Source: PEI Journal | Written by Don Onwiler
DEF: A WEIGHTS AND MEASURES PERSPECTIVE
As Diesel Exhaust Fluid (DEF) enters the marketplace, industries are working closely with federal regulatory agencies to ensure a smooth introduction. Industry professionals must also be aware of the state and local weights and measures oversight. Simply put, weights and measures agencies have authority over any transactions where commodities are sold by weight, measure or count. This includes DEF.
The National Conference onWeights and Measures (NCWM) develops the regulatory standards that are adopted by states for enforcement. To fulfill this responsibility, NCWM draws on the expertise of regulators, manufacturers, retailers, federal agencies and all other interested parties. The standards are amended at the NCWM Annual Meeting each July, and then published in NIST Handbooks 44, 130, & 133. NCWM also administers the National Type Evaluation Program (NTEP). Forty-six states require weighing and measuring devices used in commerce to be traceable to a NTEP Certificate of Conformance.
Early indications are that DEF product will be offered by retailers in two basic methods: prepackaged or from bulk supply through a meter. This article will clarify, in basic terms, the weights and measures regulations for both methods of marketing.
PREPACKAGED PRODUCT
With a prepackaged product, two factors are paramount: method of sale and labeling.
Method of Sale. The model Weights & Measures Law in NIST Handbook 130 states, “Except as otherwise provided by the director or by firmly established trade custom and practice, commodities sold in liquid form shall be sold by liquid measure or by weight….” Since this commodity will be metered from bulk by volume, it stands to reason that it should also be sold in package form by volume, not by weight. I know it seems obvious, but stranger things have happened.
Labeling. The Packaging and Labeling regulation in NIST Handbook 130 specifies requirements for three main elements on package labels. The first two—identity of the commodity and declaration of net quantity—are to be placed on the principal display panel, which is the side of the package designed for display to the customer. The third element is the responsibility statement, which is simply the name and address of the company responsible for the package. This can be placed in any location on the package. There is a great deal more detail in these requirements, so I urge you to contact your weights and measures authority to ensure full satisfaction of the requirements before mass
producing any labels.
Finally, weights and measures officials may check your packaged product to ensure the package contains the amount listed on the label. The first requirement is that the packages must meet or exceed the labeled quantity on average. This would allow some packages to be over-packed and some under-packed as long as the average is okay. The second rule is that no single package shall be unreasonably under-packed. Specific criteria and the test procedures for checking net content of packages are found in NIST Handbook 133.
The actions taken by weights and measures officials when packages are in violation of these regulations will vary from one jurisdiction to another. Some will order product to be removed from sale. Others will levy fines. The requirements are not hard to meet. Packagers that are well informed and conscientious will avoid costly problems later.
METERED FROM BULK
You probably know that weights and measures officials inspect gasoline and diesel dispensers at retail. Did you know they actually have authority to inspect any meter used for buying and selling commodities? As metering systems are placed into service for DEF, there are some simple guidelines to follow to achieve compliance and avoid surprises.
Most states require scales and meters to be traceable to an NTEP Certificate of Conformance issued by NCWM. That certificate provides assurance that the manufacturer has successfully submitted a similar device from that model family for thorough evaluation against U.S. standards as outlined in NCWM Publication 14—Technical Policies, Checklists, and Test Procedures. Every meter submitted for evaluation is “permanence tested” to determine the instrument’s endurance under normal use.
For complete dispensing systems installed on an island, similar to retail motor-fuel dispensers, the NTEP Certificate of Conformance is issued for the complete dispensing system. However, some retailers may prefer to purchase DEF in large totes and simply install a meter on the tote. In this scenario, the meter and the register each are required to have NTEP
certification.
NTEP Certificates will tell you what products the meter is certi ed to measure and the range of acceptable ow rates. For the former, NTEP uses a system of product families. DEF falls into the “Clear Liquid Fertilizers” product family. The NTEP Certi cate might mention this general product family, or it may speci cally state “urea” or “Diesel Exhaust Fluid.” If a Certi cate of Conformance does not specify that a meter is certi ed for measuring these products, then the meter is not considered suitable for sales of DEF.
As with any meter purchase, the buyer is advised to contact the weights and measures authority prior to purchase to ensure the device is certi ed and suitable for the intended use. A quick phone call can save many headaches for the retailer. You have complete access to NCWM’s searchable online database of NTEP Certi cates of Conformance at www.ncwm.net.
NTEP will not be a barrier to implementation of DEF in the market. Our authorized laboratories are fully prepared to perform the evaluations and issue certi cates. However, we cannot disclose information pertaining to applicants or equipment undergoing National Type Evaluation without the manufacturer’s written consent. If no issues are encountered in the evaluation process, we estimate a minimum of six weeks from application to NTEP and issuance of a Certi cate of Conformance.
One hurdle remains: What will the inspector do with product dispensed during a eld test? Motor fuel is traditionally returned to storage. That isn’t an option for DEF. The risk of contamination is too great. Over the coming months we will look to industry experts and retailers to assist in developing appropriate options. This topic is also slated for discussion at NCWM’s 94th Annual Meeting in July in San Antonio, Texas.
Don Onwiler is Executive Director of the National Conference onWeights & Measures
