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Do I have to use a legal for trade scale (NTEP approved) to put up packages that will be sold at retail?

No. Only if you are conducting direct sales to the consumer, such as in a deli or at the checkout register. However, for business-related projects, use of a legal for trade scale is recommended because as a checkweigher, it can help your packaging system and portion control and is more accurate and precise than an inexpensive “off the shelf” scale.

How do I know if a scale is legal for trade?

Direct sale scales, those where both the buyer and seller are present, need to be “Legal for Trade”.  Use our "Legal for Trade Scale Guide" for more information and a list of scale vendors.

What is “net weight”?

This is the actual weight of the product not including the packaging material. The net contents for weight, count, area, or measure are a tight average based on the size of the package. While the packager may not make the claim “average weight or volume” on the label, Consumer Protection inspectors pass or fail product lots based on an average of test results. Consumer Protection inspectors will order short weight lots off sale.

Does the law say that I need a UPC code my package?

No, but some retailers may require it.

Can I call my product “Made in Vermont”?

Yes, if the product meets the requirements of Consumer Fraud Rule 120.

For additional guidance related to the information above or to inquire about other related issues, contact the Weights & Measures section at the Vermont Agency of Agriculture.