Weights and Measures

Yes. Sections 531.60–531.66, Florida Statutes, require users of weighing and measuring devices to have a permit issued by FDACS prior to using the devices in commerce.

Information about obtaining a permit can be found by calling (850) 921-1590.

If your business buys or sells any commodity or service by weight, you are required to have an approved, "legal-for-trade" device on which to conduct sales by weight. Additionally, if any award is based on weight, approved legal-for-trade commercial scales are required.

A "legal-for-trade" scale is one that meets the requirements of National Institute of Standards and Technology (NIST) Handbook 44, 2006 Edition[ ] and is approved by the National Type Evaluation Program (NTEP). "Legal-for-trade" devices will have an accuracy class designation, the most common being class III or III L. This designation will be on the scale, usually on the serial plate.

Sellers of such devices must assure the buyer that the device meets the requirements of NIST Handbook 44, 2006 Edition[ ] and is approved by the NTEP. These scale sales and service companies are usually (but not always) registered with the state to sell and repair commercial scales. If you have any doubts as to whether the scale you are going to purchase is legal, please contact FDACS at (850) 921-1590 for assistance.

No. A scale intended to be used commercially must first be inspected and approved by a state inspector or tested and “placed in service” by a registered scale service agency.

At this time there is no charge for a state inspection of a device. A registered scale company may charge a fee for this service or include the service when you purchase a scale from the company. It is our goal to inspect all newly placed-in-service devices within 30 days of notification, but if owners wish to begin legal use prior to inspection by FDACS, a registered scale company may place the device into service. An FDACS inspector will still inspect the scales.

Please note, however, that there is a charge for permitting scales and other measuring devices used in commerce in Florida. All weighing and measuring devices must be permitted prior to use. If you have any permitting questions or wish to begin the permitting process, please contact our Weights and Measures Permitting Section at (850) 921-1590.

There is no expiration on the length of time for which an approval seal is good. An inspector in your area will inspect and test the device periodically to determine its accuracy and suitability for continued commercial use.

You should contact a scale repair company if you suspect there is a problem with your device. FDACS does not repair scales; however, we can provide you with the names of registered scale repair agencies in your area. Call us at (850) 921-1590.

Yes. Firewood must be sold by the cord, or a fraction of a cord. A cord is defined as 128 cubic feet of wood stacked in a compact manner, such as 4x4x8 feet. Firewood cannot be sold by “truckload," “face cord," “rack,” “pile" or any other unofficial unit of measure.

You should refer to Section 531.47, Florida Statutes, and Chapter 5J-22, Florida Administrative Code, for the requirements for packaging and labeling.

FDACS has adopted NIST Handbook 133 as the procedure for testing the net contents of packaged goods.