Weights and Measures

Press release:

Promoting a fair and equitable marketplace is the work of the Genesee and Orleans County Health Departments, Department of Weights & Measures (GO Health W&M). This department protects open market transactions, ensuring fairness for both buyers and sellers.

“The worth of county and state Weights & Measures departments are more valuable than ever. Persistent price increases of everyday necessities are straining our communities, and people are stretching their money to new levels. We are here to make sure you get what you are paying for,” stated Ronald P. Mannella, GO Health W&M Director.

2022 included 470 inspections accounting for 1,211 devices in 209 businesses. These tests involved pumping more than 26,000 gallons of fuel and using more than 5.9 million pounds of test weight. The department handled 13 complaint investigations, confirmed 591 package weights & 300 item prices, and collected 132 fuel samples confirming fuel sold within both counties met a variety of parameters.

With support from the New York State Department of Agriculture and Markets, GO Health has already confirmed over five times as many item prices compared to 2022. “This is just another way we are able to protect consumers. Pricing accuracy is our top priority going forward,” stated Mannella.

2023 Audits (to date):

• 92 Overcharges (Prices at checkout were higher than shelf tags)
• 30 Undercharges (Prices at checkout were lower than shelf tags)
• 8 Missing shelf tags

Keep a watchful eye on your receipts to confirm prices match at checkout.

Sharing Services, Reducing Costs
After recently celebrating 10 years of shared services between the Genesee and Orleans County Health Departments, GO Health W&M started its fourth year of the cross county collaboration. Savings have exceeded $150,000 in W&M costs alone.

Press release:

On April 11th, the Genesee County Health Department Weights and Measures Department received a complaint from a customer that purchased fuel from the TA Travel Center (8420 Alleghany Road) in Corfu, NY on April 6, 2022. After purchasing fuel, the car sustained damaged due to a high level of water in the fuel.  

After further investigation by Weights and Measures, the TA Travel Center received a similar complaint on April 6, 2022 and completed an investigation. They found that there was water in the fuel tank above the New York State limit and the establishment immediately discontinued pulling fuel from the problem tank on April 7, 2022.

Customers are asked to contact the TA Travel Center at 585-599-4577 and to select option 4 if they purchased regular (87 octane) or mid-grade (89 octane) fuel at this station from April 6-7, 2022 and your vehicle required repairs. Proof of purchase and vehicle repair is needed to file the claim.

An effort to reduce the cost of the county's Weights and Measures program and generate new fees to help cover the costs of an inspector's duties got sidetracked last month when county officials found out state law wouldn't allow them to charge one of the fees on the new fee schedule.

It's called a "witnessing fee." It is charged when an inspector works at a facility with a third-party to certify the scales of a company that uses large equipment. The third-party calibrates the large scale when the county doesn't have its own equipment to calibrate large scales. The inspector must witness the work and place the seal on the equipment once it is certified as accurate.

Under Article 16 of the Ag and Markets Law, the county can charge this fee but another section says they can only charge a witnessing fee if it owns the calibration equipment.

Genesee County does not own this equipment and works with a company from Rochester to perform the inspections.

The County Legislature approved a plan at the beginning of the year to eliminate Weights and Measures as its own county department with its sole employee, the director of weights and measures. The division is now part of the County Health Department, under Director Paul Pettit, and the county's weight and measures "director" is a director in title only.  He is the inspector.

In January, the county hired an inspector and teamed him with a trainer from weights and measures. At his first large job, a firm in Genesee County that asked not to be identified, the inspector informed the owner he was going to charge the witnessing fee. The new inspector was told by both a rep from the Rochester firm and the owner of the local company that the fee wasn't legal.

That evening, the new inspector told his local supervisor that he couldn't charge the fee. The following day, a Friday, there was a snowstorm and the inspector says he was told he could stay home with his kids.

On Monday, the inspector was dismissed from his job. He said he believes it was because he refused to charge the witnessing fee. He said the official reason was he was given was an "attendance problem" but he doesn't believe he had an attendance problem.

Pettit said he can't discuss personnel issues.

He did acknowledge that it was through the inspection at the local company that the county was made aware of the contradiction in state law over the witnessing fee.

Pettit said the county has not charged the fee nor has it collected the fee. The dismissed inspector said he handed a bill with the witnessing fee to the local business owner. The owner said he refused the bill.

Pettit said the county and its attorneys are working with state officials to try and resolve the issue over witnessing fees, which a spokesperson for Ag and Markets confirmed, but Pettit thinks it will take a change in the state regulations in order for Genesee County (and Orleans County) to be able to charge a witnessing fee without owning its own equipment.

"This witnessing fee allows us to recoup some of the time spent out on the site by our director," Pettit said. "He might be out there two, four, six hours, depending on the intricacies of the test. If we're not able to collect the fee, the full cost of that test is being borne by the taxpayer."

Changes are coming to Weights and Measures in Genesee County.

Starting Monday, Weights and Measures will no longer be a stand-alone department of county government. There will be a single employee reporting to an environmental health supervisor in the Health Department.

Also, once approved by the Legislature, Genesee County will start charging fees for Weights and Measures services.

Paul Pettit, director of the Health Department, said Genesee County appears to be the only county that hasn't been charging for the service.

The new fee schedule will bring in about $25,000 annually.

"The fees do not fully compensate the full cost of the program," Pettit said. "It's a revenue offset."

Article 16 of the Ag and Markets Law requires counties to have a director of Weights and Measures. The new inspector will have the title of director but not the duties of a department head. The Health Department will handle budgeting and administrative work for the inspector.

The county is responsible for inspecting weight and measurement devices throughout the county, such as gas pumps and meat counter scales and similar devices where fees are charged based on weight or volume, except on the Tonawanda Indian Reservation, where there are no government inspection services.

Maybe you've seen those yellow stickers stuck to the gas pump by the county's department of Weights and Measures, and maybe—like me—you've asked yourself: What does that mean? Who is this Donald D. Luxon fellow? What is he measuring? What is his sticker worth and why can't it be detached? Earlier this week, I set out to answer those question.

Let's start with the easy answer: Weights and Measures weighs and measures. Very funny, you say. But it's true. OK, so let's back up then...

Donald Luxon is the department's director. He's been with them for nine years or so now, ever since he left Eastman Kodak Co. He admits to me that he wishes he had always had this job though. He loves it. And why shouldn't he? He gets out and works with people all over the county all year long. He gets to play with cool equipment, like tolerance measures and apothecary weights. Plus, he's a one-man show.

On a given day, you may find him out at the gas pumps of any station in the county, measuring fuel. It works like this: He fills a five-gallon can with each grade of gas and measures what his can tells him against what the pump tells him was just dispensed. If they match up, great. If they don't, well... it depends. If the pumps are issuing too much gas—that is, if it's in the customer's favor, Luxon can't shut it down. But you can bet, he says, that the station will have that fixed pretty quickly. If the pump is issuing less fuel than it says, then the station owner is notified and the pump can be shut down if it isn't fixed. Luxon tells me that he has never had to fine anyone before, and folks always fix a problem once they're aware of it.

(In case you're wondering: the pumps are permitted a tolerance of plus or minus six cubic inches per five gallons, which is about 1,155 cubic inches total.)

Often, too, Luxon will take samples of the gas that he then sends to a lab in New Jersey to be tested for octane and to make sure there isn't too much of this or that in the gasoline. He says that there's never once been a failure in Genesee County since he took over the job nine years ago.

Such work also gives you a pretty good handle on how the pumps work. Luxon says he often hears folks say that the temperature outside ought to be a clue on when folks should fuel up because the gasoline will either expand or contract depending on how cold or warm it is. Sure, that's true to an extent, he says. But most of the gas is in big tanks underground where there are no significant shifts in temperature. Whether it's hot or cold outside will only really affect about the first half gallon of gas that's in the tube that runs from the handle back into the tank.

Another rumor that turns out has some merit to it is that folks shouldn't fuel up when they see a tanker filling up the underground tanks. It's believed that in filling up those enormous tanks, the gasoline gets all jostled about and some of the sediment and particulates at the bottom of the tank get stirred up and can end up in your tank. That's true, too, to an extent, says Luxon. It's a fine rule of thumb to keep away from the pumps when you see they're being refilled, but if you do fill up at that time, the chances that you'll get the crud in your tank are pretty slim.

Luxon's job isn't all about the gas pumps, though. He also checks other tanks: milk tanks. Just as often as he'll head out to a gas pump, he'll head to a dairy farm to make sure that a 10,000 gallon milk storage tank is really holding 10,000 gallons.

That's the measures side of the gig, but Luxon also does a lot with weights. In fact, he checks every single scale in every grocery store, quarry and pharmacy in the county: whether it's used to weigh a tomato, a trucker's haul, a slice of head cheese, a flank steak or a dose of valium.