ARCHIVED—Cryogenic Products and De-icing and Anti-icing Fluids Trade Sub-Sector Review — Discussion Paper

January 2011

A message from the president

In order to best accomplish our mission of ensuring equitable and accurate measurement of goods and services, Measurement Canada is conducting trade sector reviews. Through these reviews, Measurement Canada hopes to identify trade sectors where direct intervention is necessary to ensure the accurate measurement of goods and services and other sectors where less intervention is possible with reasonable risk to the parties involved in the measurement transaction. This will allow us to focus our resources on those areas which provide the greatest return for Canadians.

Client, business and consumer views, opinions and perspectives will be used to determine the level of intervention in any particular trade sector. Levels of intervention may range from direct inspection through organizations recognized by Measurement Canada, to industry self regulation. Measurement Canada will maintain oversight of measurement accuracy and equity through regular monitoring of the sectors to ensure the intervention levels are appropriate and operating effectively.

The cryogenic, de-icing and anti-icing review team has been created to establish, in consultation with clients, business and consumers, the appropriate level of intervention for these sub-sectors and to explore possible alternative service delivery mechanisms. Cryogenic, de-icing and anti-icing marketplace participants are invited to inform themselves of the issues in this discussion paper.

As a participant in the cryogenic and/or the de-icing and anti-icing sub-sector, you are encouraged to actively participate in these consultations. This is your opportunity to have your views heard and to influence the manner in which the accurate measurement of goods and services is achieved in your sector.

Alan E. Johnston
President, Measurement Canada

Table of Contents

• 1.0 Introduction
• 2.0 Executive summary
• 3.0 Industry Overview
  • 3.1 Sector description
  • 3.2 Measurement control/industry practices
  • 3.3 Inspections compared to calibrations or "checks"
• 4.0 Draft recommendations
  • 4.1 Approvals
  • 4.2 Initial inspections
  • 4.3 Periodic (subsequent) inspections
  • 4.4 Physical test standards
  • 4.5 Net quantity (commodity) inspections
  • 4.6 Complaints
  • 4.7 Monitoring
  • 4.8 Future sector reviews
• 5.0 Criteria for final decisions
• Appendix I – Trade sector review team contacts
• Appendix II – Current Measurement Canada services
• Appendix III – Comparison of the Accreditation and Registration Programs for device inspections
• Appendix IV – Other countries' trade measurement services
  • A) Cryogenics sub-sector
  • B) De-icing and anti-icing sub-sector
• Appendix V – Chemical products compliance reports for the period 2003 - 2008
• Appendix VI – Glossary of terms

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1.0 Introduction

In trade sectors where Measurement Canada is actively involved, its mission is currently accomplished through several key programs, described in detail in Appendix II.

Historically, these programs have been implemented exclusively by Measurement Canada in an attempt to establish and maintain fairness and measurement accuracy. However, with device numbers increasing and measurement technology constantly evolving, Measurement Canada is increasingly challenged to fulfill its stated mission.

Consequently, Measurement Canada has established a strategic direction that is designed to optimize the use of its resources in fulfilling its mission and to be responsive to the needs of the stakeholders in all trade sectors.

As part of its strategic direction, Measurement Canada will continue to:

• establish rules and requirements for trade measurement,
• investigate measurement complaints,
• monitor the marketplace, and
• where necessary, take action to ensure appropriate levels of compliance.

Measurement Canada will utilize alternative service delivery mechanisms, whenever possible, for the following services, if they are determined to be necessary to the sector:

• calibration of measurement standards
• device approvals
• initial inspection and certification of devices
• subsequent inspection or periodic certification of devices

The primary purpose of the cryogenic, de-icing and anti-icing Trade Sub-Sector Review, is to determine, based on stakeholders' informed views, the needed level of involvement by Measurement Canada to ensure fairness and accuracy in trade measurement. This will be an opportunity for stakeholders, especially vulnerable parties, to express their views and to provide input into the final recommendations.

The chemical trade sector review previously conducted in 2008-2009 excluded these two sub-sectors, due to low stakeholder participation. With this report this situation has been corrected.

This report explains the review project, summarizes the initial comments obtained to date from clients on this project and proposes a level of involvement for Measurement Canada in the cryogenic, de-icing and anti-icing sub-sectors. It will serve as a platform for further discussion during the multi-stakeholder consensus meetings which, if requested, are expected to take place during the winter of 2010-2011.

2.0 Executive summary

Over the past several months, the trade sector review team has contacted various stakeholders and associations in the cryogenic, de-icing and anti-icing sub-sectors of the chemical sector, to inform them about Measurement Canada and its measurement programs. The team also introduced stakeholders to the trade sector review process and obtained their views on the state of the industry and its measurement needs.

Stakeholders at the industrial and the commercial/institutional level have indicated that Measurement Canada should become active in the cryogenic, de-icing and anti-icing industries with programs to maintain measurement accuracy and fairness.

The majority of stakeholders have requested mandatory approval of devices, initial inspections and requested annual mandatory periodic inspections. All inspections are to be performed using certified and traceable physical test standards. Stakeholders support the use of alternative service delivery, such as the accreditation and registration programs, as long as there is no excessive cost to the industry and that Measurement Canada retains overall responsibility for these programs.

Stakeholders want Measurement Canada to investigate complaints when requested. They have also indicated that they want Measurement Canada to monitor these sub-sectors to ensure equity in trade and to perform future sector reviews to ensure confidence in the marketplace.

Measurement Canada has had limited involvement in the cryogenic, de-icing and anti-icing sub-sectors in the past and the Agency currently does not have the expertise and equipment in place to implement some of the recommendations proposed in this document. Once the final recommendations are established, Measurement Canada will determine if it can become involved in these sub-sectors in the manner recommended by stakeholders.

If requested, the draft recommendations in this document will be discussed further and finalized during the multi-stakeholder consensus meetings during the winter of 2010-2011. Stakeholders are encouraged to continue to send any measurement related comments or concerns to the review team before the end of February 2011 so that they may be considered for inclusion in the final recommendations.

Stakeholder wanting to attend a regional multi-stakeholder meeting to discuss the draft recommendations are requested to contact their regional Measurement Canada Trade Sector Review representative listed in Appendix I by February 15, 2011.

For those using electronic copies of this document links have been provided below to allow for easy access to specific sections of this document containing the detailed draft recommendations.

Approvals

1. Measurement Canada should require type approval for all measuring devices used for trade in this these sub-sectors, with no exceptions.
2. Measurement Canada should harmonize approval requirements with international standards such as the International Organization of Legal Metrology (OIML) recommendations (see Appendix IV for a description of OIML).
3. Approval testing should be conducted by organizations that meet a formal Measurement Canada alternative service delivery program, with the final approvals issued by Measurement Canada.
4. Measurement Canada should implement a formal recognition program for other countries' type approval processes of trade devices in these sub-sectors, with final device approval issued by Measurement Canada.
5. Measurement Canada should expand mutual acceptance agreements with other countries for approval testing.

Initial inspections

1. Measurement Canada should require mandatory initial inspections for all measuring devices used for trade in these sub-sectors, with no exceptions.
2. Organizations other than Measurement Canada should be allowed to perform initial inspections, provided they are authorized under the Measurement Canada accreditation or registration program requirements.
3. A certificate is to be provided to device owners and a certification sticker affixed to devices, upon passing initial inspection, showing the date of inspection.
4. Device tolerances should be as per the Weights and Measures Regulations in the short term, but tolerances should be aligned, where possible, to International Organization for Legal Metrology requirements, within the next ten years.

Periodic (subsequent) inspections

1. Measurement Canada should require annual mandatory periodic inspections for all trade devices used in these sub-sectors, with no exceptions.
2. Periodic inspections should be performed by authorized service providers that meet the established requirements of either the Measurement Canada accreditation or registration program.
3. A voluntary program for periodic inspections should be implemented in the sector until legislative changes can be made.
4. Should periodic inspections become mandatory, an inspection expiry date is to be shown on the certificate and certification sticker.
5. Device tolerances should be as per the Weights and Measures Regulations in the short term, but tolerances should be aligned, where possible, to International Organization for Legal Metrology requirements, within the next ten years.

Physical test standards

1. All physical test standards used by Measurement Canada inspectors and authorized service providers for inspections, should be certified according to the schedule in the Weights and Measures Regulations.
2. Physical test standards should be certified either by Measurement Canada or by a recognized laboratory that meets Measurement Canada's alternative service delivery requirements.

Net quantity (commodity) inspections

1. Measurement Canada should perform net quantity (commodity) inspections in these sub-sectors, on a random basis, until such time as an alternative service delivery mechanism can be put in place.

Complaints

1. Measurement Canada should provide complaint investigation and inspection services for these sub-sectors, but only after the two parties have had the opportunity to resolve the issue first.
2. Measurement Canada should publicize its role as an investigator of trade measurement complaints in these sub-sectors.

Monitoring

1. Measurement Canada should monitor these sub-sectors by compiling compliance data on devices, by retaining complaint investigation results and by soliciting stakeholder feedback/input and disseminate this information in aggregate form on a yearly basis.
2. Measurement Canada should use tickets or fines along with other forms of enforcement if the investigations and the inspections indicate that the requirements of the Weights and Measures Act are not met.

Future sector reviews

1. Future trade sector reviews should be conducted if there is a significant reduction in compliance rates, there are major changes in the industry that can have an impact on measurement accuracy or stakeholders indicate that there is a lack of confidence in measurement accuracy.

3.0 Industry Overview

The cryogenics and the de-icing and anti-icing trade sectors are small but growing sub-sectors within the almost $20.0 billion Canadian chemical industry employing approximately 16,000 people in 524 establishments located primarily in Ontario, Quebec and Alberta. See the following link for more on the chemical trade sector review.

Cryogenics

In physics, cryogenics is the study of the production of very low temperature (below -150°C, -238°F or 123 K) and the behaviour of materials at those temperatures. A person who studies elements under extremely cold temperature is called a cryogenicist. Rather than the familiar temperature scales of Celsius and Fahrenheit, cryogenicists use the Kelvin scale (formerly also Rankine scale).

Liquefied gases, such as liquid nitrogen and liquid helium, are used in many cryogenic applications.

The field of cryogenics advanced during World War II when scientists found that metals frozen to low temperatures showed more resistance to wear. Based on this theory of cryogenic hardening, the commercial cryogenic processing industry was founded in 1966 by Ed Busch. This evolved in the late 1990s into the treatment of other parts, that did more than just increase the life of a product, such as amplifier valves (improved sound quality), baseball bats (greater sweet spot), golf clubs (greater sweet spot), racing engines (greater performance under stress), firearms (less warping after continuous shooting), knives, razor blades, brake rotors and even pantyhose. The theory was based on how heat-treating metal works (the temperatures are lowered to room temperature from a high degree causing certain strength increases in the molecular structure to occur) and supposed that continuing the descent would allow for further strength increases.

Cryogens, like liquid nitrogen, are further used for specialty chilling and freezing applications. Some chemical reactions, like those used to produce the active ingredients for the popular statin drugs, must occur at low temperatures of approximately -100°C. Special cryogenic chemical reactors are used to remove reaction heat and provide a low temperature environment. The freezing of foods and biotechnology products, like vaccines, requires nitrogen in blast freezing or immersion freezing systems. Certain soft or elastic materials become hard and brittle at very low temperatures, which makes cryogenic milling (cryomilling) an option for some materials that cannot easily be milled at higher temperatures.

Another use of cryogenics is cryogenic fuels. Cryogenic fuels, mainly liquid hydrogen, have been used as rocket fuels. Liquid oxygen is used as an oxidizer of hydrogen, but oxygen is not, strictly speaking, a fuel. For example, teh national aeronautics and space administration.s (NASA) workhorse space shuttle uses cryogenic hydrogen fuel as its primary means of getting into orbit, as did all of the rockets built for the Soviet space program.

An magnetic resonance imaging (MRI) is a method of imaging objects that uses a strong magnetic field to detect the relaxation of protons that have been perturbed by a radio-frequency pulse. This magnetic field is generated by electromagnets, and high field strengths can be achieved by using superconducting magnets. Traditionally, liquid helium is used to cool the coils because it has a boiling point of around 4 K at ambient pressure, and cheap metallic superconductors can be used for the coil wiring. So-called high-temperature superconducting compounds can be made to superconduct with the use of liquid nitrogen which boils at around 77 K.

It is difficult to transmit power by overhead cables in big cities. So underground cables are used, but underground cables get heated and the resistance of the wire increases leading to wastage of power. This can be solved by cryogenics. Liquefied gases are sprayed on the cables to keep them cool and reduce their resistance.

Cryogenic gases are used in the transportation of large masses of frozen food. When very large quantity of food must be transported to regions like a war field or an earthquake regions they must be stored for a long time, so cryogenic food freezing is used. Cryogenic food freezing is also helpful for large scale food processing industries.

Certain blood groups which are rare are stored at very low temperatures like -165°C for medical procedures as well as human and animal sperm are stored at very low temperatures like -165°C for artificial insemination processes.

De-icing and anti-icing

De-icing is the process of removing frozen contaminant, snow, ice, slush, from a surface and anti-icing is the process of protecting against the formation of frozen contaminants, snow, ice and slush on a surface.

De-icing can be accomplished by mechanical methods (scraping, pushing); through the application of heat; by use of dry or liquid chemicals designed to lower the freezing point of water (various salts or brines, alcohols, glycols); or by a combination of these different techniques. De-icing fluids are always applied heated and diluted. Dry chemicals may be applied dry, or may be pre-wetted with brine or other liquids that help them stick to the paved surfaces and start melting ice more quickly.

Anti-icing is accomplished by applying a protective layer, using a viscous fluid called anti-ice fluid, over a surface to absorb the contaminate. All anti-ice fluids offer only limited protection, dependent upon frozen contaminant type and precipitation rate. A fluid has failed when it no longer can absorb the contaminant and it essentially becomes a contaminant itself. If it fails it must be washed from the surface using a de-icing fluid.

Anti-icing on roadways is used to prevent ice and snow from adhering to the pavement, allowing easier removal by mechanical methods (snowplows). Brine or wetted salt is usually applied shortly before a snowstorm arrives. Properly performed, anti-icing can significantly reduce the amount of salt required to clear snow from a roadway.

When there are freezing conditions and precipitation, de-icing an aircraft is crucial. Frozen contaminants cause critical control surfaces to be rough and uneven disrupting smooth air flow and greatly degrading the ability of the wing to generate lift and increasing drag. This situation can cause a crash. If large pieces of ice separate when the aircraft is in motion, they can be ingested in engines or hit propellers and cause catastrophic failure. Frozen contaminants can jam control surfaces, preventing them from moving properly. Because of this potentially severe consequence, de-icing is performed at airports where temperatures are likely to drop below the freezing point.

Droplets of supercooled water often exist in stratiform and cumulus clouds. They form into ice when they are struck by the wings of passing airplanes and abruptly crystallize (This causes problems with lift, so aircraft that are expected to fly in such conditions are equipped with a de-icing system).

3.1 Sector description

The cryogenic sub-sector and the de-icing and anti-icing sub-sector are primarily made up two distinct levels of trade: industrial level and the commercial/institutional level. There is very little residential level of trade in these sub-sectors.

For the cryogenic sub-sector industrial stakeholders are primarily producers of cryogenic liquids and their industrial customers in areas such as the mining and chemical industry. The commercial and institutional level of trade are distributors of cryogenic liquids, small business, hospitals and government agencies.

For the de-icing and anti-icing sub-sector industrial stakeholders are primarily petrochemical plants and their customers in the airline industry. The commercial and institutional level of trade include local distributors, small airlines and government agencies.

3.2 Measurement control/industry practices

Measurement Canada has little history of intervention in these trade sub-sectors. The industry uses a small range of volume trade devices, such as turbine, flow meters to control sales and ensure purchases are correct. Devices such as flow meters are most often used in industrial applications and in commercial/institutional applications.

Measurement Canada is not actively involved in these sub-sectors and for that reason no previous inspection results nor compliance rates are available for their specific sub-sectors.

Compliance results are available for the general chemical trade sector and can be found in Appendix V of this report. From initial consultations, it appears owners often buy devices manufactured in North America and many of these devices can come with formal approvals from those countries. Owners employ industry experts to install devices at their measurement locations. In many cases, trade devices in these two sub-sectors are initially inspected and calibrated periodically due to company policy or device history. In other cases, the devices are left in service until there are concerns about their accuracy or they are removed from service.

Device calibration services for these sub-sectors are available in Canada, but safety precautions must be taken when handling cryogenic liquids.

3.3 Inspections compared to calibrations or "checks"

Inspections, calibrations and checks are three different methods used to determine how well a measuring device is functioning. This section explains the differences between these terms and the level of assurance they provide.

For the purposes of this review:

An inspection is an in-depth examination of a measuring device, using Measurement Canada accepted procedures, by either a Measurement Canada inspector or by an Authorized Service Provider (accredited or registered company), to verify that it meets all the requirements of the Weights and Measures Act and Regulations. During this examination, the following are tested:

• the device's accuracy is tested with certified test standards, using prescribed limits of error (tolerances) over the working range of the device
• product tests where necessary and practical
• the required markings
• the device settings that can affect accuracy (i.e., zero, tare, installation, etc.); and
• the accurate functioning of attached equipment such as printers, electronic read outs (indicators), or computers.

If the device passes the inspection, it is sealed to prevent tampering (electronic scales or meters), an inspection sticker is affixed to the device and an inspection certificate is issued. Examples of stickers and seals that are used after a device passes an inspection are shown in Figure 1 and Figure 2.

Stakeholders sometimes refer to "calibration" as a test and adjustment (if necessary) of the accuracy of the device, and can be done with certified or non-certified test standards. Measurement Canada inspectors are not authorized to calibrate devices. A calibration can be done by any service/repair company or any employee as long as Measurement Canada is notified if the seals are broken during the calibration of the device. There are no requirements to use a recognized test procedure.

A device check is done by many device owners to identify possible measurement problems. For example, to check a device, readings can be taken and the results compared with previous readings (trends), visual checks of the device can also be made. This may help to identify measuring problems, but is not a reliable indicator of the device's accuracy.

Examples of Inspection Stickers and Seals used on Certified Devices

4.0 Draft recommendations

This section of the paper describes some of the issues related to the different measurement programs, the draft recommendations that were derived from stakeholder feedback, some considerations either supporting or opposing the proposals and a summary of the different positions taken by stakeholders. For the sake of comparison, Appendix IV shows the measurement programs used in other countries and their methods of delivery.

It should be noted that the feedback from stakeholders in both sub-sectors, the cryogenic sub-sector and the de-icing and anti-icing sub-sector, indicated similar feedback supporting the draft recommendations below.

4.1 Approvals

The term approval is used to define a formal process where a prototype of a measuring device is evaluated for compliance with legislated requirements to ensure that it is capable of measuring accurately under normal conditions of use and throughout its service lifetime. Usually, this process must be undertaken before a device can be used in trade. This process may also be referred to as "type approval" or "pattern approval."

Historically, Measurement Canada has not conducted approval testing in these sub-sectors, but does perform approval testing and issuing of type approvals in other sectors. In some sectors Measurement Canada has Mutual Acceptance Arrangement (MAAs) with member countries of the International Organization of Legal Metrology (OIML) for recognition of test results. Mutual Acceptance Arrangements allow for participating countries to utilize test reports from other countries in their own approval process.

For a few device types, Measurement Canada has signed a Mutual Recognition Arrangement (MRA) with the USA for the recognition of type approval evaluations done in the USA.

As with most industrialized countries, Canada is a member of the International Organization of Legal Metrology (OIML), an organization created to promote the global harmonization of legal metrology standards. Measurement Canada participates on some of OIML's technical committees to develop international requirements for measuring devices.

Issues (discussion points)

1. Are there any exceptions to requiring an approval of all trade measurement devices in these sub-sectors?
2. Are there concerns with organizations outside Canada being used for approval testing?
3. Should mutual recognition programs between Canada and other countries be expanded?

Draft recommendations

4.1.1 Measurement Canada should require type approval for all measuring devices used for trade in these sub-sectors, with no exceptions.

4.1.2 Measurement Canada should harmonize approval requirements with international standards such as the International Organization of Legal Metrology (OIML) recommendations (see Appendix IV for a description of OIML).

4.1.3 Approval testing should be conducted by organizations that meet a formal Measurement Canada alternative service delivery program, with the final approvals issued by Measurement Canada.

4.1.4 Measurement Canada should implement a formal recognition program for other countries' type approval processes of trade devices in these sub-sectors, with final device approval issued by Measurement Canada.

4.1.5 Measurement Canada should expand mutual acceptance agreements with other countries for approval testing.

Rationale/discussion

Initial inspections only ensure devices measure accurately under the particular conditions and location at the time of testing, however, type approval process ensures devices of certain types are capable of measuring accurately throughout their service life and under varying conditions.

There are several benefits to the Mutual Acceptance Arrangement program, for instance, they allow OIML member countries to rely on the facilities and competencies of other member countries for test results, thus reducing barriers to trade and competitiveness. The Mutual Acceptance Arrangement works to reduce duplication in testing and allows for a quicker turnaround on measuring device approvals.

Harmonizing approval requirements and accepting other countries' approvals may reduce the amount of control that Measurement Canada would otherwise have on a type approval evaluation.

Stakeholders' feedback

Cryogenics

The vast majority (92.2%) of stakeholders would like mandatory approval requirements.

A few stakeholders (8%) see no need for devices to be approved.

Some stakeholders (32%) want Measurement Canada to perform the approval testing.

Some stakeholders (35%) would accept other countries' approvals providing there is a mutual recognition agreement.

Some stakeholders (27%) are agreeable to using external laboratories recognized by Measurement Canada.

De-icing and Ant-icing

The vast majority (93.1%) of stakeholders would like mandatory approval requirements.

A few stakeholders (3%) see no need for devices to be approved.

Some stakeholders (30%) want Measurement Canada to perform the approval testing.

Some stakeholders (30%) would accept other countries' approvals providing there is a mutual recognition agreement.

Some stakeholders (33%) are agreeable to using external laboratories recognized by Measurement Canada.

4.2 Initial inspections

An initial inspection is the first inspection or certification of each measuring device before it may be placed into trade service. This inspection is currently mandatory in many sectors and ensures that the device is approved, installed correctly and measuring accurately within the limits of error (tolerance) set out in the Weights and Measures legislation. Measurement Canada's programs do not currently include initial inspections in these two sub-sectors. However, many device owners have calibration tests performed prior to the installation of their devices.

Issues (discussion points)

1. Should there be exceptions to all measuring devices in these sub-sectors requiring initial inspections? If yes, which devices should be exempt?
2. Are there concerns with using either the accreditation or registration programs for initial inspections? (See Appendix III for a description of these programs)

Draft recommendations

4.2.1. Measurement Canada should require mandatory initial inspections for all measuring devices used for trade in these sub-sectors, with no exceptions.

4.2.2 Organizations other than Measurement Canada should be allowed to perform initial inspections, provided they are authorized under the Measurement Canada accreditation or registration program requirements.

4.2.3 A certificate is to be provided to device owners and a certification sticker affixed to devices, upon passing initial inspection, showing the date of inspection.

4.2.4 Device tolerances should be as per the Weights and Measures Regulations in the short term, but tolerances should be aligned, where possible, to International Organization for Legal Metrology requirements, within the next ten years.

Rationale/discussion

The accreditation program has the added protection of a quality system, but both programs have formal training, evaluation and monitoring.

Initial inspections ensure that the devices used in trade are the same as the model that was approved, the installation is correct and the devices meet the requirements of the Weights and Measures legislation.

Accredited or registered companies are able to install, calibrate, inspect and certify the devices. The companies must qualify for these programs and their recognized technicians are monitored on an ongoing basis by Measurement Canada. They are therefore able to reduce the amount of time and costs needed for initial inspections. (See Appendix III for the qualification requirements and the monitoring for the accreditation and registration programs)

Stakeholders' feedback

Cryogenics

The majority (71.4%) of stakeholders feel that initial inspections are needed in order to provide assurance that devices in this sector meet the approval requirements and are properly installed and measuring accurately.

Some stakeholders (28.6%) did not feel devices in this sector require initial inspection.

For device inspections, 59.2% of stakeholders indicated a preference for the accreditation program compared with 25.9% preferring the registration program.

Stakeholders feel that initial inspections could be performed by authorized service providers, as long as there are no excessive costs to them.

De-icing and anti-icing

The majority (66.7%) of stakeholders feel that initial inspections are needed in order to provide assurance that devices in this sector meet the approval requirements and are properly installed and measuring accurately.

Only a few stakeholders (3.8%) did not feel devices in this sector require initial inspection.

For device inspections, 56.7% of stakeholders indicated a preference for the accreditation program compared with 34.8% preferring the registration program.

Stakeholders feel that initial inspections could be performed by authorized service providers, as long as there are no excessive costs to them.

4.3 Periodic (subsequent) inspections

Periodic inspections are performed on a device after it has been initially inspected and used in trade. These inspections ensure that the device continues to measure accurately within the applicable limits of error (tolerance). As with initial inspections, Measurement Canada's programs do not include periodic inspections of devices in these sub-sectors, however some device owners do perform periodic calibration testing.

Issues (discussion points)

1. Should there be exceptions to all devices requiring periodic inspections? If yes, what devices and what should their frequency of inspections be?
2. Are the time periods for periodic inspections acceptable?
3. Are there concerns with using either the accreditation or registration programs for periodic inspections? (See Appendix III for a description of these programs)
4. Would mandatory periodic inspections create significant additional cost to the industry and would the benefits of mandatory periodic inspections justify the additional cost to the stakeholders in the industry?
5. In order to have a mandatory periodic inspection period, the Weights and Measures Act would have to be amended. This process could take several years. In the interim, would a voluntary periodic certification (subsequent inspection) program be acceptable and what could be done to make a voluntary periodic program successful? (See Appendix II for a description of the voluntary periodic certification program)

Draft recommendations

4.3.1 Measurement Canada should require annual mandatory periodic inspections for all trade devices used in these sub-sectors, with no exceptions.

4.3.2 Periodic inspections should be performed by authorized service providers that meet the established requirements of either the Measurement Canada accreditation or registration program.

4.3.3 A voluntary program for periodic inspections should be implemented in the sector until legislative changes can be made.

4.3.4 Should periodic inspections become mandatory, an inspection expiry date is to be shown on the certificate and certification sticker.

4.3.5 Device tolerances should be as per the Weights and Measures Regulations in the short term, but tolerances should be aligned, where possible, to International Organization for Legal Metrology requirements, within the next ten years.

Rationale/discussion

The time for legislative changes for a mandatory inspection program can be lengthy and although a voluntary program could be put in place, device owners may opt out of this program at anytime.

Inspections involve more in depth testing than calibrations or checks. Therefore, they are more likely to detect measurement problems and incorrect device settings, installations or usage.

Device errors over a long period of time could be costly for one of the trading parties and could damage the reputation of companies as well as the sector.

There will be additional costs to the device owners for inspecting the devices through authorized service providers. Stakeholders will have to decide if the benefits of having the devices inspected periodically is worth the additional costs.

Measurement Canada inspectors do not have the authority to calibrate or repair trade devices. Therefore, use of authorized service providers will allow the devices to be adjusted if there are any measurement problems found during the inspection.

Having the device inspections done by authorized service providers will allow Measurement Canada's resources to focus inspections in problem areas and to monitor the performance of the cryogenic, de-icing and anti-icing sub-sectors.

Stakeholders' feedback

Cryogenics

The vast majority of stakeholders (95.4%) feel that mandatory periodic inspections are required, 63.2% prefer a yearly inspection while 31.6% prefer a 2 year periodic inspections.

A few stakeholders (4.6%) indicated that they preferred random inspections over periodic inspections.

Stakeholders indicated they prefer to use the accreditation program for alternative device inspections because they believe that the requirement for a quality system adds additional assurance that the inspections are conducted at an appropriate level.

The majority of stakeholders (76.2%) support a voluntary periodic certification program and believe that it could be successful if the program is not too bureaucratic and costly for stakeholders.

De-icing and anti-icing

The vast majority of stakeholders (88.9%) feel that mandatory periodic inspections are required, 54.5% prefer a yearly inspection while 27.3% prefer a 2 year periodic inspections.

Some stakeholders (12.1%) indicated that they preferred random inspections over periodic inspections.

Stakeholders indicated they prefer to use the accreditation program for alternative device inspections because they believe that the requirement for a quality system adds additional assurance that the inspections are conducted at an appropriate level.

The majority of stakeholders (66.7%) support a voluntary periodic certification program and believe that it could be successful if the program is not too bureaucratic and costly for stakeholders.

4.4 Physical test standards

Test standards for device inspections in most other trade sectors are certified by Measurement Canada according to the schedule shown in section 56 of the Weights and Measures Regulations. Standards are referenced to a national standard which is held by the National Research Council of Canada (NRC). Currently Measurement Canada does not have equipment designated as physical test standards for use in these sub-sectors. However, it is possible that test standards used in other sectors could be used to inspect some devices in these sub-sectors.

Measurement Canada has established and implemented an alternative service delivery program where test standards used for inspections can be certified by Measurement Canada based on test results from recognized calibration laboratories.

Issues (discussion points)

1. Should all physical test standards used for inspections be certified and traceable to national or international standards?
2. Should Measurement Canada be responsible for certifying all standards used for inspections? Are there any exceptions to the certification of physical test standard used for inspection purposes?
3. Are alternative service delivery programs acceptable for calibration of test standards in these sub-sectors?
4. Should the calibration periods recommended be applicable to all test standards?

Draft recommendations

4.4.1 All physical test standards used by Measurement Canada inspectors and authorized service providers for inspections, should be certified according to the schedule in the Weights and Measures Regulations.

4.4.2 Physical test standards should be certified either by Measurement Canada or by a recognized laboratory that meets Measurement Canada's alternative service delivery requirements.

Rationale/discussion

There are some existing physical test standards used in other trade sectors that could apply to these sub-sectors, however their could be considerable costs for the purchase and upkeep of physical standards for devices in the cryogenic sub-sector.

Test standards that have a current certificate of calibration traceable to national or international standards provide confidence in inspection results.

Use of other calibration organizations could provide some alternatives for inspectors and authorized service providers, and may reduce the time needed to certify test standards.

Use of other calibration organizations, even under an alternative service delivery program, could reduce some of Measurement Canada's control of test standards.

Stakeholders' feedback

Cryogenics

The vast majority of stakeholders (99%) have indicated that they want test standards used for inspections to be certified and traceable to international standards.

Only 4.8% preferred standards to be certified every 6 month, 85.7% indicated yearly certifications and 4.8% indicated they prefer to leave this up to the industry to decide for themselves.

De-icing and anti-icing

The vast majority of stakeholders (87.5%) have indicated that they want test standards used for inspections to be certified and traceable to international standards.

Only 17.6% preferred standards to be certified every 6 month, 41.2% indicated yearly certifications and 29.4% prefer 2 years.

4.5 Net quantity (commodity) inspections

These sub-sectors offer their commodities in pre-filled (declarations in volume or weight) bottles and/or containers. Such commodity packaging could be subject to a commodity net weight inspection program.

Issues (discussion points)

1. Is there a need for specific periods for net quantity inspections?
2. Are there any alternatives to Measurement Canada performing these inspections?
3. Is there any need for monitoring of the net quantity of products by Measurement Canada?
4. Should Measurement Canada give special consideration to companies that have a quality management system in place? What should be the nature of the consideration? Under what conditions should they apply?

Draft recommendations

4.5.1 Measurement Canada should perform net quantity (commodity) inspections in these sub-sectors, on a random basis, until such time as an alternative service delivery mechanism can be put in place.

Rationale/discussion

Quality programs are used to ensure consistent processes and could be used to qualify an organizations' self declaration of conformance to the legislation.

Net quantity inspections provide assurance that the packaged products contain the declared quantity of a product and that the filling process is working.

Errors in the packaging could be costly for one of the trading partners.

Stakeholders' feedback

Cryogenics

The majority of stakeholders (47.8%) believe that Measurement Canada should conduct random net quantity inspections in this sub-sector. The majority of stakeholders who want random inspections would like this work done every 2 years.

Some stakeholders (39.1%) feel that the packaging companies should have quality management systems in place and should be responsible for ensuring that the net contents of the packages and containers are accurate.

De-icing and anti-icing

The majority of stakeholders (44.4%) believe that Measurement Canada should conduct random net quantity inspections in this sub-sector. The majority of stakeholders who want random net-quantity inspections would like this work done yearly.

Some stakeholders (27.8%) feel that the packaging companies should have quality management systems in place and should be responsible for ensuring that the net contents of the packages and containers are accurate.

Some stakeholders (16.7%) have indicated there is no need for net-quantity inspections.

4.6 Complaints

Buyers and sellers of goods and services who suspect they have received inaccurate measurement and who have been unable to resolve their concern with the other party to the transaction may contact the nearest Measurement Canada office and request that their complaint be investigated.

Measurement complaints received by Measurement Canada are investigated by its inspectors and if necessary, devices or commodities are inspected. The complainant is then informed as to whether the device, product or service meets the requirements of the Weights and Measures Act. If an inspection indicates that the measuring device or the commodity does not meet legislated requirements, then enforcement actions such as rejection, seizure, warnings, etc., may be taken.

In 2009, a total of 441 weights and measures complaints were made. There were no complaints from the chemical sector. The chemical sector includes the cryogenic and the de-icing and anti-icing sub-sectors.

Issues (discussion points)

1. Are complaints currently being resolved satisfactorily in these sub-sectors?
2. Are stakeholders aware that Measurement Canada is required to investigate measurement complaints and that Measurement Canada is available as an independent party to conduct an investigation that may help resolve the complaint?

Draft recommendations

4.6.1 Measurement Canada should provide complaint investigation and inspection services for these sub-sectors, but only after the two parties have had the opportunity to resolve the issue first.

4.6.2. Measurement Canada should publicize its role as an investigator of trade measurement complaints in these sub-sectors.

Rationale/discussion

Measurement Canada has the authority to charge the owner of the device under the criminal code of Canada for measurement infraction(s).

Stakeholders' feedback

Cryogenics

The majority of stakeholders (57.1%) have indicated Measurement Canada should continue to be available as an independent third party where a resolution cannot be reached between the two parties involved.

Only 39.1% of stakeholders have indicated that measurement complaints should be resolved between only the parties involved.

De-icing and anti-icing

The majority of stakeholders (55.6%) have indicated that measurement complaints should be resolved between only the parties involved.

Almost half of stakeholders (44.5%) have indicated Measurement Canada should continue to be available as an independent third party where a resolution cannot be reached between the two parties involved.

4.7 Monitoring

Measurement Canada monitors different sectors through random device inspections, net quantity inspections, and compiles measurement related data on the trade measuring devices and establishments. This information allows Measurement Canada to determine the level of measurement accuracy in each sector and to plan its inspection programs. Currently, Measurement Canada's monitoring program does not include these sub-sectors.

Issues (discussion points)

1. Are there other performance indicators that need to be considered?
2. Who should have access to this information?
3. How is this information to be disclosed?
4. What is a reasonable compliance rate to use as a bench mark?

Draft recommendations

4.7.1 Measurement Canada should monitor these sub-sectors by compiling compliance data on devices, by retaining complaint investigation results and by soliciting stakeholder feedback/input and disseminate this information in aggregate form on a yearly basis.

4.7.2 Measurement Canada should use tickets or fines along with other forms of enforcement if the investigations and the inspections indicate that the requirements of the Weights and Measures Act are not met.

Rationale/discussion

Ongoing monitoring will be needed to determine the effectiveness of the implemented recommendations.

Stakeholders' feedback

Cryogenics

The vast majority of stakeholders (94.6%) indicated that they want to know the status of their trade sector.

The majority of stakeholders (76.2%) were in favour of and some 24.8% were not in favour of using tickets and fines along with other forms of enforcement.

De-icing and anti-icing

The vast majority of stakeholders (96.8%) indicated that they want to know the status of their trade sector.

The majority of stakeholders (66.7%) were in favour of and some 33.3% were not in favour of using tickets and fines along with other forms of enforcement.

4.8 Future sector reviews

Measurement Canada has identified 39 different sectors and plans to conduct reviews in each sector. Once the initial review is completed in each sector, additional reviews will be conducted only as needed.

Issues (discussion points)

1. Are there other factors that should be used to initiate a sector review?

Draft recommendations

4.8.1 Future trade sector reviews should be conducted if there is a significant reduction in compliance rates, there are major changes in the industry that can have an impact on measurement accuracy or stakeholders indicate that there is a lack of confidence in measurement accuracy.

Rationale/discussion

Trade sector reviews give stakeholders an opportunity to provide input in the way in which trade measurement is regulated in their sector.

Trade sector reviews take a lot of time and resources from Measurement Canada and from stakeholders, therefore they should be held only if there is a need or benefit to the sector and to Measurement Canada.

Stakeholders' feedback

Cryogenics

The vast majority of stakeholders (98%) indicated that further reviews should be conducted.

The vast majority of stakeholders (96.2%) feel that a review should be conducted if there is a significant decrease in the device compliance rate, if Measurement Canada's monitoring indicates that there are measurement problems in the industry or if stakeholders express a loss of confidence in measurement accuracy.

De-icing and anti-icing

The vast majority of stakeholders (96%) indicated that further reviews should be conducted.

The vast majority of stakeholders (97.2%) feel that a review should be conducted if there is a significant decrease in the device compliance rate, if Measurement Canada's monitoring indicates that there are measurement problems in the industry or if stakeholders express a loss of confidence in measurement accuracy.

5.0 Criteria for final decisions

During the consultation process, Measurement Canada will strive to reach consensus among the stakeholders in the cryogenic, de-icing and anti-icing sub- sectors in order to establish the appropriate level of involvement for Measurement Canada. Decisions regarding the appropriate level of involvement must be determined based on the input from all parties to the trade transaction.

The following criteria will be used to formulate decisions during the consultation process:

1. Stakeholder support - All stakeholders involved in the consultation are encouraged to actively participate to the degree possible, however, certain conditions must be established:

• all stakeholders must be informed of the issues for discussion,
• there must be general agreement from all stakeholders on all recommendations,
• preferred weighting will be given to stakeholders in trade transactions, especially the vulnerable parties,
• general support from third party (those who are not directly involved in the trade transaction),
• those stakeholders who express dissenting opinions during the consultation will have their opinions recorded for future reference.

2. Stakeholder representation - Measurement Canada will seek to ensure that the stakeholders who participate in the consultation are representative of the sector. All affected parties must be adequately represented during discussions and all informed comments will be considered.

3. Consistent with Measurement Canada's mission and strategic direction - All decisions reached during the consultation must agree with Measurement Canada's mission and strategic direction. The use of viable alternative service delivery options are to be actively explored and implemented in areas where the sector stakeholders believe it is appropriate.

4. Sustainable - The recommendations must be able to be implemented and sustainable on an ongoing basis. All recommendations must be cost effective for both Measurement Canada and industry and should not suppress the emergence of new technology.

5. International competitiveness - The recommendations must be both practical and consistent with international metrology (measurement) standards and practices and must not adversely impact Canada's image and competitiveness in international markets.

6. Measurement Canada acceptance

The final recommendations will be determined by consensus among all sector stakeholders.

All recommendations from the cryogenic, de-icing and anti-icing Trade Sector Review are subject to review and acceptance by Measurement Canada's Senior Management Committee (SMC).

7. Timetable

The recommendations are scheduled to be presented to the SMC by May 2011.

Appendix I – Trade sector review team contacts

The members of the cryogenic, de-icing and anti-icing Trade Sub-Sector Review team are:

Team leader: Sam Stouros

Phone: 613-952-2627
Fax. : 613-952-8013
E-mail: sam.stouros@ic.gc.ca

Regional members:

Eastern region – Matthieu Parent

Phone: 514-283-6566
Fax: 514-283-1864
E-mail: matthieu.parent@ic.gc.ca

Western region – Rowan Hemsing

Phone: 780-495-2610
Fax: 780-495-7724
E-mail: rowan.hemsing@ic.gc.ca

Ontario region – Larry Ranger

Phone: 705-690-3244
Fax: 705-671-0635
E-mail: larry.ranger@ic.gc.ca

Appendix II – Current Measurement Canada services

Measurement Canada fulfills its mission through the following programs related to the administration of the Weights and Measures Act:

1. Establishment of measurement specifications - Measurement Canada is responsible for the development of specifications, regulatory amendments, policies and testing procedures for weighing and measuring devices. When a new measurement technology emerges onto the marketplace, it will be approved and inspected against regulatory specifications and test procedures. Specifications are developed in consultation with industry representatives.
2. Maintenance and calibration of measurement standards - Measurement Canada owns and maintains measurement standards (references) that are traceable to national standards. Standards of mass (test weights), volume, temperature, etc., are calibrated and certified in relation to the references. These test standards are used by government inspectors and accredited and registered service providers to inspect and certify devices.
3. Approval of new measurement device models - Measurement Canada, through its Approval Services Laboratory, must approve all weighing and measuring device models which are intended for trade use in Canada. All new and modified device models are examined and tested with respect to legislative requirements for design, composition, construction, and performance. This service is intended to ensure a population of measuring devices which are reasonably accurate throughout their lifetime and to minimize the possibility of fraudulent use. For some device types, Measurement Canada is a partner in a Mutual Recognition Program with our United States counterparts where all the approval evaluation tests are performed either by a Canadian or U.S. government laboratory and the results recognized by both countries. More recently, Measurement Canada entered into a Mutual Acceptance Arrangement with member countries of the International Organization for Legal Metrology (OIML) for recognition of test results in the approval of non-automatic weighing devices and related modules. Mutual Acceptance Arrangements allow for participating countries to utilize test reports from other countries in their own approval process.
4. Initial inspection of new devices (certification) - Measurement Canada, through its field inspection staff, or accredited or registered service providers must inspect (initial inspection) all weighing and measuring devices, before they are used in trade, unless they are exempted by the Act and Regulations. The intent is to ensure the devices meet approval requirements, are installed correctly and operate within the appropriate limits of error (tolerance) before their service lives begin. Since January 1, 2007, all initial inspections are done by authorized service providers. Where there are less than two authorized service providers available, Measurement Canada inspectors will continue to provide initial inspection services.
5. Periodic inspection of in-service devices - Devices used in trade to measure, pursuant to the requirements of the Weights and Measures Act are inspected, on a random basis, throughout their lifetime to ensure that they are properly maintained, continue to measure accurately, and are not used in a fraudulent manner. Device owners can also request an inspection by an authorized service provider. At present, there is no mandatory periodic certification.
6. Net quantity (commodity) inspection - Goods and services traded on the basis of measure are inspected on a random basis or as needed to ensure that they are measured within prescribed tolerances. Commodities are generally inspected on a product/industry specific basis with emphasis placed on problem product/industries.
7. Complaint investigation - Measurement Canada, through its field inspection staff, investigates complaints related to Weights and Measures legislation and advise affected parties of the result of the investigation, including where warranted, any corrective action instituted. However, any compensation is left up to the action of the parties involved.
8. Accreditation of qualified organizations to inspect approved devices - An organization may be granted the authority to inspect and certify trade weighing and measuring devices on behalf of Measurement Canada provided that it meets the requirements of the accreditation standard, S-A-01 which is administered by Measurement Canada. Accredited organizations are periodically audited by Measurement Canada to ensure that the program is being carried out according to the standard. Their technicians are evaluated by Measurement Canada, are required to follow Measurement Canada accepted inspection procedures and their competence is monitored by Measurement Canada.
9. Registration of qualified organizations to inspect approved devices - An organization may be granted the authority to inspect and certify trade weighing and measuring devices on behalf of Measurement Canada provided that it meets the requirements of Measurement Canada's registration program. Registered organizations are not required to have a Quality Management System, but their recognized technicians are trained and evaluated by Measurement Canada, are required to follow Measurement Canada accepted inspection procedures and their competence is monitored by Measurement Canada. These organizations can only conduct inspections in specific sectors where the trade sector review led to the acceptance of registration as an alternative service delivery program.
10. Voluntary periodic inspection program - An interim program where device owners would voluntarily have their trade measurement devices inspected and certified at specified periods until the Weights and Measures Act can be changed to make the program mandatory. This program can apply only to industry sectors where as a result of a trade sector review, the stakeholders have agreed to a mandatory periodic certification program for measuring devices used in trade.

Appendix III – Comparison of the Accreditation and Registration Programs for device inspections

	Accreditation Program	Registration Program
Designation as Authorized Service Provider	The organization is accredited. Technicians within the organization are recognized.	The organization is registered. Technicians within the organization are recognized.
Scope	Open to all trade sectors where inspections will be conducted on behalf of Measurement Canada.	Limited by recommendations resulting from trade sector reviews. Program has to be acceptable to a consensus of stakeholders in a given sector, particularly vulnerable parties.
Requirements	A quality management system must be implemented. Additional Measurement Canada technical requirements must be met. Standards must be calibrated and certified. Technicians must be trained and pass theoretical and practical assessments before being recognized. Organization enters into a legal agreement with Measurement Canada. Requirements stipulated in Accreditation Standard S-A-01	Measurement Canada technical requirements must be met. Standards must be calibrated and certified. Technicians must be trained and pass theoretical and practical assessment before being recognized. Organization enters into a legal agreement with Measurement Canada. Requirements stipulated in Registration Program Terms and Conditions.
Training	At least one technician must receive the applicable technical training from Measurement Canada. Every technician must pass (with 70% or more) the theoretical and practical assessment by Measurement Canada in order to be recognized.	Every technician must receive the applicable technical training and pass (with 70% or more) the theoretical and practical assessment by Measurement Canada in order to be recognized.
Cost	$1000 per initial and surveillance audit. Training: $100 per day per person	$1000 per year. Training: $100 per day per person.
Monitoring (these are minimum requirements; additional monitoring may occur as necessary)	A surveillance audit of the quality management system is conducted annually. In addition, every 3 years, each technician is monitored through a product audit on at least one of the device types for which he or she is recognized, and over a 3 year period, product audits are performed on all device types under an accredited organization's scope.	For each recognized technician, at least one follow-up inspection per device type is conducted every 12 months. In addition, annual meetings are held with registered organizations' management to review monitoring findings and any necessary corrective action.

Appendix IV – Other countries' trade measurement services

The International Organization for Legal Metrology (OIML)

The International Organization of Legal Metrology (Organisation Internationale de Métrologie Légale) is a worldwide, intergovernmental organization whose primary aim is to harmonize the regulations and metrological controls applied by the national metrological services, or related organizations, of its Member States. The two main categories of International Organization for Legal Metrology publications are:

• International recommendations (International Organization for Legal Metrology-R), which are model regulations that establish the metrological characteristics required of certain measuring instruments and which specify methods and equipment for checking their conformity; the International Organization for Legal Metrology Member States shall implement these draft recommendations to the greatest possible extent;
• International documents (International Organization for Legal Metrology-D), which are informative in nature and intended to improve the work of the metrological services.

International Organization for Legal Metrology recommendations and documents are developed by technical committees or subcommittees which are formed by the member states. Certain international and regional institutions also participate on a consultation basis. Cooperative agreements are established between International Organization for Legal Metrology and certain institutions, such as ISO and IEC, with the objective of avoiding contradictory requirements; consequently, manufacturers and users of measuring instruments, test laboratories, etc., may apply simultaneously International Organization for Legal Metrology publications and those of other institutions.

International recommendations and international documents are published in French (F) and English (E) and are subject to periodic revision.

International Organization for Legal Metrology publications may be obtained from the Organization's headquarters:

Bureau International de Métrologie Légale 11, rue Turgot - 75009 Paris - France
Telephone: 33 (0)1 48 78 12 82
Fax: 33 (0)1 42 82 17 27
E-mail: biml@oiml.org
Internet: www.oiml.org

A) Cryogenics sub-sector

A1) Legislation

United States of America

There is a national weights and measures model that includes device inspections as well as commodities in the United States. This information can be found in the National Institute for Standards and Technology (NIST) Handbook 44 for devices and Handbook 133 for commodities. These model laws are not a mandatory national standard, however, states are encouraged to adopt them and the vast majority have. The two States contacted during this review: California and New York acknowledge use of the NIST hand books as the basis for their requirements. Although the United States of America and Canada have their own legislation relating to devices, they also participate in the development of international standards.

France

The minister responsible for industry produces decrees, orders, circulars etc. in which the metrological requirements for devices and the methods of application are written. Fundamental metrology in France is, since January 2005, the responsibility of the Laboratoire National de Métrologie et d'Essais (LNE). Due to historical reason several national laboratories are involved in this activity. The LNE is a public body with commercial activities under the control of the ministry in charge of industry.

Responsibility for legal metrology is at central government level. The Bureau de la Métrologie (BM) within the Regional Action, Quality and Industrial Security Directorate (DARQSI) is part of the ministry in charge of industry. The BM defines the general rules of legal metrology, prepares regulations, survey designated and notified bodies, co-ordinates metrological controls, market surveillance and the work done by the Directions Régionales de l'Industrie, de la Recherche et de l'Environnement (DRIRE), participates in European or international meetings (Commission, WELMEC, OIML).

Germany

It is the Physikalisch-Technische Bundesanstalt (PTB's) task to realize and disseminate the legal units, to approve measuring instrument types, to test standard instruments for the verification authorities and the state-approved test laboratories, and to give advice to the verification authorities and test laboratories. PTB is the federal authority responsible for legal metrology; it is not, however, a higher verification office. Verifications of measuring instruments are only carried out by the verification authorities of the 16 federal states. PTB and the verification authorities cooperate closely, for example, in the annual Plenary Assembly for Verification Matters and in the Legal Metrology Committee of the federal government and the federal states in which technical and legal recommendations are drawn up to adjust the legal regulations to the state of the art.

Australia

For many years Australia's trade measurement (Weights & Measures) regulatory responsibility fell under state and territory jurisdictions. On July 1st 2010, the National Measurement Institute (NMI), Australia's peak measurement body, inherited the responsibility of trade measurement nationally; under the Uniform Trade Measurement Legislation (UTML). The NMI is a division of the Department of Innovation, Industry, Science and Research. The cryogenic industry is regulated under the Fair Trading Act with companies following an Industry Code of Practice. The NMI would, however, respond to complaints if requested.

New Zealand

As a division of the Ministry of Consumer Affairs, Measurement and Product Safety Service (MAPSS) is responsible for trade measurement enforcement in all trade sectors under the authority of the Weights & Measures Act. Besides product safety responsibilities, their main duties include: spot checks of weighing and measuring equipment, checking the weight of packaged goods and investigating complaints by the public. MAPSS also accredits organizations and their technicians to conduct measurement inspections on their behalf. These accredited organizations must have a quality management system in place that meets all the requirements of the Weights and Measures legislation. The cryogenic industry is very small and specialized and isn't currently monitored by MAPSS inspectors. The few organizations in this trade sector follow an industry code of practice and are regulated under the Fair Trading Act. MAPSS would only get involved if a complaint was received but otherwise this industry monitors itself.

United Kingdom

The National Measurement Office (NMO) is an Executive Agency of the Department for Business, Innovation and Skills. They work to ensure fair and accurate measurement during legal transactions by overseeing the enforcement the Weights and Measures Act. Their principal activity is preparing legislation under the Weights and Measures Act (1985) and the European Communities Act (1972). The NMO gives guidance to the Local Weights and Measures Authority (LWMA) and their Officers, to deliver local Weights and Measures enforcement throughout the United Kingdom (UK). The UK works in cooperation with it's European Union (EU) trading partners to harmonize legal metrology throughout Europe. Although the NMO regulates most trade sectors, it currently does not monitor the cryogenic industry.

A2) Approvals

United States of America

Most trade measurement devices in the United States of America are subjected to the National Type Evaluation Program (NTEP). The NTEP is an evaluation program administered by the National Conference on Weights and Measures (NCWM). This program is funded through the fees paid by manufacturers and distributors of commercial weighing and measuring devices. Manufacturers, who wish to market their products in the United States, may be required to have their device evaluated by NTEP, in order to comply with certain state and/or local laws and regulations. Through 10 participating laboratories, the NTEP examines the design, features, operating characteristics and performance of weighing and measuring devices to ensure compliance with national requirements. Essentially, it provides a central evaluation process that satisfies the requirements for the rollout of measuring devices in all fifty states.

The United States does not have national legislation requiring trade devices to be subjected to a type approval process. Legislation for type approval is left up to state and/or local jurisdictions. The state of California and New York both require NTEP approvals on trade devices. There are mutual acceptance agreements of approval evaluation with Measurement Canada for a few device types. The USA is working toward expansion of mutual agreements with other countries as well.

State of California

For all trade sectors including cryogenics, California Law requires all commercial weighing, measuring, and counting devices to be approved prior to use in trade. This function is conducted at the state level. California can also accept National Certificates of Conformance and is an authorized lab for the NTEP as well. As an authorized NTEP laboratory, they are also authorized to conduct USA/Canada Mutual Recognition Agreement testing on Type Evaluation for some scales and gas pumps.

State of New York

In New York most of the commercial devices utilized in the cryogenic sector must be approved before being used in a commercial application. This approval is granted to the manufacturer or distributor of the device. Commercial devices must be capable of meeting the specifications and tolerances in NIST Handbook 44, which is adopted in New York Regulations. New York is a participating laboratory in NTEP and is authorized to perform evaluations in the areas of scales and weighing devices. NTEP operates under the National Conference on Weights and Measures and provides one-stop shopping for manufacturer's to get approvals for the entire country. NTEP also has cooperative agreements with Canada to share test results.

France

All devices used in trade are required to be approved. Type approval evaluations are equivalent to the approval of measuring devices by Measurement Canada. They are conducted in France only by the LNE, a designated state organization. Only the LNE is accredited by the Comité Français de l'Accréditation (COFRAC) to approve measuring devices based on the NF EN 45011 standard. However, the LNE can consider the test results from the device manufacturers or from an independent laboratory. It should be noted that the device type approval certificate issued by another member state of the European Union is recognized by France and vice-versa.

Germany

All measuring instruments used in accordance with the Verification Act for measurements subject to legal control must be verified. If the approval test was a success, PTB issues an approval certificate for the applicant and lays down an approval mark which must be affixed conspicuously to all measuring instruments of this type.

The type approval of measuring instruments is among PTB's most important tasks assigned to it by law. About 20 laboratories work in this field in which PTB closely cooperates with the national metrology institutes of other states.

Australia

All measuring devices used in trade must be Pattern Approved (Type Approved) by NMI Approval Specialists before being used in trade in Australia. Private companies (Licensee's) do not have authority to approve devices. Australia has never approved a cryogenic measuring device, although they may in the future as the industry develops.

New Zealand

Although all trade measuring devices must be approved before being used, MAPSS doesn't currently regulate cryogenic devices. This industry is very small and most trade device used would have an approval from another country. MAPSS accept these approvals as long as the approving body used OIML procedures when testing and an OIML certificate accompanies the device.

When MAPSS is asked to approve or inspect a device they aren't familiar with they ask for assistance from New Zealand's National Measurement Laboratory or they contact Australia's National Measurement Institute (NMI). The NMI has a much larger lab capable of testing\inspecting more complex and unique devices. Australia and New Zealand have a single economy and they cooperate on many projects.

United Kingdom

Apart from simple weights and measures and simple weighing instruments, all devices subject to legal metrology control require type approval prior to initial verification and use in trade. The National Measurement Office (NMO) is recognized as a Notified Body (Accredited Organization) and is responsible for the majority of device approvals. For unique or complex instruments, or if facilities are not available on the NMO site, approval testing may be contracted to a specialised laboratory. Only labs recognized as a Notified Body by UKAS (United Kingdom Accreditation Service) may conduct approval testing.

A3) Initial inspections

United States of America

There are no national requirements for initial inspections on trade devices in the United States. Individual state weights and measures regulators who have elected to have such a requirement have included it in their respective legislation.

State of California

The Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the State of California. Like all trade sectors, the cryogenic sector requires the inspection of a trade device prior to its use. Weights and Measures laws are jointly enforced by the state and the county departments of weights and measures.

State of New York

The Department of Agriculture and Markets is responsible for the inspection of most weights and measures commercial devices in all trade sectors. No mandatory initial inspection is required prior to use, however, trade devices must meet NIST Handbook 44 requirements. Licenced service companies are allowed to install trade devices following manufacturers instructions and procedures and are required to meet NIST HB44 tolerances and specifications. An inspection by a state inspector is to occur within one to two years of installation. Although the above holds true for all sectors, New York State has had minimal involvement in the cryogenic trade sector.

France

An initial verification is for the most part the equivalent to the initial inspection in Canada. It is required to be done before the device is used. It is also necessary following the repair of a device whenever a metrological function is in question.

Initial verifications are performed by designated independent bodies or by approval of the quality system of a manufacturer or the repairer. The manufacturer or the repairer must obtain a quality system certificate of approval and an implementation certificate for a quality management system based on ISO9001:2000 administered by the LNE in order to do the verification themselves. Failing that, they have to hire another manufacturer or repairer that has this capability. In fields where there is not yet a designated body DRIRE inspectors perform initial verifications. Since 2001 initial verification of many categories of measuring instruments are performed by private bodies designated by the ministry.

Germany

For initial verifications (inspections) the manufacturer must present every individual instrument to the competent verification authority where it is checked whether the instrument submitted is in compliance with the Verification Ordinance and PTB type approval or, in the case of generally approved measuring instruments, with the generally accepted rules of technology. In addition, the instrument must be in compliance with the maximum permissible errors stipulated in the Verification Ordinance. To ensure uniformity in the various federal states, the verification authorities accomplish their tasks in close technical cooperation with PTB.

Australia

Generally speaking, all devices used in trade in Australia must be initially verified before being used, but since NMI doesn't regulate the cryogenic industry NMI has never conducted initial inspections on cryogenic measuring devices.

New Zealand

Under the authority of the Weights and Measures Act, all trade measuring devices must be initially verified before being used. In New Zealand, due to limited resources, these inspections are usually only conducted by accredited organizations not by MAPSS inspectors. The cryogenic industry is very small and not regularly monitored by MAPSS. Only a handful of private companies would have the proper test equipment to be able to inspect devices in this trade sector. This industry is self-regulated and follows an Industry Code of Practice.

United Kingdom

Before being used in trade, all weighing and measuring instruments must be initially verified. For many years only Local Weights and Measures Authorities (LWMA) trading standards officers could conduct initial verifications. Following amendments to the Weights and Measures Act (1985), a self verification system was introduced for manufacturers, installers and repair agencies so they could become Approved Verifiers (AVs). AV's have the authority to inspect their own devices. These companies must have an appropriate quality management system in place and are regularly monitored by Trading Standards Officers for compliance with the Weights and Measures Act. Depending on the device type and installation requirements, these initial verification inspections may be performed on site, at the manufacturers premises or at local authority premises. Currently the NMO does not regulate the cryogenic industry and therefore doesn't conduct initial verifications in this trade sector.

A4) Periodic (subsequent) inspections

Unites States of America

There is currently no federal legislation in the USA requiring mandatory periodic inspections of trade devices, however many state regulatory bodies specify intervals between device tests. Inspections are typically established in a pattern similar to that for test weights. Some states evaluate device performance through history performance and stability.

State of California

As in many different trade sectors, State law and regulations require devices in the cryogenic sector to have annual inspections. As a general rule the inspections are done by the local county office of weights and measures using state mandated tolerances and testing procedures. More frequent tests may be conducted if requested by the device user in a complaint investigation or on the initiative of a weights and measures official. There are procedures for alternative inspection frequencies based on a county department's resources and staffing.

State of New York

As with the initial inspection program, currently the New York State Weights and Measures program has very little involvement in the cryogenic sector. Device installations and performance must meet NIST HB44 requirements and is always subject to State inspections if the State chooses to exercise their authority.

France

The owner of a measuring instrument used for trade measurement is responsible for requesting a periodic inspection of the instrument by the manufacturer or the repairer of their choice. There is currently no regulated mandatory periodic inspection for the meters used in this sector, however scales must be inspected every year. In certain cases, the Laboratoire National de Métrologie et d'essais (LNE) or the (DRIRE) network can conduct the periodic verification. These requirements apply to this trade sector. Tasks have been widely contracted out to private organisations complying with EN 17020 criteria and having traceable metrological standards and competence. Evidence of accreditation by COFRAC, the national accreditation body for testing laboratories, or equivalent accreditation, is also generally sought.

Germany

Verifications of measuring instruments are only carried out by the verification authorities of the 16 federal states, however the PTB and the verification authorities cooperate closely. For example, in the annual Plenary Assembly for Verification Matters and in the Legal Metrology Committee of the Federal Government and the federal states in which technical and legal recommendations are drawn up to adjust the legal regulations to the state of the art.

The validity of verification is 6 years if the product is measured with a meter and 2 years if measuring the product on a scale. A mandatory reverification system operates with a fee charged for each reverification occasion.

Australia

The NMI does not regulate the cryogenic industry and don't conducted periodic inspections on measuring devices in this trade sector. Currently in Australia the only devices that must be regularly inspected are Public Weighbridges, which must be certified every year.

New Zealand

There are no requirements for mandatory periodic inspections on any device in any trade sector, including the cryogenic industry, but MAPSS is considering it. For added legal protection, traders can voluntarily have their devices inspected annually by an accredited organization. This trade sector is very small in New Zealand and isn't regularly monitored.

United Kingdom

Periodic random inspections (market surveillance) in many trade sectors, are performed by Trading Standards Officers under the authority of the Weights and Measures Act. Approved Verifiers don't have the authority to conduct market surveillance inspections. Each local authority department is autonomous and decides what devices to inspect and how often to inspect them.

The criteria that may be used by local authorities when determining inspection frequencies might include: device complexity, record of trader, the value of goods measured and the device's environment. Except for when a device is repaired or modified, there are no mandatory periods of re-inspection on any instrument under the current legislation, although the government is considering it. Repaired devices must be re-verified before being put back into use. These re-verifications may be carried out by an Approved Verifier.

The NMO does not regulate nor conduct periodic inspections in the cryogenic trade sector.

A5) Physical test standards

United States of America

Calibration and certification of physical standards are accomplished by either state or private industry accredited laboratories. The National Voluntary Laboratory Accreditation Program (NAVLAP) is the accreditation body responsible for traceability of standards and is administered by NIST. The scope of the accredited laboratories may be viewed on the NIST web site. Although there is no longer an NIST specified mandatory calibration period for the physical standards, some states have chosen to specify a calibration period in their own state legislation. NIST requires that standards be verified upon their initial receipt and as often thereafter as deemed necessary by the Director. They must be maintained within tolerances. Most of the states incorporate cost recovery fees on the certification of standards.

State of California

California weights and measures standards, including standards used by the county offices of weights and measures are traceable to NIST through NAVLAP accredited laboratories. County sealers or service agencies must have their standards certified as frequently deemed necessary by the Director. B&P Code defines the Director as the Secretary of Food and Agriculture. The Director can extend the re-certification interval up to 10 years based on statistical data, but in the absence of such data the standards shall be certified at least every two years. For Service Agencies, the frequency is based on the Field Reference Manual (California Code of Regulations Title 4, Division 9). Section 4086 requires their standards to be certified and their frequency requirements (determined by the Department of Food and Agriculture) are the same as the county requirements stated above.

State of New York

The State Bureau Laboratory maintains the state standards of mass, volume, length, and temperature. All are maintained accurate and traceable to the national standards maintained by NIST. The laboratory has a defined quality system that is designed to assure the quality of all measurement services. The laboratory is accredited by NAVLAP to ISO Guide 17025 standards for most of the calibration services offered. State standards must be inspected and certified within a period of five years and not less than two years for city and county owned standards. Typically one year for private service companies. Physical standards are to be certified by their state laboratories or by a recognized laboratory.

France

Production and calibration of standards requires accreditation by the COFRAC which also controls the chain of calibration (traceability). The LNE and private laboratories operating in this area are audited annually by COFRAC using the standard NF EN ISO/CEI 17025 v2005 report. The LNE retains France's national physical test standards and these test standards are required to be calibrated every year.

Germany

The PTB is the highest technical metrology authority in Germany, accountable to the Federal Ministry of Economics. As a governmental institute of physics and metrology the PTB establishes the basis for scientific, industrial and legal metrology. The Eichgesetz (Verification Act) provides traceability of the reference standards used by the federal states verification authorities to PTB national standards.

Australia

All of Australia's top level (primary) measurement standards are held by the National Measurement Institute (NMI). These standards are compared to working level standards used by inspectors and private companies to conduct measurement inspections and calibrations on devices. The NMI calibration lab is accredited to the ISO/IEC 17025 specification and their primary standards are traced back to OIML's international standards in France. The NMI also appoint's private labs, who are accredited to ISO/IEC 17025, to calibrate measurement standards but they must be capable of calibrating the appropriate standard and are frequently audited by the NMI to ensure they maintain their capability.

New Zealand

The MAPSS laboratory controls and maintains New Zealand's top level (primary) measurement standards of mass, volume and length. These standards are traced back to OIML's international measurement standards in France. The National Measurement Lab and other ISO 17025 accredited labs, maintain and calibrate other measurement standards ie. pressure, time, etc. These standards are then used to calibrate other laboratory and field measurement standards used to inspect and calibrate weighing and measuring devices.

United Kingdom

The National Measurement System (NMS) is the United Kingdom's national infrastructure of measurement laboratories and maintains the highest level of traceable measurement standards for use in trade, industry, academia and government. These standards are traced back to international measurement standards. Within the United Kingdom the NWML (National Weights and Measures Laboratory), a division of the NMO, maintains the level II standards of mass, length and volume. This accredited lab calibrates working level measurement standards used by Trading Standards Officers and Notified Bodies (Accredited Organizations) to inspect devices used in many trade sectors.

A6) Net Quantity (Commodity) Inspections

United States of America

The standards for packaged commodities are set in National Institute of Standards and Technology Handbook 133. Handbook 133 contains test procedures and allowances used to evaluate conformance with net contents requirements and is a national standard. This publication is also a product of the National Conference on Weights and Measures. Packaged commodities must meet two general requirements: first, the average of the net contents of a lot must equal the labelled quantity, and second, no individual package may be unreasonably below the label quantity. A weigh master's certificate is required for some specific commodities.

State of California

In California, quantity verification inspections are performed by both the state and the county offices of weights and measures using Handbook 133 test methods. The Federal Packaging and Labeling Act is enforced by California weights and measures officials. Bulk commodities transported on large trucks and purchased or sold based on weighmaster certificates also have the quantities listed on them and are also verified for accuracy.

State of New York

Thousands of different packaged commodities including those packed at the retail store and those packed at factories are inspected regularly. The Bureau operates several special programs for devices not tested by local officials. The Bureau of Weights and Measures annually licenses about 3,000 individuals to certify the accuracy of shipments of bulk commodities like feed and fertilizer. Weighmasters form an important network of responsible citizens that facilitate the fair exchange of commodities in the State. Any individual so licensed is charged to accurately weigh bulk shipments of commodities and issue a certified weight ticket for the shipment bearing their signature and license number. The certified weight ticket provides assurance that the weight is fair and accurate. Undercover tests by state officials are conducted by pre-weighing of shipped commodities to test the system. Although this program includes a variety of commodities, it could also include those found in the cryogenic sector depending on the scope of the commodity program.

France

It is the Direction générale de la concurrence, de la consommation et de la répression des fraudes that is responsible for the monitoring of production, including periodical control, degree of control and evaluation of total quality control system.

Germany

Officials are responsible for performing reference tests in relation to average quantity pre-packaged goods. These tests are conducted in accordance with frequency periods set by law and generally are expected to be tested at least once a year. Officials will visit locations unannounced and a fee is charged for the task, the amount depending upon the number of packages and lines tested, and the time spent on site. Generally the fee will amount to between €75 and €400.

Australia

Currently the NMI doesn't regulate the cryogenics industry and therefore doesn't conduct any net quantity (commodity) inspections in this trade sector. They would only get involved if they started receiving numerous complaints regarding this commodity or if they suspected measurement problems within the industry. Net quantity inspections and trial test purchases are conducted in other trade sectors by NMI inspectors.

New Zealand

MAPSS doesn't conduct any routine surveillance nor net quantity inspections in the cryogenics industry, but would respond to complaints if requested. MAPSS does, however, conduct commodity inspections in other retail-based trade sectors.

United Kingdom

The NMO does not regulate nor conduct net quantity inspections in the cryogenic industry. Trading Standards Officers from Local Weights and Measures Authorities (LWMA's) inspect package goods in many trade sectors and would respond to a cryogenic complaint if requested. The main body that regulates the cryogenic industry is the Health & Safety Executive.

A7) Complaints

United States of America

No set national protocol exists for the handling of device complaints in the USA. Complaints are generally handled by state or local weights and measures authorities.

State of California

Complaints may be filed with either the state or local county office of weights and measures. The county offices usually handle the short measure or weight complaints and verify that the device that was used is accurate. The state assists when special equipment or expertise is needed. There are a number of ways enforcement is carried out and penalties are assessed when necessary. Typically it is progressive and the bottom line is to gain compliance. Enforcement ranges from a verbal or written warning, i.e., a Notice of Violation, to a Notice of Proposed Action, i.e., an administrative civil penalty. Also used is direct court criminal citations, criminal filings presented to a District Attorneys, civil actions for unfair business practices and/or unfair competition and/or false and misleading advertising.

State of New York

As with most other states, New York receives complaints by phone, fax, email, and web site. Complaints are investigated by State Inspectors as soon as possible and are viewed as a priority. Enforcement action is also a priority and carried out when complaints are justified.

France

The DRIRE will perform an inspection on a complaint on the point of use, sale or shipment of a device. If the device does not meet the regulation the DRIRE will take action. Use of false or inaccurate instruments or the giving of short measure are criminal offences punishable by fine or imprisonment and subject to the jurisdiction of the courts. This service is free. The French government does not have private partners to conduct these controls.

Germany

State and local verification officials are engaged in providing consumer protection service to legal metrology. They will advise businesses on legal requirements and EN ISO 9000 matters and will investigate consumer complaints about inaccurate equipment. Penalties for non-compliance range from fines, secure of devices to criminal charges.

Australia

The NMI would conduct complaint inspections in this trade sector if asked but as of now they don't regularly monitor this industry and have never done any measurement inspections on cryogenic devices. The cryogenic companies work out disagreements between themselves. Accredited Organizations don't have the authority to conduct complaint inspections.

New Zealand

MAPSS inspectors investigate measurement related complaints in all trade sectors, however Accredited organizations don't have this authority. Complaints may be received from the public, industry, businesses or sometimes even accredited organizations. Under the authority of the Weights and Measures Act, penalties for device non-compliance might range from warning letters, to fines, to prosecution. Companies in this industry regulate themselves by following an Industry Code of Practice. MAPSS concentrates it's enforcement efforts on retail businesses.

United Kingdom

The National Measurement Office (NMO) and their department doesn't directly deal with individual consumer enquiries or complaints. Consumers must contact Consumer Direct or their Local Weights and Measures Authority Trading Standards Department to submit a weights and measures complaint. A government inspector from the responsible department will be assigned to investigate and inspect the instrument under question. Although the NMO investigates measurement complaints in many trade sectors, they currently don't regulate the cryogenic industry, but would respond to complaints.

A8) Authorized Service Providers

United States of America

State of California

In California service agencies, which employ service agents, are registered by the state and pay an annual registration fee to carry out inspection services. Service agents must pass a written test administered by the state for their original service agent's license and renew it every five years by written testing. Information can be found for the Registered Service Agencies/Service Agents at the following link: California Department of Food and Agriculture – Division of Measurement Standards. California also has a weighmaster program in place. Cryogenics would be included as long as it is within the scope of the program.

State of New York

There are no programs in place to allow private companies to conduct inspections on behalf on the state.

France

Inspections have been widely contracted out to private organisations complying with EN 17020 criteria and having traceable metrological standards and competence. Evidence of accreditation by COFRAC, the national accreditation body for testing laboratories, or equivalent accreditation, is also generally sought.

Initial verifications are performed by designated independent bodies or by approval of a manufacturer's or repairer's quality system. The manufacturer or the repairer must obtain a quality system certificate of approval and an implementation certificate for a quality management system based on ISO9001:2000 administered by the LNE in order to do the verification themselves. Failing that, they have to hire another manufacturer or repairer that has this capability. In fields where there is not yet a designated body, DRIRE inspectors perform initial verification. Since 2001 initial verification of many categories of measuring instruments are performed by private bodies designated by the ministry.

Germany

State accredited test laboratories in the private sector perform verification work and employ 220 scientists, 120 engineers, and 180 technicians. These labs are supervised and examined for competence by the State Verification Authority. About 30 engineers of the Verification Offices are trained in quality assurance systems management. An Assessors qualifications are maintained through supervision and auditing of accredited laboratories.

Australia

Although the NMI does accredit (license) private service companies to conduct inspections in other trade sectors, they currently don't regulate the cryogenics industry and don't license any companies to do inspections on their behalf in this trade sector. This may change as the industry grows. These Licensed companies must have a Quality Management System (QMS), proper test standards and the skills and competencies required to meet the Weights and Measures Act. Authorized Service Providers don't have the authority to approve measuring instruments nor conduct complaint inspections.

New Zealand

Similar to Australia, MAPSS doesn't regulate the cryogenics industry and therefore doesn't accredit service companies to conduct inspections in this trade sector. They do, however, accredit service companies to conduct initial verification and periodic inspections in many other industries but like Australia these organizations don't have the authority to approve measuring devices or conduct complaint inspection.

United Kingdom

The NMO doesn't regulate cryogenics and therefore doesn't accredit organizations to conduct inspections in this industry. Other approved (Notified) government bodies such as the UK Health & Safety Executive legislates cryogenics, but their main concern is the safe handling of the product. In other industries Approved Verifiers (accredited organizations) do have the authority to conduct device inspections. These companies must implement and follow a QMS and must have certain traceable standards and competencies. They are regularly audited by Trading Standards Officers and the NMO and their accreditation status can be revoked if they fail to meet all the requirements of the Weights and Measures Act.

B) De-icing and anti-icing sub-sector

B1) Legislation

United States of America

There is a national weights and measures model that includes device inspections as well as commodities in the United States. This information can be found in the National Institute for Standards and Technology (NIST) Handbook 44 for devices and Handbook 133 for commodities. These model laws are not a mandatory national standard, however, states are encouraged to adopt them and the vast majority have. The two States contacted during this review: California and New York acknowledge use of the NIST hand books as the basis for their requirements. Although the United States of America and Canada have their own legislation relating to devices, they also participate in the development of international standards.

France

The minister responsible for industry produces decrees, orders, circulars etc. in which the metrological requirements for devices and the methods of application are written. Fundamental metrology in France is since January 2005 the responsibility of the Laboratoire National de Métrologie et d'Essais (LNE). Due to historical reason several national laboratories are involved in this activity. The LNE is a public body with commercial activities under the control of the Ministry in charge of Industry.

Responsibility for legal metrology is at central Government level. The Bureau de la Métrologie (BM) within the Regional Action, Quality and Industrial Security Directorate (DARQSI) is part of the ministry in charge of industry. The BM defines the general rules of legal metrology, prepares regulations, survey designated and notified bodies, co-ordinates metrological controls, market surveillance and the work done by the Directions Régionales de l'Industrie, de la Recherche et de l'Environnement (DRIRE), participates in European or international meetings (Commission, WELMEC, OIML).

Germany

It is the Physikalisch-Technische Bundesanstalt (PTB's) task to realize and disseminate the legal units, to approve measuring instrument types, to test standard instruments for the verification authorities and the state-approved test laboratories, and to give advice to the verification authorities and test laboratories. PTB is the federal authority responsible for legal metrology; it is not, however, a higher verification office. Verifications of measuring instruments are only carried out by the verification authorities of the 16 federal states. PTB and the verification authorities cooperate closely, for example, in the annual Plenary Assembly for Verification Matters and in the Legal Metrology Committee of the Federal Government and the federal states in which technical and legal recommendations are drawn up to adjust the legal regulations to the state of the art.

Australia

For many years Australia's trade measurement (Weights & Measures) regulatory responsibility fell under state and territory jurisdictions. On July 1st 2010, the National Measurement Institute (NMI), Australia's peak measurement body, inherited the responsibility of trade measurement nationally under the Uniform Trade Measurement Legislation (UTML). The NMI is a division of the Department of Innovation, Industry, Science and Research. Because of a year-round warm climate, de-icing is not required, so the NMI does not regulate this trade sector.

New Zealand

As a division of the Ministry of Consumer Affairs, Measurement and Product Safety Service (MAPSS) is responsible for trade measurement enforcement in all trade sectors under the authority of the Weights & Measures Act. Besides product safety responsibilities, their main duties include: spot checks of weighing and measuring equipment, checking the weight of packaged goods and investigating complaints by the public. MAPSS also accredits organizations and their technicians to conduct measurement inspections on their behalf. These accredited organizations must have a quality management system in place that meets all the requirements of the Weights and Measures legislation. In New Zealand the de-icing/anti-icing industry is very small. Only one airport conducts de-icing/anti-icing with the airlines having a contract with a few local ground service companies. These companies follow an industry code of practice and are regulated under the Fair Trading Act. This small industry isn't currently monitored by MAPSS unless a complaint is received.

United Kingdom

The National Measurement Office (NMO) is an Executive Agency of the Department for Business, Innovation and Skills. They work to ensure fair and accurate measurement during legal transactions by overseeing the enforcement the Weights and Measures Act. Their principal activity is preparing legislation under the Weights and Measures Act (1985) and the European Communities Act (1972). The NMO gives guidance to the Local Weights and Measures Authority (LWMA) and their Officers, to deliver local Weights and Measures enforcement throughout the United Kingdom (UK). The UK works in cooperation with it's European Union (EU) trading partners to harmonize legal metrology throughout Europe. Although the NMO regulates most trade sectors, it currently does not regulate the de-icing/anti-icing sector.

B2) Approvals

United States of America

Most trade measurement devices in the United States of America are subjected to the National Type Evaluation Program (NTEP). The NTEP is an evaluation program administered by the National Conference on Weights and Measures (NCWM). This program is funded through the fees paid by manufacturers and distributors of commercial weighing and measuring devices. Manufacturers, who wish to market their products in the United States, may be required to have their device evaluated by NTEP, in order to comply with certain state and/or local laws and regulations. Through 10 participating laboratories, the NTEP examines the design, features, operating characteristics and performance of weighing and measuring devices to ensure compliance with national requirements. Essentially, it provides a central evaluation process that satisfies the requirements for the rollout of measuring devices in all fifty states.

The United States does not have national legislation requiring trade devices to be subjected to a type approval process. Legislation for type approval is left up to state and/or local jurisdictions. The state of California and New York both require NTEP approvals on trade devices. There are mutual acceptance agreements of approval evaluation with Measurement Canada for a few device types. The USA is working toward expansion of mutual agreements with other countries as well.

State of California

Although not so much a concern in California, except for the northern parts of the state, de-icing/anti-icing measuring devices fall under state responsibility. California Law requires all commercial weighing, measuring, and counting devices to be approved prior to use in trade. California can also accept National Certificates of Conformance and is an authorized lab for the National Type Evaluation Program as well. As an authorized NTEP laboratory, they are also authorized to conduct USA/Canada Mutual Recognition Agreement testing on Type Evaluation for some scales and gas pumps.

State of New York

Up until now the State of New York has not seen a great deal of need for intervention in the de-icing/anti-icing sector, although it is seeing an increase of enquiries and request for the need of measuring devices (specially volume meters) which may lead to more regulation in the future. Most of the commercial devices utilized in nearly all trade sectors must be approved before being used in a commercial application. This approval is granted to the manufacturer or distributor of the device. Commercial devices must be capable of meeting the specifications and tolerances in NIST Handbook 44, which is adopted in New York Regulations. New York is a participating laboratory in the NTEP and is authorized to perform evaluations in the areas of scales and weighing devices. NTEP operates under the National Conference on Weights and Measures and provides one-stop shopping for manufacturer's to get approvals for the entire country. NTEP also has cooperative agreements with Canada to share test results.

France

All devices used in trade are required to be approved. Type approval evaluations are equivalent to the approval of measuring devices by Measurement Canada. They are conducted in France only by the LNE, a designated state organization. Only the LNE is accredited by the Comité Français de l'Accréditation (COFRAC) to approve measuring devices based on the NF EN 45011 standard. However, the LNE can consider the test results from the device manufacturers or from an independent laboratory. It should be noted that the device type approval certificate issued by another member state of the European Union is recognized by France and vice-versa.

Germany

All measuring instruments used in accordance with the Verification Act for measurements subject to legal control must be verified. If the approval test was a success, PTB issues an approval certificate for the applicant and lays down an approval mark which must be affixed conspicuously to all measuring instruments of this type.

The type approval of measuring instruments is among PTB's most important tasks assigned to it by law. About 20 laboratories work in this field in which PTB closely cooperates with the national metrology institutes of other states.

Australia

All measuring devices in Australia, including the devices in this sector, must be Pattern Approved (Type Approved) by an NMI Approval Specialists before being used in trade. Due to Australia's warm climate, the de-icing/anti-icing industry doesn't exist and therefore the NMI has never been asked to approve a de-icing or anti-icing measuring device.

New Zealand

All trade measuring devices used in New Zealand must be approved before being used in trade. Due to the warm climate this industry is very small with only one airport conducting de-icing. There are no de-icing/anti-icing device manufacturers in New Zealand. If MAPSS is asked to approve a device they aren't familiar with, they contact their Australian counterparts who have a much larger approvals/calibrations lab that can handle more complex and unique devices. For many devices, MAPSS will accept approvals from other countries as long as they followed OIML procedures and the device comes with an OIML certificate.

United Kingdom

Apart from simple weights and measures and simple weighing instruments, all devices subject to legal metrology control require type approval prior to initial verification and use in trade. The National Measurement Office (NMO) is recognized as a Notified Body (Accredited Organization) and is responsible for the majority of device approvals. For unique or complex instruments, or if facilities are not available on the NMO site, approval testing may be contracted to a specialised laboratory. Only labs recognized as a Notified Body by UKAS (United Kingdom Accreditation Service) may conduct approval testing. Currently the NMO doesn't regulate the de-icing/anti-icing industry and doesn't approve measuring devices used in this industry.

B3) Initial inspections

United States of America

There are no national requirement for initial inspections on trade devices in the United States. Individual state weights and measures regulators who have elected to have such a requirement have included it in their respective legislation.

State of California

The Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the State of California. As in all trade sectors, the de-icing/anti-icing sector requires the inspection of a trade device prior to it's use. Weights and Measures laws are jointly enforced by the state and the county departments of weights and measures.

State of New York

Currently it is not a common practice to conduct inspection on measuring devices in the de-icing/anti-icing sector. The Department of Agriculture and Markets is responsible for most weights and measures commercial devices in all sectors including this one. No mandatory initial inspection is required prior to use, however, devices must be NTEP approved and must meet Handbook 44 requirements. It would be up to the state to enforce laws relating to this sector. Licenced service companies are allowed to install trade devices following manufacturers instructions and procedures and are required to meet NIST HB44 tolerances and specifications. An inspection by a state inspector is to occur within one to two years of installation.

France

An initial verification is for the most part the equivalent to the initial inspection in Canada. It is required to be done before the device is used. It is also necessary following the repair of a device whenever a metrological function is in question.

National initial verification is performed by designated independent bodies or by approval of the quality system of a manufacturer or the repairer. The manufacturer or the repairer must obtain a quality system certificate of approval and an implementation certificate for a quality management system based on ISO9001:2000 administered by the LNE in order to perform verifications themselves. Failing that, they have to hire another manufacturer or repairer that has this capability. In fields where there is not yet a designated body, DRIRE inspectors perform initial verifications. Since 2001 initial verification of many categories of measuring instruments are performed by private bodies designated by the ministry.

Germany

For initial verifications (inspections) the manufacturer must present every individual instrument to the competent verification authority where it is checked whether the instrument submitted is in compliance with the Verification Ordinance and PTB type approval or, in the case of generally approved measuring instruments, with the generally accepted rules of technology. In addition, the instrument must be in compliance with the maximum permissible errors stipulated in the Verification Ordinance. To ensure uniformity in the various federal states, the verification authorities accomplish their tasks in close technical cooperation with PTB.

Australia

Generally speaking, all devices used in trade must be initially verified before being used in trade, but since Australia doesn't have a de-icing or anti-icing industry NMI have never conducted an initial inspections on any measuring devices in this trade sector.

New Zealand

All measuring devices are required to be initially verified before being used in trade. Most initial inspections are performed by accredited organizations, not by MAPSS inspectors. In New Zealand the de-icing/anti-icing industry is very small and MAPSS doesn't inspect devices in this trade sector and would have to rely on their National Measurement Lab to inspect it or contact the Australian Weights & Measures authority and ask them to test it. Companies involved in this industry follow an Industry Code of Practice and are regulated by the Fair Trading Act.

United Kingdom

Before being used in trade, all weighing and measuring instruments must be initially verified. For many years only Local Weights and Measures Authorities (LWMA) trading standards officers could conduct initial verifications. Following amendments to the Weights and Measures Act (1985), a self verification system was introduced for manufacturers, installers and repair agencies so they could become Approved Verifiers (AVs). AVs have the authority to inspect their own devices. These companies must have an appropriate quality management system in place and are regularly monitored by Trading Standards Officers for compliance with the Weights and Measures Act. Depending on the device type and installation requirements, these initial verification inspections may be performed on site, at the manufacturers premises or at local authority premises. The NMO doesn't regulate the de-icing/anti-icing industry and therefore doesn't conduct initial verifications in this trade sector.

B4) Periodic (subsequent) inspections

Unites States of America

There is currently no federal legislation in the USA requiring mandatory periodic inspections of trade devices, however many state regulatory bodies specify intervals between device tests. Inspections are typically established in a pattern similar to that for test weights. Some states evaluate device performance through history performance and stability.

State of California

State law and regulations require most commercial devices, in trade sectors to have annual inspections. Although not common, this would also apply to scales and meters utilized in the de-icing/anti-icing sector. As a general rule the inspections are done by the local county office of weights and measures using state mandated tolerances and testing procedures. More frequent tests may be conducted if requested by the device user in a complaint investigation or on the initiative of a weights and measures official. There are procedures for alternative inspection frequencies based on a county department's resources and staffing. California also uses a system of weighmasters to ensure fair measurement. Weighmaster certificates are used as the basis to buy or sell the product identified on the certificate or to charge for a service based on the quantity on the certificate (i.e., moving household goods). The State ensures that commercial transactions, based on quantities certified on a weighmaster certificates are accurate. Individuals or firms who weigh, measure, or count bulk products and issue certificates of accuracy of the weight, measure, or count are licensed and qualified. Program activities include:

• Re-weighing of vehicles and containers to verify the net weight statements on weighmaster certificates.
• Conducting routine and spot inspections of establishments involved in bulk sales through the use of undercover sales or purchases of products.
• Investigating complaints alleging fraudulent use or misuse of weighmaster certificates.

This program is funded by license fees collected from the regulated industries. There are approximately 90 different types of industries that are licensed by the program. The use of these certificates to buy and sell products represents over 78 billion dollars per year in California's economy.

State of New York

Currently, inspections in the de-icing/anti-icing sector are not common and/or not enforced. Generally speaking, most commercially used measuring devices and accessories shall be inspected and tested for accuracy at least once a year. Performance history and available resources may alter the inspection frequency. The de-icing/anti-icing sector is basically left to self regulation. For now, enforcement of state law in this sector is only applied in cases where intervention is needed by State Weights and Measures.

France

The owner of a measuring instrument used for trade measurement is responsible for requesting a periodic inspection of the instrument by the manufacturer or the repairer of their choice. There is currently no regulated mandatory periodic inspection for devices used in this sector, however scales must be inspected every year. In certain cases, the LNE or the DRIRE network can conduct the periodic verifications. These requirements apply to this trade sector. Tasks have been widely contracted out to private organisations complying with EN 17020 criteria and having traceable metrological standards and competence. Evidence of accreditation by COFRAC, the national accreditation body for testing laboratories, or equivalent accreditation, is also generally sought.

Germany

Verifications of measuring instruments are only carried out by the verification authorities of the 16 federal states, however the PTB and the verification authorities cooperate closely. For example, in the annual Plenary Assembly for Verification Matters and in the Legal Metrology Committee of the Federal Government and the federal states in which technical and legal recommendations are drawn up to adjust the legal regulations to the state of the art. The validity of verification is 6 years if the product is measured with a meter and 2 years if measuring the product on a scale. A mandatory reverification system operates and a fee is charged for each reverification.

Australia

As with initial inspections, the NMI does not conducted periodic inspections on measuring devices in this trade sector. Due to Australia's year-round warm climate this sector does not exist.

New Zealand

The de-icing/anti-icing industry is very small in New Zealand and MAPSS does not conduct periodic inspections on measuring devices in this trade sector. Only one airport conducts de-icing and the parties involved are regulated by the Fair Trade Act.

United Kingdom

Periodic random inspections (market surveillance) in many trade sectors, are performed by Trading Standards Officers under the authority of the Weights and Measures Act. Except for when a device is repaired or modified, there are no mandatory periods of re-inspection on any instrument under the current legislation, although the government is considering it. The NMO doesn't regulate nor conduct periodic inspections in the de-icing/anti-icing trade sector.

B5) Physical test standards

United States of America

Calibration and certification of physical standards are accomplished by either state or private industry accredited laboratories. The National Voluntary Laboratory Accreditation Program (NAVLAP) is the accreditation body responsible for traceability of standards and is administered by NIST. The scope of the accredited laboratories may be viewed on the NIST web site. Although there is no longer an NIST specified mandatory calibration period for the physical standards, some states have chosen to specify a calibration period in their own state legislation. NIST requires that standards be verified upon their initial receipt and as often thereafter as deemed necessary by the Director. They must be maintained within tolerances. Most of the states incorporate cost recovery fees on the certification of standards.

State of California

California weights and measures standards, including standards used by the county offices of weights and measures are traceable to NIST through NAVLAP accredited laboratories. County sealers or service agencies must have their standards certified as frequently deemed necessary by the Director. (B&P Code defines the Director as the Secretary of Food and Agriculture) The Director can extend the re-certification interval up to 10 years based on statistical data, but in the absence of such data the standards shall be certified at least every two years. For Service Agencies, the frequency is based on the Field Reference Manual (California Code of Regulations Title 4, Division 9). Section 4086 requires their standards to be certified and their frequency requirements (determined by the Department of Food and Agriculture) are the same as the county requirements stated above.

State of New York

The State Bureau Laboratory maintains the state standards of mass, volume, length, and temperature. All are maintained accurate and traceable to the National Standards maintained by NIST. The laboratory has a defined quality system that is designed to assure the quality of all measurement services. The laboratory is accredited by NAVLAP to ISO Guide 17025 standards for most of the calibration services offered. State standards must be inspected and certified within a period of five years and not less than two years for city and county owned standards. Typically one year for private service companies. Physical standards are to be certified by their state laboratories or by a recognized laboratory.

France

Production and calibration of standards requires accreditation by the COFRAC which also controls the chain of calibration (traceability). The LNE and private laboratories operating in this area are audited annually by COFRAC using the standard NF EN ISO/CEI 17025 v2005 report. The LNE retains France's national physical test standards and these standards are required to be calibrated every year.

Germany

The PTB is the highest technical metrology authority in Germany, accountable to the Federal Ministry of Economics. As a governmental institute of physics and metrology the PTB establishes the basis for scientific, industrial and legal metrology. The Eichgesetz (Verification Act) provides traceability of the reference standards used by the federal states verification authorities to PTB national standards.

Australia

All of Australia's top level measurement standards are maintained by the NMI and are compared to working level standards used by inspectors and private companies to conduct inspections and calibrations on devices. The NMI calibration lab is accredited to the ISO/IEC 17025 specification and their primary standards are traced back to OIML's international standards in France. The NMI also appoints private labs, who are accredited to ISO/IEC 17025, to calibrate measurement standards but they must be capable of calibrating the appropriate standard and are frequently audited by the NMI to ensure they maintain their capability. Currently the NMI doesn't regulate the de-icing and anti-icing sector and therefore does have any physical test standards.

New Zealand

The MAPSS laboratory controls and maintains New Zealand's top level measurement standards of mass, volume and length. New Zealand's National Measurement Lab and other ISO 17025 accredited labs, maintain and calibrate other measurement standards ie. pressure, time, etc. These standards are then used to calibrate other laboratory and field measurement standards used to inspect and calibrate weighing and measuring devices. New Zealand traces it's national measurement standards back to OIML's international measurement standards located in France. Currently New Zealand doesn't regulate this sector and therefore does not have measuring standards directly related to de-icing/anti-icing measuring devices.

United Kingdom

The National Measurement System (NMS) is the United Kingdom's national infrastructure of measurement laboratories and maintains the highest level of traceable measurement standards for use in trade, industry, academia and government. These standards are traced back to international measurement standards. Within the United Kingdom the NWML (National Weights and Measures Laboratory), a division of the NMO, maintains the level II standards of mass, length and volume. This accredited lab calibrates working level measurement standards used by Trading Standards Officers and Notified Bodies (Accredited Organizations) to inspect devices used in many trade sectors. Currently the NMO doesn't regulate the de-icing/anti-icing trade sector.

B6) Net Quantity (Commodity) Inspections

United States of America

The standards for packaged commodities are set in National Institute of Standards and Technology Handbook 133. Handbook 133 contains test procedures and allowances used to evaluate conformance with net contents requirements and is a national standard. This publication is also a product of the National Conference on Weights and Measures. Packaged commodities must meet two general requirements: first, the average of the net contents of a lot must equal the labelled quantity, and second, no individual package may be unreasonably below the label quantity. A weigh master's certificate is required for some specific commodities.

State of California

In California, quantity verification inspections are performed by both the state and the county offices of weights and measures using Handbook 133 test methods. The Federal Packaging and Labeling Act is enforced by California weights and measures officials. Bulk commodities transported on large trucks and purchased or sold based on weighmaster certificates also have the quantities listed on them and are also verified for accuracy.

State of New York

Thousands of different packaged commodities including those packed at the retail store and those packed at factories are inspected regularly. The Bureau operates several special programs for devices not tested by local officials. The Bureau of Weights and Measures annually licenses about 3,000 individuals to certify the accuracy of shipments of bulk commodities like feed and fertilizer.

Weighmasters form an important network of responsible citizens that facilitate the fair exchange of commodities in the State. Any individual so licensed is charged to accurately weigh bulk shipments of commodities and issue a certified weight ticket for the shipment bearing their signature and license number. The certified weight ticket provides assurance that the weight is fair and accurate.

In particular, any company that sells products like coal, feed for domestic animals, fertilizer and lime must provide the buyer with a certified weight ticket issued by a licensed weighmaster. Any transporter of those commodities, or of household goods being shipped by weight, must have a certified weight ticket in his/her possession when on the public highways. The law does not cover transportation involving whole rail cars or ships. Some companies that sell or transport other commodities may also choose to employ weighmasters to certify weights and issue weight tickets. The Bureau also licenses these individuals. The Bureau issues licenses to private citizens to act as public weighers and certify that shipments of bulk commodities are accurately weighed or measured. Many other states also license weighmasters. New York will recognize the weight ticket issued by licensed weighmasters in other states on a reciprocal basis. This is particularly helpful in interstate moving of household belongings. Undercover tests by state officials are conducted by pre-weighing of shipped commodities to test the system.

France

It is the Direction générale de la concurrence, de la consommation et de la répression des fraudes that is responsible for the monitoring of production, including periodical control, degree of control and evaluation of total quality control system.

Germany

Officials are responsible for performing reference tests in relation to average quantity pre-packaged goods. These tests are conducted in accordance with frequency periods set by law and generally are expected to be tested at least once a year. Officials will visit locations unannounced and a fee is charged for the task, the amount depending upon the number of packages and lines tested, and the time spent on site. Generally the fee will amount to between €75 and €400.

Australia

In Australia the de-icing/anti-icing industry is almost non-existent due to a year-round warm climate, therefore the NMI doesn't regulate nor conduct net quantity (commodity) inspections in this sector. Commodity inspections and trial test purchases are conducted in many other trade sectors.

New Zealand

MAPSS doesn't conduct any routine surveillance nor net quantity inspections in the de-icing/anti-icing industry but would respond to a complaint. Due to the year-round warm climate, the de-icing/anti-icing industry is extremely small with only one airport conducting this practice. The de-icing company and the airline agree to a Service Contract as opposed to charging for the amount of product used. Service agreements are regulated under the Fair Trade Act.

United Kingdom

The NMO doesn't regulate nor conduct net quantity inspections in the de-icing/anti-icing industry. Trading Standards Officers from LWMA will investigate a measurement related complaint.

B7) Complaints

United States of America

No set national protocol exists for the handling of device complaints in the USA. Complaints are generally handled by state or local weights and measures authorities.

State of California

Complaints may be filed with either the state or local county office of weights and measures. The county offices usually handle the short measure or weight complaints and verify that the device that was used is accurate. The state assists when special equipment or expertise is needed. There are a number of ways enforcement is carried out and penalties are assessed when necessary. Typically it is progressive and the bottom line is to gain compliance. Enforcement ranges from a verbal or written warning, i.e., a Notice of Violation, to a Notice of Proposed Action, i.e., an administrative civil penalty. Also used is direct court criminal citations, criminal filings presented to a District Attorneys, civil actions for unfair business practices and/or unfair competition and/or false and misleading advertising.

State of New York

As with most other states, New York receives complaints by phone, fax, email, and web site. Complaints are investigated by State Inspectors as soon as possible and are viewed as a priority. Enforcement action is also a priority and carried out when complaints are justified.

France

The DRIRE will perform an inspection on a complaint on the point of use, sale or shipment of a device. If the device does not meet the regulation the DRIRE will take action. Use of false or inaccurate instruments or the giving of short measure are criminal offences punishable by fine or imprisonment and subject to the jurisdiction of the courts. This service is free. The French government does not have private partners to conduct these controls.

Germany

State and local verification officials are engaged in providing consumer protection service to legal metrology. They will advise businesses on legal requirements and EN ISO 9000 matters and will investigate consumer complaints about inaccurate equipment. Penalties for non-compliance range from fines, secure of devices, to criminal charges.

Australia

The NMI would conduct complaint inspections in this trade sector if asked, but as of now a de-icing/anti-icing industry doesn't exist in Australia due to their year-round warm climate. Complaints are investigated regularly in many other trade sectors by government inspectors. Licensed (accredited) organizations don't have this authority.

New Zealand

MAPSS inspectors investigate all measurement related complaints themselves; they are never done by a private or accredited organization. Due to the small size of the de-icing/anti-icing industry in New Zealand, MAPSS has never conducted a complaint inspection on any devices but would if a complaint was registered.

United Kingdom

The National Measurement Office (NMO) and their department doesn't directly deal with individual consumer enquiries or complaints. Consumers must contact Consumer Direct or their Local Weights and Measures Authority Trading Standards Department to submit a weights and measures complaint. A government inspector from the responsible department will be assigned to investigate and inspect the instrument under question. If the complaint is found to be valid, infringements are dealt with either by the Officer on site or possibly through prosecution in a court of law. Depending on the circumstances, penalties may range from a verbal or written warning, to a court imposed fine, to the device being rejected, seized or forfeited. Approved Verifiers do not have the authority to conduct complaint inspections. Although the NMO investigates measurement complaints in many trade sectors, they currently don't regulate the de-icing/anti-icing industry.

B8) Authorized Service Providers

United States of America

State of California

In California service agencies, which employ service agents, are registered by the state and pay an annual registration fee to carry out inspection services. Service agents must pass a written test administered by the state for their original service agent's license and renew it every five years by written testing. Information can be found for the Registered Service Agencies/Service Agents at the following link: California Department of Food and Agriculture – Division of Measurement Standards. California also has a weighmaster program in place.

State of New York

There are no programs in place to allow private companies to conduct inspections on behalf on the state weighmasters program. The Bureau of Weights and Measures annually licenses about 3,000 individuals to certify the accuracy of shipments of bulk commodities like feed and fertilizer. Weighmasters form an important network of responsible citizens that facilitate the fair exchange of commodities in the State. Any individual so licensed is charged to accurately weigh bulk shipments of commodities and issue a certified weight ticket for the shipment bearing their signature and license number. The certified weight ticket provides assurance that the weight is fair and accurate.

France

Inspections have been widely contracted out to private organisations complying with EN 17020 criteria and having traceable metrological standards and competence. Evidence of accreditation by COFRAC, the national accreditation body for testing laboratories, or equivalent accreditation, is also generally sought.

Initial verifications are performed by designated independent bodies or by approval of a manufacturer's or repairer's quality system. The manufacturer or the repairer must obtain a quality system certificate of approval and an implementation certificate for a quality management system based on ISO9001:2000 administered by the LNE in order to do the verification themselves. Failing that, they have to hire another manufacturer or repairer that has this capability. In fields where there is not yet a designated body, DRIRE inspectors perform initial verifications. Since 2001 initial verification of many categories of measuring instruments are performed by private bodies designated by the ministry.

France has a comprehensive national quality assurance accreditation structure in place. Accreditation of testing laboratories is by COFRAC. Several bodies accredited by COFRAC as Certification bodies provide quality systems third party certifications.

Germany

State accredited test laboratories in the private sector perform verification work and employ 220 scientists, 120 engineers, and 180 technicians. These labs are supervised and examined for competence by the State Verification Authority. About 30 engineers of the Verification Offices are trained in quality assurance systems management. An Assessors qualifications are maintained through supervision and auditing of accredited laboratories.

Australia

Although the NMI does license companies to conduct inspections in other trade sectors, the de-icing/anti-icing industry doesn't exist in Australia due to the year-round warm climate.

Licensee's must follow a QMS and have the appropriate skills and standards. They can't approve devices or conduct complaint inspections and are audited regularly by the NMI for compliance with the Weights and Measures requirements.

New Zealand

MAPSS doesn't regulate de-icing/anti-icing and therefore doesn't accredit companies to do inspections on measuring devices in this industry.

In other trade sectors Accredited Person's can conduct initial and re-verification inspections, but do not have the authority to handle complaints or approve devices. These companies must implement a Quality Management System and have the appropriate skills and standards to meet the requirements of the Weights and Measures Act. They are frequently audited for compliance and their accreditation status can be revoked by MAPSS if they fail to comply with all the requirements.

United Kingdom

Since the NMO doesn't regulate this industry, they don't license or accredit companies to do inspections on their behalf.

In other trade sectors AVs can conduct inspections on measuring instruments but can't approve devices or handle complaints. They must have a QMS and the standards and competencies that allow them to meet the requirements of the Weights and Measures Act. They are audited by the NMO and Trading Standards Officers and may lose their Verifier's status if they fail to meet any of the requirements.

Appendix V – Chemical products compliance reports for the period 2003 - 2008

Excerpt from the chemical trade sector review discussion paper, as no compliance information exists specifically for the cryogenic and the de-icing and anti-icing sub-sectors.

Devices Inspection Types: Random Inspections by Measurement Canada

Measurement compliance rate = (Number of devices that were found to be measuring accurately / Number of devices inspected) x 100%

The compliance rates are based on a tolerance of approximately 0.1% of certified test standards (i.e. ~ 10 kg on 10000 kg of certified test standards) or one scale graduation and 0.25% for the meters.

Devices	# of Devices Inspected	# that were measuring accurately	Compliance Rate % (measurement)	# that were removed from service due to measurement errors
Note: Where there are less than ten devices inspected, the compliance rate is not indicative of the sectors compliance.
Computing Scales	68	58	94.12%	0
Platform Scales (5 - 125 kg)	110	78	85.45%	1
Platform Scales (125 - 1000 kg)	125	92	82.40%	0
Platform Scales (>1000 kg)	235	115	63.83%	3
Hopper Scales (0 - 10000 kg)	592	223	47.80%	32
Hopper Scales (>10000 kg)	191	100	60.73%	9
On-board weighing systems	162	104	69.14%	5
Vehicle Scales	515	303	66.21%	16
Railway Track Scales	76	43	64.47%	3
Bulk meters	176	55	36.93%	9
Rack meters	26	5	19.23%	2
Truck meters	128	35	35.16%	7
Mass flow meters	45	19	75.56%	2
Magnetic flow meters	0	0	0	0
Totals	2535	1263	59.09%	190

Commodities

Compliance rate = (Number of lots of product that pass inspection / Number of lots inspected) x 100%

The commodity table shows the compliance rate for Measurement Canada net quantity inspections of packaged chemical products. It shows the number of lots of different types of prepackaged product selected, the total number of packages that made up the lots, the cumulative sample size, the compliance rate for net content and labelling and the overall compliance rate.

(2003 - 2008) Measurement Canada Net Quantity Inspections – Chemical Products Sector

Products	Number of Lots	Total lot size	Sample size	Lot Compliance Rate
				Content	Labelling	Overall
Note: Where there are less than ten lots inspected, the compliance rate is not indicative of the sectors compliance.
Acids	4	199	55	50%	50%	25%
Cleaning supplies	803	70253	9608	88%	56%	49%
Personal hygiene	46	1852	1077	75%	52%	39%
Cleaning supplies for textiles	44	1336	468	89%	41%	36%
Chemical compounds	131	11281	1746	78%	91%	71%
Gases	5	629	59	60%	100%	60%
Solvents	173	7688	2298	85%	87%	75%
Other Chemicals	30	1991	715	71%	93%	67%

Appendix VI – Glossary of terms

The following is a list of terms used in this discussion paper, and their meanings.

Alternative Service Delivery (ASD) mechanisms

Provision of public services through arrangements other than the traditional departmental structure. Under these programs, qualified organizations are authorized to deliver services on Measurement Canada's behalf.

Examples of Measurement Canada's ASD mechanisms:

• Measurement Canada's Accreditation Program - allows organizations to be granted the authority to inspect and certify weighing and measuring trade devices, provided that they implement a quality assurance program based on Measurement Canada's S-A-01 standard and comply with all aspects of the program. These arrangements are subject to audit by Measurement Canada.
• Measurement Canada's Registration Program - allows organizations to be granted the authority to inspect and certify weighing and measuring trade devices without the requirement to implement a quality assurance program. The organization however must comply with the requirements of the Registration Program and Measurement Canada legislation. Measurement Canada monitors registered organizations and recognized technicians, on a regular basis, through meetings, follow-up inspections and witness inspections.

• Delegation of Authorities Program - This program authorizes organizations to calibrate and certify certain measurement standards, measuring apparatus and test equipment on behalf of Measurement Canada. The program scope is presently limited to the calibration and re-certification of electricity meter calibration consoles and the calibration and certification of pressure, temperature and dimensional standards used in the natural gas cryogenic, de-icing and anti-icing sub-sectors.
• Recognition of Calibration Results from CLAS Type I Laboratories Program - This program allows Measurement Canada to consider CLAS certified Type I Laboratories calibration results in order for the Minister to designate as a local standard any standard that has been calibrated and certified in relation to a reference standard as accurate within prescribed tolerances. The program's scope is presently limited to mass standards.

Approval

Mandatory evaluation, before a device design or model may be sold as "Legal for Trade" in Canada. Prototype measuring instruments intended for trade use are evaluated for compliance with legislated requirements to ensure they are capable of measuring accurately, under normal conditions of use, throughout their service lifetime. Once approved, an approval number is issued authorizing the use of the device type for "Legal for Trade" use in Canada.

Weights and Measures approval numbers may be found on the device and will generally be in the format of SWA-XXXX or AM-XXXX. Once approved, the device may be initially inspected before used in trade. [See Initial Inspection]

Calibration

Comparison between a measuring device of unknown accuracy to a known measuring standard in order to detect or eliminate by adjustment any variation from the required performance limits of the measuring device.

Certify

To attest and document the acceptability of a device or measuring standard compared to specified requirements. This is usually done by Measurement Canada inspectors or organizations authorized to certify devices on behalf of Measurement Canada.

Consensus

General agreement among stakeholders with the proposed recommendation(s). Unanimous agreement is not required.

Initial inspection

Mandatory first inspection of an individual device before it may be placed into trade service. This inspection ensures that the device is installed and measuring correctly.

Legal metrology

Science of measurement in legal trade transactions.

Level of intervention

Amount of government involvement in regulating an industry to ensure fair and equitable trade measurement.

MC

Measurement Canada, an Agency of the Federal Department of Industry Canada, administers and enforces the Weights and Measures Act and the Electricity and Gas Inspection Act.

NIST

National Institute of Standards and Technology (USA)

NRC

National Research Council (Canada)

NTEP

National Type Evaluation Program (USA)

Periodic certification

Subsequent inspection program, instituted where devices are inspected and certified at specified periods.

Pre-packaged Commodities

Commodities packaged and labelled with the net quantity statement before being offered for sale.

S-A-01

Criteria for the Accreditation of Organizations to Perform Inspections Pursuant to the Electricity and Gas Inspection Act and the Weights and Measures Act.

Standards (physical)

Actual test equipment, i.e., test weights, usually calibrated or referenced to a national physical standard that is used to test trade measurement devices.

Standards (written)

Refers to written technical specifications, procedures and policies.

Subsequent inspection

Inspection of a trade measuring device after the initial inspection and usually after the device is used in trade. This inspection could be random, periodic or requested by the device owner.

Traceable/traceability

Step by step accountability of a calibration of a standard or device back to a reference standard. Test weights may be traceable to the international prototype kilogram held in Sèvres, France. Metric weights in Canada are traceable to the Canadian one kilogram standard MR-1, which in turn is traceable to the international prototype.

Trade

Selling, purchasing, exchanging, consigning, leasing or providing of any commodity, right, facility or service on the basis of measure and includes the business of providing facilities for measuring.

Trade Sector Review (TSR)

Process whereby Measurement Canada reviews and assesses its services provided to the marketplace to ensure their relevancy to the needs of the sectors stakeholders.

Vulnerable party

Party who is the purchaser or seller of a product and who does not own or control the measurement equipment used in the transaction. The degree of vulnerability may vary from nil to high depending upon the capacity and ability of the vulnerable party to detect measurement errors, to re-measure the product and to have corrective measures taken where appropriate.