Audit finds district fails to properly test weights and measures

A new audit released by the NYS Auditor’s Office alleges that the Orange County Department of Weights and Measures failed to complete all weighing and measuring device testing or maintain complete inspection, inventory and investigation records required by state law and regulations. The auditor said that as a result, consumers “may be at increased risk of overpaying for goods and services.”

The audit alleged that the county director of Weights and Measures failed to monitor or update the database the department uses as a “master list” of businesses with scales and measures, and that the list also contained several errors and omissions. County inspectors reportedly added businesses they found while traveling to locations to conduct testing, rather than working with other county departments to determine if there were new businesses using the devices.

Additionally, 165 of the 446 weighing/measuring devices operating in the district were not properly inspected. The inspection also found that two of the 19 consumer complaints did not contain documentation showing the results of the Ministry’s investigation.

The director was accused of failing to develop and implement procedures for periodic price accuracy testing. “The director told (inspectors) that the Department only conducts price accuracy testing if there are complaints and generally only tests products that the consumer has indicated are incorrect,” the report said. Using the department’s inspection results, inspectors found that 94% of products tested were priced correctly, below the 98% standard set under current regulations.

As a result, the state is recommending that Orange County “conduct the required testing pursuant to New York State Department of Agriculture and Markets regulations and AML” and “maintain complete records, including an inventory of businesses and consumer complaints.” The audit period ran from January 1, 2022, to September 30, 2023.

The district reportedly accepted the findings and plans to take corrective measures.

The weighing and measuring devices covered by the audit included items such as computing scales, petroleum pumps, linear measuring devices (such as those used for rope in a hardware store), timing devices (such as dryers in a laundromat), and vehicle scales. The audit found that the manager did not test any timing devices “because he was not aware that he was required to do so.”

For one gas station included in the inspection, the manager told inspectors that the gasoline/diesel pumps did not have inspection seals because they failed the inspection. According to the report, “According to the inspection documents, one pump was out of tolerance for the operator (i.e., dispensing less fuel than expected) and the gauges for the other four pumps were unreadable. Inspectors issued a violation for the out-of-tolerance pump not to be used until it was repaired, but no violations were issued for the other pumps because the gauges did not affect the amount of fuel dispensed.” However, inspectors found that all five pumps were operational during their inspection.

Additionally, the county manager noted that eight weighing devices were not tested because “inspectors missed them during inspections of these businesses.” And one of those devices was last inspected in February 2022. The manager noted that one vehicle weighing device had not been inspected since 2013. Each such device is required to be tested annually.

On a positive note, the inspection also included sampling retail fuel pumps to ensure fuel octane ratings were correct. Of the 15 samples examined, the octane rating was “at least equal to the amount reported at the pump for all 15 tests.”

The full results of the audit are available on the state auditor’s office website.