Snacks & Candy

Pump Check' Turns Up Snack Price Errors

Mass. Div. of Standards fines retailers for in-store discrepancies

BOSTON -- In advance of Memorial Day and the busy summer driving season, the Massachusetts Division of Standards inspected 88 gas stations with convenience stores around the state for gasoline content and cash-register pricing of store items. Inspectors found strong compliance regarding motor fuel quality both octane and ethanol content regulations, but more than a quarter of c-stores at the gas stations were fined for overpricing on items scanned for price accuracy. The 25 stores were fined a total of $5,400.

"One of the common parts of the summer road trip is a stop [image-nocss] for gas, and drinks and snacks. It's important that consumers are confident they are purchasing quality gasoline and snacks that are fairly priced," said Charles Carroll, the director of the division of standards. "We're pleased to see gas stations follow our regulations regarding octane and ethanol contents in gasoline, but it's important these retailers bring the same vigilance to their pricing."

The Division of Standards' inspection of gas stations before Memorial Day is an annual program, and this is the first time the division included item pricing in tandem with checks at the gasoline pump. Inspectors use infrared octane sensors and other equipment to check the alcohol content of gasoline.

Nearly 260 octane samples of motor fuel were tested and compared with the octane and alcohol content posted on the dispensers for the various grades offered for sale at those locations to ensure that the octane and alcohol content of the fuel being dispensed met or exceeded the information posted on the dispenser.

The Division's Compliance Officers examined all advertisements pertaining to motor fuel on street and dispenser signs for agreement with the conditions of sale posted on the street signs and the price actually being computed for the grade dispensed. The division is currently reviewing the existing regulations and after holding a public hearing will file amended regulations to address changes in the advertising of motor fuel so that the information on the street signs is clearly indicated to consumers on the dispensers as well.

The division fined 25 stores for pricing violations, issuing $100 fines per violation. While visiting stations, inspectors randomly selected items to scan to check prices and found 54 of 1,740 items were found to be rung up higher than the lowest advertised price. The average error on the items inspected was 28 cents.

"The issue of overpricing is one we take very seriously, especially during tough economic times, and we will continue to monitor retailers and make them aware of the importance of accurately charging consumers at the cash register," said Barbara Anthony, the undersecretary of the Office of Consumer Affairs & Business Regulation. "Consumers must have the confidence that the price they are being charged in the accurate cost of the product. Retailers must do everything they can to maintain that confidence."

The division is responsible for enforcing the accuracy requirements and other standards relating to weighing and measuring devices and the use thereof used in the sale of food, fuels and other products. It regulates the sale of gasoline and sets standards for lubricating oils and antifreeze, including the inspection of all fuel dispensing equipment for required markings pertaining to grade and brand. It determines the standards for accuracy of clinical glass thermometers, tests and approves coin operated devices, licenses auctioneers, transient vendors, peddlers, motor fuel and oil retailers and registers auto damage repair shops. The division also enforces the item pricing law and the unit pricing regulations and oversees grants in excess of $600,000 to support item pricing inspections and scanner accuracy in retail stores.

In addition to our statutory requirements to annually test and certify all weighing and measuring devices used commercially in towns under 5,000 in population, the division tests and inspects price scanners in retail stores for accuracy.

In addition to testing and certifying devices, the division conducts inspections to ensure that these devices are being used properly and that security seals are intact. Security seals are affixed to the devices to prevent unauthorized changing of the calibrators which can change the accuracy of the product being weighed or measured. The division also reweighs prepackaged food and nonfood products to insure that the net quantity statement required to be placed conspicuously on all packaged goods is accurate and that minor variations are within acceptable legal metrology parameters.

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