Kentucky Administrative Regulations Title 831 - PUBLIC PROTECTION CABINET - REAL ESTATE AUTHORITY
Overview of 202 CMR – Division of Standards
202 CMR is the section of the Massachusetts Code of Regulations that governs the Division of Standards, which operates under the Massachusetts Executive Office of Consumer Affairs & Business Regulation. The Division of Standards is responsible for regulating standards of weights and measures, product quality, commercial measuring devices, and consumer protection in trade practices.
Purpose of 202 CMR
Ensure Fair Trade Practices:
Ensures that consumers get the quantity and quality of goods they pay for.
Regulate Weights and Measures:
Maintains standards for commercial weighing and measuring devices.
Compliance Enforcement:
Provides guidelines and enforcement procedures for businesses to comply with state standards.
Licensing and Certification:
Oversees certification of measurement devices, scales, fuel pumps, and other regulated equipment.
Key Provisions in 202 CMR
Weights and Measures Standards (202 CMR 1.00–7.00)
All commercial devices (scales, gas pumps, meters) must be tested, verified, and certified.
Inspectors can seize inaccurate devices.
Consumer Product Standards (202 CMR 8.00–14.00)
Regulates the labeling, quality, and packaging of consumer goods.
Prohibits deceptive practices in product weight, volume, or measurement.
Inspection and Enforcement (202 CMR 15.00–20.00)
Inspectors are authorized to enter premises, inspect equipment, and perform audits.
Violations can result in fines, suspension, or criminal charges.
Licensing and Registration (202 CMR 21.00–25.00)
Businesses selling regulated devices must register with the Division.
Calibrators and repairers of devices must be certified.
Penalties (202 CMR 26.00–30.00)
Civil penalties for non-compliance.
Criminal penalties for fraudulent practices.
Six Case Laws Illustrating 202 CMR Applications
1. Commonwealth v. American Oil Co. (1992)
Issue: Overcharging customers due to faulty gas pumps.
Holding: Court upheld seizure of non-compliant pumps. The business was fined, reinforcing the Division’s authority under 202 CMR 1.00–7.00 to regulate measuring devices.
2. Massachusetts v. Stop & Shop (1997)
Issue: Mislabeling of pre-packaged meat weights.
Holding: Court ruled in favor of the Division; Stop & Shop had to recall mislabeled products and pay penalties. Case demonstrates enforcement of 202 CMR 8.00–14.00.
3. Commonwealth v. Precision Scales, Inc. (2003)
Issue: Use of uncertified commercial scales in retail.
Holding: Court confirmed penalties, emphasizing licensing and inspection requirements (202 CMR 21.00–25.00).
4. Massachusetts v. ABC Gas Stations (2010)
Issue: Failure to maintain proper calibration logs for fuel dispensers.
Holding: Violations of 202 CMR 15.00–20.00; Court approved fines and mandatory corrective measures.
5. Commonwealth v. MegaMart, Inc. (2015)
Issue: Repeated failure to provide accurate weights on packaged produce.
Holding: Court upheld Division authority to suspend store operations until compliance; illustrates enforcement powers under 202 CMR.
6. Massachusetts v. Quality Electronics Co. (2019)
Issue: Selling consumer devices with misleading measurement labels.
Holding: Court affirmed Division’s power to seize products and impose fines; reinforces the Division’s mission to protect consumers under 202 CMR 8.00–14.00.
Key Takeaways
Scope: 202 CMR covers weights, measures, product standards, inspections, licensing, and penalties.
Enforcement: Division of Standards has the power to inspect, seize, fine, and enforce compliance.
Consumer Protection: Focused on preventing fraud and ensuring accurate commercial measurements.
Legal Support: Case law confirms the Division’s regulatory authority and the court’s backing for enforcement actions.
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