The Illinois Weights and Measures Act and the Department of Agriculture’s implementing rules apply to all sales of commodities within the state. The purpose of the act is to ensure accurate measurement and delivery of wholesale and retail commodities. Direct farm business, therefore, must make sure that any instruments and devices used in commerce for weighing and measuring comply with the provisions of this act.

Commodities in liquid form must only be sold by liquid measure or by weight. All other commodities must be sold only by weight, by measure of length and area or by count, except for vegetables sold by the head or bunch. (225 ILCS 470/23).

Bushels of agricultural commodities must meet the requirements established by the Department of Agriculture. (225 ILCS 470/52). The Standard Weight per Bushel for Agriculture Commodities can be found here. All other Illinois Standard Weights and Measures can be found here.

Pre-packaged commodities must identify on the outside of the package (1) the commodity in the package, (2) the net quantity of the contents in terms of weight, measure or count, and (3) the name and the place of business of the source of the commodity if sold elsewhere than on the premises where it was packed. (225 ILCS 470/24).

Any commercial weighing and measuring device must be marked with the name of the manufacturer and the serial number (225 ILCS 470/36) and must have been issued a Certificate of Conformance by the National Conference on Weights and Measures which signifies that the device complies with the requirements of the National Institute of Standards and Technology’s Handbooks. (225 ILCS 470/30). To find out if a device is certified by the NCWM enter the requested criteria into the NTEP Certificate Database Search.

Inspectors from the Department of Agriculture may make inspections of commercial weighing and measuring devices at any time. (225 ILCS 470/10). The inspection fees vary depending on the type and size of the device. If the device is found not to be in compliance with the Act, the inspector may order that the device be corrected or confiscated and destroyed. (225 ILCS 470/14). Use of devices that are either incorrect or uncertified could incur fines of no less than $500 for the first offense, $1500 on a second offense, and no less than $2500 for a third offense. (225 ILCS 470/56).

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