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articles:auditing_7.1.5 [2025/05/02 01:14] – [11 - Counting & Weighing Scales marked "For Reference Only"] rrandallarticles:auditing_7.1.5 [2025/05/02 01:57] (current) – [11 - Counting & Weighing Scales marked "For Reference Only"] rrandall
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   * calibration or verification method, and    * calibration or verification method, and 
   * acceptance criteria.   * acceptance criteria.
 +
 +[[articles:auditing_7.1.5#Counting & Weighing Scales marked "For Reference Only"|Scenario #11:]] While auditing a Distributor, you observe their weighing scales, counting scales and length meters (for measuring the length of cable & wire), all identified as “For Reference Only”.
  
 The company explained that, since all of their calibrations are outsourced, this information can be found in the calibration certificates provided by the external calibration lab. The company explained that, since all of their calibrations are outsourced, this information can be found in the calibration certificates provided by the external calibration lab.
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 ===== 11 - Counting & Weighing Scales marked "For Reference Only" ===== ===== 11 - Counting & Weighing Scales marked "For Reference Only" =====
  
-__Situation:__ While auditing a Distributor, you observe their weighing scales, counting scales and length meters (for measuring the length of cable & wire, all identified as "For Reference Only".+__Situation:__ While auditing a Distributor, you observe their weighing scales, counting scales and length meters (for measuring the length of cable & wire), all identified as "For Reference Only".
  
-The company explained that management had decided that these measuring devices were not critical to quality and therefore do not require calibration.+The company guide explained that management had decided that these measuring devices were not critical to quality and therefore do not require calibration.
  
 (1) Is this a nonconformity? And if so, (2) is it a minor or a major nonconformity? (1) Is this a nonconformity? And if so, (2) is it a minor or a major nonconformity?
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 [[https://statutes.capitol.texas.gov/docs/AG/htm/AG.13.htm|TEXAS AGRICULTURE CODE]] \\ [[https://statutes.capitol.texas.gov/docs/AG/htm/AG.13.htm|TEXAS AGRICULTURE CODE]] \\
-TITLE 2. DEPARTMENT OF AGRICULTURE \\+**TITLE 2. DEPARTMENT OF AGRICULTURE \\
 CHAPTER 13. WEIGHTS AND MEASURES \\ CHAPTER 13. WEIGHTS AND MEASURES \\
-SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES+SUBCHAPTER B. STANDARD WEIGHTS AND MEASURES**
  
-Sec. 13.036.  FALSE REPRESENTATION OF COMMODITY QUANTITY.  A person violates this chapter if the person or the person's servant or agent:+**Sec. 13.036.  FALSE REPRESENTATION OF COMMODITY QUANTITY.** \\  
 +A person violates this chapter if the person or the person's servant or agent: \\
 (1)  sells or offers or exposes for sale a quantity of a commodity or service that is less than the quantity the person represents; (1)  sells or offers or exposes for sale a quantity of a commodity or service that is less than the quantity the person represents;
  
 And And
  
-Sec. 13.037.  USE OF INCORRECT WEIGHING OR MEASURING DEVICE.  \\ +**Sec. 13.037.  USE OF INCORRECT WEIGHING OR MEASURING DEVICE.**  \\ 
-(a)  A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in: +  (a)  A person commits an offense if the person or the person's servant or agent knowingly uses an incorrect weighing or measuring device in: 
-  (1)  buying or selling a commodity; +    (1)  buying or selling a commodity;  
-  (2)  computing a charge for services rendered on the basis of weight or measure; or +    (2)  computing a charge for services rendered on the basis of weight or measure; or 
-  (3)  determining the weight or measure of a commodity, if a charge is made for the determination. +    (3)  determining the weight or measure of a commodity, if a charge is made for the determination. 
-(b)  For the purpose of this section, a weighing or measuring device is incorrect if it: +  (b)  For the purpose of this section, a weighing or measuring device is incorrect if it: 
-  (1)  does not conform as closely as practicable to the official standards; +    (1)  does not conform as closely as practicable to the official standards; 
-  (2)  is not accurate; +    (2)  is not accurate; 
-  (3)  is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications; +    (3)  is of a construction that is not reasonably permanent in adjustment or does not correctly repeat its indications; 
-  (4)  facilitates the perpetration of fraud; or +    (4)  facilitates the perpetration of fraud; or 
-  (5)  does not conform to the specifications and tolerances established by the department under Section 13.114.+    (5)  does not conform to the specifications and tolerances established by the department under Section 13.114. 
  
 While the Texas Dept. of Agriculture may seem like an odd place for such a commercial statue, this is fairly common. For example, in Texas the Texas Department of Agriculture (TDA) inspects, tests, and calibrates motor fuel metering devices (gas pumps)… and that certainly has nothing to do with agriculture. While the Texas Dept. of Agriculture may seem like an odd place for such a commercial statue, this is fairly common. For example, in Texas the Texas Department of Agriculture (TDA) inspects, tests, and calibrates motor fuel metering devices (gas pumps)… and that certainly has nothing to do with agriculture.
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 The above Texas Statute relates to all commodities being sold commercially. The above Texas Statute relates to all commodities being sold commercially.
  
 +Where uncalibrated measurement devices are used for "//determining the weight or measure of a commodity//", then management has no way to know whether they are accurate. Therefore, this could be identified as a major nonconformity citing ISO 9001/AS9100, sec. 5.1.2 "Customer focus", which states:
 +<blockquote>//Top management shall demonstrate leadership and commitment with respect to customer focus by ensuring that: \\
 +a) customer and applicable statutory and regulatory requirements are determined, understood and consistently met;//</blockquote>
 +
 +The nonconformity statement would read: \\
 +"Due to the organization not calibrating its weighing scales, counting scales and/or length meters, the Quality Management System is not entirely effective in satisfying the requirements of Texas Statute, TITLE 2, CHAPTER 13, SUBCHAPTER B, Sec. 13.037.(b)(2))."