Consumer Affairs

Method of Sale for Fresh Fruits and Vegetables
Information Sheet No. 7

Generally, fresh fruit and vegetables must be sold by weight or count (each) in the city of Seattle. An exception is made that some vegetables may be sold by head or bunch if that is the customary method of sale [Seattle Municipal Code, Section 7.04.200]. A list of acceptable methods for selling fresh fruit and vegetables is published in a guideline from the National Conference on Weights and Measures contained in the National Institute of Standards and Technology (NIST) Handbook 130 Uniform Laws and Regulations (1997), Section 2.3.2 "Fresh Fruits and Vegetables". That list is reproduced here for you information.

Scales in commercial use that are labeled "not legal for trade" will be condemned [SMC 7.04.165] and "stop use" orders will be issued [SMC 7.04.160]. Condemned scales that are used in commerce are subject to siezure and the users may be charged with criminal misdemeanors punishable by fines and/or imprisonment [SMC 7.04.690]. The presence of condemned scales in locations where buying and selling is carried on is considered presumptive evidence that they are being used [SMC 7.04.695].

Fresh fruit and vegetables sold by weight must be sold by net weight with tare allowed for bags. The weight determination must be made using an approved scale [see Information Sheet No. 6 Sale of Food Commodities by Weight]. Berry baskets and boxes must meet the specifications described in Section 4.46 of the National Institute of Standards and Technology (NIST) Handbook 44 Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices (1997).