2023 Division of
Annual Report Standards
Submitted by:
Undersecretary Layla R. D’Emilia, Office of Consumer Affairs and Business Regulation
Commissioner David P. Rodrigues, Massachusetts Division of Standards
 Table of Contents
Letter from Commissioner ............................................................................................. 2
Overview of the Division ................................................................................................ 4
Responsibilities ............................................................................................................ 4
Metrology Laboratory .................................................................................................... 4
Finance ........................................................................................................................ 5
Human Resources ........................................................................................................ 6
Permits and Licenses Issued by the Division ................................................................... 6
Inspection and Testing ................................................................................................... 7
Standing Advisory Committee ........................................................................................ 8
State and Municipal Sealer Program ............................................................................... 8
2023 Inspection Highlights ............................................................................................ 9
Division Inspection Highlights .................................................................................... 9
Municipal Sealer Highlights ........................................................................................ 9
Protect and Educate Consumers .................................................................................. 11
Investigate and Resolve Consumer Complaints............................................................. 11
Citations, Fines and Violations ..................................................................................... 12
Inform and Advocate ................................................................................................... 13
2023 Division Accomplishments .................................................................................. 13
Attachment A Organizational Chart .............................................................................. 14
Attachment B Division License Fee Schedule ................................................................ 15
Attachment C Division Inventory of Weighing & Measuring Devices................................. 17
Attachment D Municipal Sealer Inventory of Weighing & Measuring Devices.................... 22
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Letter from Commissioner
November 18, 2024
Her Excellency the Governor Maura Healey
Massachusetts State House
24 Beacon St., Room 280
Boston, MA 02133
Re: Division of Standards 2023 Annual Report
Dear Governor:
On behalf of Undersecretary and Director of the Office of Consumer Affairs and
Business Regulation Layla R. D’Emilia, pursuant to MGL c. 98 § 57, I am pleased to submit
the Division of Standards Annual Report for Calendar Year 2023
As you know, the Division provides weights and measures, licensing, and metrology
services on behalf of residents of the Commonwealth as part of the critical consumer
protection functions of the Executive Office of Economic Development and the Office of
Consumer Affairs and Business Regulation. By ensuring device accuracy standards and
enforcing statutes and regulations related to price disclosure, item and unit pricing, and
fuel delivery, the Division helps ensure that the people of Massachusetts are confident that
what they pay for is what they receive, and retailers stay competitive and successful.
The Division operates an Echelon III metrology laboratory that is certified annually
by the National Institute of Standards and Technology which calibrates and certifies
metrological equipment – such as weight kits, volumetric provers, and linear test measures
– that are used regularly in private commercial enterprise and by local weights and
measures sealers across Massachusetts. Division metrologists additionally train and test
aspiring local sealers, assist with complex calibrations in the field, and maintain the State
Metrology Lab located in Ashland.
In addition to the Division’s weights and measures and metrology mission, we are
also responsible for the issuance and renewal of several important statutory licenses
which represent a broad spectrum of industry in Massachusetts including auctioneers,
hawkers and peddlers, sellers of motor fuels and lubricating oils, and auto glass and repair
shops. In 2023, the Division issued or renewed nearly 10,000 permits and licenses resulting
in $1,807,082.00 revenue collected for the Commonwealth’s General Fund.
Finally, as a critical component of the Division’s work, our team of compliance
officers and supervisors regularly perform compliance and enforcement activities across
Massachusetts to ensure conformity with applicable pricing and weights and measures
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laws and regulations and in response to complaints received directly from consumers. This
important work directly addresses concerns brought forth to the Division regarding price
disclosures, unit pricing, mass and volume values, and license status to save consumers
money and deliver peace of mind in the marketplace.
We look forward to continuing this work on behalf of Massachusetts consumers and
businesses into 2024.
Sincerely,
David P. Rodrigues
Commissioner and Deputy Director
Massachusetts Division of Standards
cc: Lieutenant Governor Kim Driscoll
Secretary Yvonne Hao, Executive Office of Economic Development
Undersecretary Layla D’Emilia, Office of Consumer Affairs and Business Regulation
Senator Marc Pacheco, Chair, Senate Committee on Post Audit and Oversight
Rep. John Mahoney, Chair, House Committee on Post Audit and Oversight
[Online General Court Submission Portal]
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Overview of the Division
The Division of Standards (Division) is a state regulatory agency under the Office of
Consumer Affairs and Business Regulation (OCABR) established by M.G.L. c. 24A, § 5. The
Division is the Commonwealth’s weights and measures agency, responsible for ensuring
the accuracy of weighing and measuring devices used in the sale of food, fuels and other
products.
Responsibilities
The Division is statutorily required to annually test and certify all weighing and measuring
devices used in commerce in towns with a population of less than 5,000 and may provide
such services in those towns with between 5,000 and 20,000 residents that choose to
contract with the Division for such services. In addition, the Division operates the
Commonwealth’s item pricing waiver program, pursuant to Chapter 94, Sections 184B
through 184E, issuing waivers to qualifying retailers and enforcing the requirements of that
program, allowing participating retailers to convert from an individual pricing system to a
consumer price scanner system.
The Division also conducts price verification inspections, to enforce the provisions of
Chapter 98, Section 56D, and unit pricing inspections, to enforce the provisions of Chapter
6, Section 115A. Pursuant to Chapter 98, Section 28A, the Division inspects all propane
and liquified gas meters. Pursuant to Chapter 94, Sections 303G through 303L, the Division
tests and issues permits for antifreeze products. Additionally, the Division certifies and
trains municipal sealers, pursuant to Chapter 98, Section 29, and oversees municipal
weights and measures programs, pursuant to Ch. 98, Section 36A.
In addition to its weights and measures functions, the Division regulates the sale of
gasoline and lubricating oils, including the inspection of all fuel dispensing equipment for
required markings pertaining to grade and brand, and the delivery of propane and heating
oil. The Division also tests and approves coin operated devices; issues permits and
licenses to auctioneers, transient vendors, promoters, hawker/peddlers (such as food
trucks), motor fuel and oil retailers; and registers auto damage & glass repair shops.
Metrology Laboratory
The Division operates the Commonwealth’s Metrology Laboratory, which tests and
calibrates a range of weight, volumetric, and linear measuring devices for both municipal
and private sector agencies. Our calibration services involve comparing the measurement
values of weighing and measuring devices to calibration standards of known accuracy. All
Massachusetts municipalities who conduct weights and measures inspections must have
their weights, volumetric and linear measures and instruments tested, adjusted, and
certified by the Metrology Laboratory, pursuant to M.G.L. c. 98, Sections 32 and 40.
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The Division Metrology Laboratory’s scope of measurement capabilities offered are:
• Mass Echelon III
o 30 kg to 1 mg
o 1000 lb. to 0.0001 lb.
o 8 oz to 0.03125 oz
o 12 oz ap to 0.5 gr
o 50 oz t to 0.005 oz t
• Volume Transfer, II
o 100-gal, 5-gal
• Field Calibrations - Volume Transfer, II
o 100-gal
Finance
In partnership with OCABR, the Division handles budget preparation and controls,
purchasing, accounts receivable and accounts payable, payroll, and other administrative
financial services.
The Division’s budget for FY 2023 was $2,096,789.00. Revenue collected during that same
period was $3,501,381.09.
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Human Resources
The Division works closely with Executive Office of Economic Development’s Senior
Human Resources (HR) Business Partner on all HR matters. The Senior HR Business
Partner, managers, and supervisors are responsible for supporting the enhancement and
development of staff competencies which are a part of each employee’s performance
review. In partnership with the Senior HR Business partner, the Division ensures that all
employees complete all required training, that staff complete performance reviews and
quarterly diversity reporting requirements in a timely manner. The development and
retention of staff is critical to the success of the Agency.
Permits and Licenses Issued by the Division
The Division issues the following permits, licenses, and registrations pursuant to statutory
authorization:
• Anti-freeze (AF) Permit: An AF Permit is required to sell anti-freeze within the
Commonwealth.
• Auctioneer License (AU): An AU License is required to act as an auctioneer in the
Commonwealth.
• Auto Glass Repair (RG) License: All motor vehicle glass repair shops must
register with the Division and adhere to the requirements contained in Chapter
100A.
• Auto Repair Shop (RS) License: All motor vehicle damage repair shops must
register with the Division and adhere to the requirements contained in Chapter
100A.
• Hawker Peddler (HP) License: A HP License is required for individuals who sell
goods on foot or from a vehicle.
• Motor Fuel and Automotive Lubricating Oil (MF) License: A MF License is
required to sell motor fuel or automotive lubricating oil.
• Promoter (PR) License: A PR License is required by the organizer of an event who
rents, lease or grants a space to goods vendors.
• Scanner Waiver (SW): A SW license allows stores to sell groceries without a
price label affixed to every item.
• Special Hawker Peddler for the Vision Impaired & Veterans (HP) License: A
Special HP License is for vision impaired & some veteran hawker peddlers.
• Transient Vendors (TV) License: A TV License is required for anyone selling goods
from a single fixed location for less than one year.
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In 2023, the Division issued or renewed 9,895 permits and licenses resulting in
$1,807,082.00 revenue collected.
Inspection and Testing
The Division is required to administer the annual testing and certification of all commercial
weighing and measuring devices in Massachusetts. Devices tested by the Division include:
• Small and large capacity scales
• Motor fuel dispensers
• Vehicle tank meters used in the sale of liquid fuels
• Propane meters
• Milk tanks
• Coin operated amusement devices
• Reverse vending machines used for recycling soft drink containers
• Price scanning systems
• Law enforcement axle load scales
The Division also inspects pre-packaged food and non-food products to ensure that the net
weight displayed is accurate and within acceptable legal metrology parameters.
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Standing Advisory Committee
The Division receives assistance from the community of municipal sealers across the
Commonwealth through a Standing Advisory Committee, established by Chapter 98,
Sections 1 and 29. The Standing Advisory Committee is chaired by the Division’s
Commissioner and includes a designee from each of the following organizations: the
Massachusetts Weights and Measures Association, the Eastern Massachusetts Weights
and Measures Association, the Western Massachusetts Weights and Measures
Association, and the City of Boston's Department of Inspectional Services.
The Standing Advisory Committee is charged with developing and revising the certification
and continuing education standards and requirements that the Division develops both for
the Division’s inspectors and for municipal sealers and deputy sealers (Local Sealers). In
2023, the Standing Advisory Committee met in October and agreed to adopt a new fillable
form that the Division was developing to facilitate Local Sealers’ filing of the annual reports
required by Chapter 98, Section 37. The Standing Advisory Committee also discussed
options for sealer training and specialty certifications.
State and Municipal Sealer Program
Municipal Sealers of Weights and Measures (Sealers) test, seal and inspect commercial
weighing and measuring devices located in the municipality where they are locally
appointed; after passing written and practical examinations administered by the Division,
these individuals inspect retail businesses operating in their municipality for compliance
with the unit pricing, item pricing, or price advertising requirements; and investigate
consumer complaints about businesses operating in their municipality. Sealers can
perform sealer duties in multiple communities.
The Division administered sealer certification tests, which include both a written and field
examination, and certified 22 newly appointed Local Sealers in 2023. There are 188
Sealers in Massachusetts. In addition, the Division oversees the performance of all
municipal weights and measures programs, pursuant to M.G.L. Chapter 98, § 36A.
In 2023, the Division conducted weights and measures inspections in the 100
Massachusetts municipalities with 5,000 or fewer residents pursuant to M.G.L. c. 98, §
35(a)(2); and 60 municipalities contracted with the Division pursuant to M.G.L. Chapter 98,
§ 33A.
Weights and measures services provided by the Division consist of testing, sealing and
inspecting those commercial weighing and measuring devices located in the municipality;
inspecting retail businesses operating in the municipality for compliance with unit pricing,
item pricing, or price advertising requirements; and investigating consumer complaints
against businesses operating in the municipality.
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2023 Inspection Highlights
Division Inspection Highlights
• The Division’s compliance officers tested and certified 5,173 commercial weighing
and measuring devices of which 636 devices were in municipalities with a
population less than 5,000 and 3,825 were in municipalities under contract with the
Division.
• Conducted 2,979 inspections which included scales, motor fuel dispensers
including price signs, fuel oil deliveries, and pre-packaged commodities.
Municipal Sealer Highlights
Pursuant to M.G.L. Chapter 98 § 37, each municipality shall annually, submit a written
report that describes the components of the municipality's weights and measures
program, including, but not limited to, an inventory of all weighing and measuring devices
and equipment and the date of the most recent certification for each device or piece of
equipment, inspection results by category, results of tests performed pursuant to section
56D, total citations issued by category, and the net loss restored to consumers and
merchants as a result of its enforcement program.
• Sealer Annual Reports for calendar year 2023 were filed by 188 1 municipalities that
have a Sealer. Municipalities with a population less than 5,000 or under contract
with the Division were not required to file an Annual Report with the Division. Data
reported by Sealers is highlighted below.
1
Annual reports were not received from the following communities: Boxborough, Dedham, Mansfield, Milton,
and Seekonk.
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• Sealers tested & certified 209,896 commercial weighing and measuring devices in
192 municipalities in 2023.
• Revenue from fees and citations issued by Sealers totaled $3,499,924.20.