the Colorado consumer protected by the Measurement Standards Program?

A:   The Colorado Department of Agriculture is charged with enforcing the Colorado Measurement Standards Act. Measurement Standards inspectors certify commercially used scales and devices, test packages to ensure consumers receive at least the quantity stated on the label and check prices in stores throughout Colorado to ensure that consumers are not overcharged.

Q:   How does Measurement Standards ensure fairness in the marketplace?

A:   Measurement Standards oversight promotes a fair market environment by promoting voluntary compliance through education of businesses whenever possible. Our mission is also accomplished in part by penalizing companies that use unfair business practices that are in violation of the Colorado Measurement Standards Act. Some of these unfair practices are: 1) False, misleading, or inadequate product labeling, 2) Offering short measure products for sale, 3) Misrepresenting the price of a product, and 4) Using a scale (or other measuring device) that is inaccurate or not of the correct type.

Q:   Who enforces the Colorado Measurement Standards Act?

A:   Sixteen inspectors regularly certify scales, check packages, and do scan tests throughout the state. The Program Managers are based in our Denver offices. The state Metrology Laboratory is also located at our Denver office. The Metrology Laboratory certifies weights used to inspect and certify commercially used scales, as well as devices used by law enforcement agencies throughout Colorado.

Q:   What if I am overcharged?

A:   Misrepresentation of a price is a violation of the Colorado Measurement Standards Act. Price verification tests (scan tests) are done in stores throughout the state on a routine basis. If more than 2% of prices checked are overcharges, a fine may be issued and the test is repeated soon after the failure. All overcharges found must be corrected. In addition, our office investigates consumer complaints.

Q:   What happens if there is not as much of a product in the package as the label says?

A:   If a product is short weight (or short volume, count, or measure), it is a violation of the Colorado Measurement Standards Act. Package testing is routinely done by weights & measures inspectors in stores throughout Colorado. Short-weight products are issued stop sale orders and violations may be written by our inspectors. These are issued on the spot if the packer is on site. If the company is located somewhere other than where the packages are sold, the fine is mailed.

Q:   Who checks the weights used by weights & measures?

A:   All weights & measures are certified yearly by the State Metrology laboratory, located at our Denver office. This lab is charged as the official keeper of the state's standards. Periodically, the state standards are sent to the National Institute of Standards and Technology (NIST) to be checked.

Q:   Do products have to be labeled?

A:   All prepackaged products sold in Colorado must have certain things on the label. The product must be positively identified. The amount of product you are getting must be declared. A responsible party must be listed on the label.

Q:   Do you check gas stations?

A:   No. They are inspected by the Oil and Public Safety Division of the Colorado Department of Labor and Employment. They can be reached at (303) 318-8500.

Aaron Yanker
Program Administrator
aaron.yanker@state.co.us
Phone number: (719) 250-1851
Fax number: (303) 466-2860

Kelly Knuesel
Administrative Assistant
kelly.knuesel@state.co.us
Phone number: (303) 869-9101
Fax number: (303) 466-2860