Information for Business Owners
The following explains some of the important responsibilities you have as the owner of a weighing or measuring device that is used in commercial trade.
Are You Affected?
Your device is commercial if it is used to measure the quantity of commodities sold or purchased from another person or company, or if it is used in the determination of the charge for a service. Oneida County Weights & Measures officials annually inspect and test commercial devices to ensure that they are correct, accurate, and are being used correctly.
As a device owner, you are responsible for ensuring that the device is properly installed, is accurate, and is used correctly. You should know:
- How to notify Oneida County Weights & Measures that you intend to use a new or repaired device.
- Definitions of the different types of Weights & Measures seals.
- Circumstances under which a device owner may remove a seal.
You must notify the Director of Weights & Measures before you put a new or repaired commercial device into service. You may notify the Director by mail, or you may use other forms of notification acceptable to the Director. These include:
- A phone call
- A fax
- An e-mail
After notification, you may legally use your device for commercial transactions. If you fail to meet these responsibilities, you may be subject to civil penalties.
Sealing and Breaking Seals
There are two types of seals that may be affixed to a device, an "official seal" and a "security seal".
An "official seal" is a label affixed on the face of the device by the Weights & Measures official indicating that the device has been inspected and found correct.
A "security seal" is a wire or paper seal affixed in such a manner that it must be destroyed in order for adjustments to be made. Another type of seal is an "electronic audit trail" which is used in newer devices to indicate that adjustments were made.
You must see that an appropriate security seal is properly affixed prior to operating your device. After the Weights & Measures official tests a device and finds it correct, they will affix their seal in place of yours.
You, or your agent (typically a service technician), may remove an "official" or "security" seal from a device to perform maintenance or make repairs provided you meet the following conditions:
- You notify the Director before the seal is broken.
- You ensure that the device is accurate and operating correctly.
- You replace any security seal you remove with an equivalent security seal.
When you use a service company you may rely on them to meet these conditions. However, it is important to note that you have the ultimate responsibility for compliance with the law.
Device Owners Checklist
- Make sure the device is appropriate for your application.
- Make sure that the device is approved for use in New York State. The supplier should know if the device is approved, or you may contact the Director.
- Install or have the device installed in accordance with the manufacturer's instructions.
- Notify the Weights & Measures Director that you will be using the device commercially.
- Provide training to operators to ensure that they use the device correctly.
- Continue to ensure that the device is accurate and operating correctly at all times.