A scale used to set a price, cheese by the pound, bulk granola, produce at a market, coffee beans scooped to order, is a commercial scale, and it has to be legal for trade. That means two things. The model is type approved, which in most states means it carries an active NTEP Certificate of Conformance showing it meets NIST Handbook 44; a kitchen scale, or one marked "not legal for trade", doesn't qualify however accurate it is. And the scale itself is licensed or registered and inspected, tested and sealed by the state or county weights and measures office, often every year. When you sell, the customer has to be able to watch the weighing and see the display, and you charge for net weight: the container, wrap and label are tare, taken off before the price. In the example below, a Portland wine shop sets up a cheese counter.
The short version
- A scale that sets a price is a commercial scale and has to be legal for trade.
- Legal for trade: a type-approved model, with an NTEP certificate in most states.
- A scale marked "not legal for trade", or a kitchen scale, doesn't qualify.
- License or register it, and have it inspected, tested and sealed.
- The customer sees the weighing and the display.
- Charge for net weight: the container and wrap come off as tare.
- TaroStack keeps cheese bought by the wheel and sold by the pound in its units. More below.
Which scales need it
| Use | Legal for trade needed? |
|---|---|
| Weighing cheese, nuts or coffee at the counter to price it | Yes |
| Weighing produce by the pound at a farmers market | Yes |
| Weighing prepacked packages to mark their net weight and price | Yes |
| Weighing ingredients for a recipe in the kitchen | No: no price is set by it |
Net weight on a package label is in net weight labeling requirements, and checking a scale between inspections in scale calibration log.
The rules
| Rule | Where |
|---|---|
| Commercial scale | Weighing used to establish the quantity of things offered or bought for sale (NIST Handbook 44, G-A.1); an active NTEP Certificate of Conformance shows the model complies (NIST, Weighing and Scales FAQs) |
| Oregon | Licensed by application and fee; an NTEP certificate meets the specifications; a placed in service report; customers can see the weighing and display; net weight, not gross; the inspector may return each year (ODA, Operating a Scale) |
| California | A CTEP or NTEP certificate before commercial use; inspected, tested and sealed by the county; tare deducted; annual registration in most counties (CDFA, Scales Used for Commercial Purposes) |
This is general information, not legal advice.
An example: a cheese counter
Sellwood Wine Shop, the made-up wine shop in Portland, Oregon, I use in these examples, added a cheese counter that cuts to order and sells by the pound. The owner's list:
| Step | What the shop did |
|---|---|
| Choose the scale | A price-computing counter scale whose model has an active NTEP certificate |
| License it | Applied to the Oregon Department of Agriculture and paid the license fee |
| Place it in service | Set up level on the counter; the placed in service report sent to the Weights and Measures Program |
| The customer's view | Turned so the customer sees the weight and price as the wedge is weighed |
| Tare | The cheese paper and label weighed and entered as tare, so the price is on net weight |
| Prepacked wedges | Weighed and labeled with net weight and price for the grab-and-go case |
| The kitchen scale | Kept in the back for portioning tasting plates, never for pricing |
The shop's old shipping scale was marked "not legal for trade", so it stays with the shipping. The inspector can come back each year; between visits the owner checks the counter scale with a test weight every month and writes it down. The shop's year is in wine shop business plan.
Get the checker
Download the commercial scale checklist. One sheet: each scale, whether it sets a price, whether its NTEP certificate is on file, its license or registration, its last inspection, and whether customers can see it; the status fills in. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.
Where this stops working
The checklist covers the scales. What the cheese cost by the wheel, what sold by the pound, and how much went to rind and trim is what tells the counter whether it pays.
How TaroStack does it
TaroStack keeps cheese bought by the wheel and sold by the pound in its own units, so what's left of each wheel is on record.
Items in their units. A wheel bought by the kilo is used by the pound, with unit conversion.
Counts. The counter is counted in pounds, so what's left of each wheel is on record.
Waste by reason. Rind, trim and spoiled pieces are recorded with their reason, so what each cheese loses shows by item.
| The job | Notebook | In TaroStack |
|---|---|---|
| What's left of a wheel | A guess | Counted in pounds |
| Rind and trim | Not counted | Waste by reason |
| What a wheel cost | The invoice | Costed from what you paid |
Units, counts and waste by reason are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.