As Sealer of Weights and Measures, the Auditor acts in concert with both the Ohio Department of Agriculture - Weights & Measures Division (ODA/W&M), and the National Institute of Standards and Technology (NIST). {Note: NIST was formerly known as the National Bureau of Standards (NBS).} The Auditor is responsible for the inspection, testing and sealing of all devices used in retail trade that weigh or measure. The Auditor is also responsible for inspecting retail package labeling and price verification systems (scanners). All inspections must be conducted in conformance with the procedures and tolerances specified by State law and Federal regulation. The primary sources for these procedures and tolerances are found in:

NBS Publication 133 - "Checking the Net Contents of Packaged Goods" NIST Handbook 44 - "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices" Ohio NTEP Handbook - Certificates of Conformance (with Updates) ODA-W&M Examination Procedures Outlines Handbook

The Auditor must maintain several sets of test standards. The ODA-W&M supplies a recommended minimum number and types of standards for the Auditor’s use. These Standards include various certified weights, liquid measures, volumetric measures, scales (both mechanical and electronic), timers, and tape measures. Each standard must meet the same minimum requirements for tolerances and specifications as the devices used by retailers. The ODA-W&M, as a certified National Type Evaluation Program (NTEP) Laboratory, tests and certifies the Auditor’s standards periodically. Failure by any standard to meet the minimum tolerances results in the standard being rejected for use. The Auditor must then either repair or replace the standard and then resubmit it to the NTEP Laboratory.

Most devices used in retail trade must meet certain minimum standards and possess an NTEP Certificate of Conformance (COC) as of March 1, 1991 (§901:6-2-01 OAC). Examples of the devices needing a COC are retail motor fuel dispensers, shipping scales, bench and counter scales, vehicle scales, computing scales, and electronic cash registers when used as part of a point-of-sale system. This certificate is obtained by the device manufacturer after submitting the device to an NTEP Laboratory for testing. If a device is required to have a COC but does not have a COC, it cannot be used in retail trade.

The Auditor has the authority to accept, reject, or condemn any device or product that does not meet the tolerances specified by law. This includes the physical removal of the devices or products from the premises of the retail establishment. Should the Auditor remove any nonconforming devices or products, he must safeguard them from any possible corruption or deterioration as they may be entered into a court of law as evidentiary matter. The Auditor also may close a retailer or prevent it from commencing retail business if it fails to use NTEP certified devices.

For certain inspections, the Auditor will work directly with the ODA-W&M Inspectors. These inspections usually involve large capacity (vehicle) scales, special investigations, railcar scales, compressed natural gas (CNG) and liquefied petroleum (LP) gas dealers, and hopper scales. These inspections are performed by the ODA/W&M partially because the cost of the test standards is prohibitive to counties.

The Auditor’s inspectors are required by the Ohio Administrative Code, §901:6-9-01, to meet certain minimum training requirements. The failure by the Auditor’s inspectors to meet and maintain these minimum training requirements could result in all inspections performed by the noncomplying inspector being declared null and void.