Weights and Measures Official Letters
I recently recieved an official letter from weights and measures. What happens now?
During a routine inspection a weights and measures inspector may issue one of the following in response to the more routine compliance issues identified during the equipment inspection / test:
- repair orders,
- stop use orders, and
- notices of non-compliance (NNCs)
Each of these requires a written response indicating when and how the non-compliance was corrected. Possible responses normally include:
- calibration of equipment,
- repair of equipment,
- replacement of equipment,
- removal from service,
- corrections to labeling,
- payment of license fees,
- etc.
Notification is normally made by returning the completed repair or stop use "tag" to weights and measures. The notice of non-compliance must be similarly returned, though the form itself doesn't include a response section for you to complete. It must be accompanied by letter or email explaining the corrective action taken.
Grace Periods / Due dates
- Repair Orders have a grace period during which time the equipment may remain in service while the issues are corrected (generally 15 - 30 days).
- NNCs normally have a shorter grace period to address the non-compliance issue (generally 10 - 15 days).
- Stop Use Orders are due immediately, no grace period is provided.
Extensions may be granted upon request.
Repair Orders, Stop Use Orders, and NNC's become delinquent when the grace period expires before written resolution of the issue is received by Oregon Weights and Measures. Stop use orders require equipment to be removed from service immediately and so no grace period is provided.
The Delinquent 10 Day (D10) Letter
Once a Repair Order, Stop Use Order, or NNC becomes 10 days delinquent a D10 letter will be mailed. This letter will contain your license number, the inspection date, department contact information, your inspector's contact information, and the unique numbers identifying the unresolved tags and NNCs. This is the first attempt made by Weights and Measures to resolve an outstanding compliance issue which has previously been identified. You may recieve such a letter if:
The letter itself includes a section for you to complete including the date you or your service company corrected the issue, the corrective action taken, and the service person / company performing the work.
The On Notice (ON) Letter
In the event that the D10 letter is not returned then Weights and Measures will issue an "On Notice" lettter in order to try and resolve the outstanding compliance issues. The "On Notice" letter is not a violation but rather a second reminder notice that there are still outstanding compliance issues on file which have not yet been resolved.
You may receive such a letter if:
- no corrective action was taken to address the compliance issue,
- corrective action was taken but written notification was not made to Oregon Weights and Measures,
- corrective action was taken and written notification was submitted, however the ON letter was generated and mailed before the written notification was received and logged.
Resolution
Official Letters serve as reminders of unresolved outstanding compliance issues. Resolution is normally achieved by returning the letter to Oregon Weights and Measures with a brief explanation as to when corrections were made, what was done, and who performed the work:
- Mailing instructions:
Oregon Department of Agriculture
ATTN: Weights and Measures
635 Capitol Street NE
Salem, OR 97301
- Email instructions: Scan the completed letter and email to:
owm@oda.oregon.gov
Please include the business name and the repair, stop use, and NNC numbers as indicated in the letter in the subject of the email.
IMPORTANT
If you receive either a D10 or an ON letter then any grace period associated with the Repair Orders, Stop Use Orders, or Notices of Non-Compliance listed in the letter have expired. If corrective action has not been taken to address the compliance issue then continued use of any associated equipment is unlawful. Any licenses which continue to go unpaid may be withdrawn. In addition the ODA may pursue additional civil or criminal action as is provided for in ORS 618.
If addition time is required to make corrections you may either request an extension from your inspector (contact information is provided on the letter) or you may remove the affected equipment from service until such time as corrections can be made.
Sample Letters
FAQ's
Q. I received an official letter from ODA Weights and Measures. What now?
A. When a Weights and Measures inspector finds a minor compliance issue he/she will often issue an NNC or affix a repair or stop use order ("a tag") on the equipment. You are required to provide written notification to Weights and Measures briely explaining how the compliance issue was resolved. Resolutions will normally include cleaning and routine servicing, repair, recalibration, replacement, or removal from service, correction of labeling, or payment of license fees. If the tags are not returned in a timely fashion then you will recieve an official letter reminding you that you have outstanding tags. If you receive an official letter then you should complete the letter briely explaining the corrective actions taken and return it to Weights and Measures by mail or email to owm@oda.oregon.gov.
Q. I can't find my repair tags, what do I do now?
A. You may return the completed official letter in lieu of the repair tag. Details for the non-compliance issues can be found on your inspection report.
Q. I can't find my inspection report, how do I get another copy?
A. You may contact Weights and Measures to request a copy of your inspection report. You may request a copy by email to owm@oda.oregon.gov. Include your license number and state clearly that you need a copy of your most recent inspection report. You may also request a copy by phone, please have your license number ready to expedite the process. Your license number is printed on your official letter.
Q. I thought I returned my tags, what happened?
A. If a tag is returned late in the cycle it is possible for the letter to be generated and mailed before the tag can be logged and cleared. The most expedient resolution is to go ahead and complete and return the official letter. You may contact Weights and Measures to confirm receipt of the tags via email to owm@oda.oregon.gov, or by phone. When sending an email please include your license number and any tag numbers your are inquiring about.
Q. I got an official letter, am I in trouble?
A. The official letter is intended to remind you of outstanding compliance issues which have been documented by Weights and Measures. They are not violation letters in and of themselves. Failure to respond to the official letters may lead to civil or criminal action per ORS 618.
Q. I hired a service company to take care of compliance issues. Shouldn't they take care of this?
A. Your service agent may complete and return tags issued by weights and measures on your behalf, however it is ultimately your responsibility to return any outstanding tags issued by weights and measures.
Q. I can't make the required repairs, How do I remove equipment from service?
A. To remove equipment from service you must take meaningful steps to discurage continued use of the equipment such as physically removing it, disconnecting power, providing cones or signage designed to discourage use, etc. Written notification to Weights and Measures is still required to clear the compliance issue from our systems. It may be necessary to delete the associated device license. Returning the equipment to service will require a placed in service report. If the license was withdrawn it may be restored if the equipment is returned to service within the same licensing period.