Key Takeaways

  • “Not legal for trade” means a scale or measuring device is not approved for commercial transactions where goods are sold by weight or measure.
  • Legal-for-trade devices require NTEP certification in the U.S. or equivalent approvals internationally.
  • Not legal for trade devices are typically less expensive and used for internal purposes like portioning, research, or quality control.
  • Accuracy classes determine which scales qualify for trade use; failing to meet them makes a device not legal for trade.
  • Governing bodies like NIST (Handbook 44), OIML, Measurement Canada, and EU Directives regulate legal-for-trade standards globally.
  • Businesses risk fines, legal penalties, and loss of consumer trust if they use not-approved scales in commerce.

Knowing what does not legal for trade mean is helpful in a business setting. Scales that are legal for trade are often those which are meant for the manufacturer to use for commercial purposes where an item is sold according to weight. The definition of commercial applications can differ slightly based on measures jurisdictions and varying weights.

What Is the Nature of Legal for Trade?

Balances that are legal for trade often cost more than not legal for trade. This is because extended testing is needed to get a Certificate of Conformance. Evaluations for legal for trade scales are done on the operation, design of the device, marking requirements, and environmental factors.

Different shift tests and increasing and decreasing load tests are done. These scales get tested over different temperatures (50° F to 86° F) for approval by NTEP. A load that's at half capacity gets applied to scales a minimum of 100,000 times.

What Does “Not Legal for Trade” Mean?

A device labeled “not legal for trade” cannot be used in any commercial setting where products are bought or sold by weight or measure. These scales are not certified under the National Type Evaluation Program (NTEP) in the U.S. or similar regulatory bodies abroad. Instead, they are designed for environments where accuracy is important but not legally enforced, such as:

  • Portion control in restaurants.
  • Scientific research and laboratory analysis.
  • Internal inventory management.
  • Quality checks in production lines.

Although often more affordable and easier to calibrate, not legal for trade devices cannot be used to determine customer pricing. Using them in regulated settings may result in legal penalties, consumer complaints, and even business license violations.

What Are the Practical Applications of Legal for Trade?

The following gives examples of everyday applications where it might be necessary to have a legal for trade scale:

  • Figuring out mass for transactions that are commercial.
  • Determining mass to calculate a tax, toll, remuneration, bonus, tariff, penalty, or indemnity.
  • Figuring out mass for applying regulations or law and an expert opinion that's presented in court.
  • Determining mass when it comes to practicing medicine to weigh patients to diagnosis, monitor, and give medical treatment.
  • Figuring out mass for creating medicines for a medicine in a drugstore and figuring out mass in analyses that are done in pharmaceutical and medical laboratories.
  • Determining the price based on the mass for the intention of direct sales and creating pre-packaged medicine.

Common Uses of Not Legal for Trade Devices

While legal-for-trade scales are mandatory in commerce, not legal for trade devices still have significant value. Some examples include:

  • Recipe development and R&D: Chefs, breweries, and food manufacturers use them to test formulas without selling by weight.
  • Laboratory settings: Scientists rely on them for precise experiments, where commercial certification is unnecessary.
  • Industrial checks: Manufacturers use them for in-house quality assurance before final packaging.
  • Personal and medical tracking: Individuals or clinicians may use non-certified devices to monitor weight without billing implications.

These applications highlight that not legal for trade does not mean inaccurate, but rather that the scale is not subject to legally binding calibration standards for commerce.

What Are the Accuracy Classes for Scales Intended for Commercial Conformance?

To determine accuracy classes of scale, the producer designates the accuracy class for each device based on its intended application and design. There are tolerances and specifications for every accuracy class. To be approved to use in a certain accuracy class scale, the device needs to meet the tolerances, specifications, use, as well as additional requirements for that accuracy class.

Class I and Class II devices tend to be used in higher precision and laboratory weighing. Class III devices tend to be commercial devices that aren't indicated in any other accuracy classes and may include animal scales, postal scales, and more. Class IIIL has scales such as livestock, vehicle, hopper, axle-load, railway track, hopper, and crane.

Class IIII has portable axle-load weighers and wheel load weighers for enforcing on the highway. Class IIIIL includes heavier on-board applications, railroad scales, truck scales, and livestock.

Why Some Scales Fail Legal-for-Trade Standards

Scales may be classified as not legal for trade for several reasons:

  • Design limitations: Some devices are built for convenience, not regulatory precision.
  • Calibration drift: If a scale cannot maintain accuracy within tolerance, it fails approval.
  • Marking and labeling issues: Missing required identifiers such as “NTEP Certified” or the manufacturer’s approval code.
  • Environmental sensitivity: Devices that cannot function accurately under temperature or load testing conditions.

For instance, a high-precision lab balance might be extremely accurate but still not legal for trade because it has not undergone the certification process or lacks required markings..

Which Organizations Govern the Law on Legal for Trade?

Measures and weights officials around the globe are in charge of managing legal issues for trade equipment as well as any related legislation. The majority of countries besides the United States have embraced the International Organization of Legal Metrology (or OIML) requirements when it comes to weighing equipment. The OIML has created a collection of worldly guidelines in relation to the use and manufacture or measuring and weighing instruments for applications in a legal metrology setting. In the United States, all requirements are listed in Handbook 44.

In Canada, getting approved for a trade is controlled by testing and standards that Industry Canada sets under the approval process for Measurement Canada. This approval is mandatory whether or not the item is certified through the NTEP.

In Europe, countries must generally adopt the European Directives when it comes to CE compliance. This includes those that are related to designated weighing instruments. Weighing instruments for the European Community are split into the categories of Non-Automatic Weighing Instruments (or NAWI) and Automatic Weighing Instruments (or AWI).

The major difference is that it's mandatory for a NAWI to have an operator intervene during the process of weighing to change the quantity that's being weighed. Most AWIs are under the remit for the EC Measuring Instruments (MID) directive, while NAWIs get certified under the EC Non-Automatic Weighing Instruments Directive.

In the United Kingdom, automatic check weighers don't get prescribed and don't need to get verified before they're used for ordinary weight. However, the instrument's owner always needs to show that they're fitted for their use.

Risks of Using Not Legal for Trade Equipment in Business

Using a not legal for trade device in commerce exposes businesses to:

  • Regulatory fines for non-compliance with state or federal standards.
  • Customer disputes due to inaccurate pricing.
  • Legal liability if consumers claim financial harm.
  • Loss of reputation and trust in the marketplace.

For example, selling meat, produce, or jewelry using uncertified scales could trigger penalties from state weights and measures agencies. Even if the device is accurate, its lack of certification makes the sale legally invalid. Businesses should confirm equipment approval through their jurisdiction’s governing body before use.

Frequently Asked Questions

  1. What does “not legal for trade” mean on a scale?
    It means the device is not certified for use in commercial transactions where pricing is based on weight or measure.
  2. Can I still use a not legal for trade scale?
    Yes, but only for non-commercial purposes such as research, internal quality checks, or personal monitoring.
  3. What happens if I use a not legal for trade scale for business?
    You risk fines, invalidated sales, and legal disputes, as the transaction may be considered unlawful.
  4. Are not legal for trade scales inaccurate?
    Not necessarily. Many are highly accurate, but they lack regulatory approval for selling goods by weight.
  5. How do I know if a scale is legal for trade?
    Look for an NTEP Certificate of Conformance (in the U.S.) or equivalent certification marking required in your jurisdiction.

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