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"Everything which is not forbidden is allowed".

Sure. Massachusetts forbids you from operating a commercial service that charges based on the readings of measuring equipment that does not meet the standards of the Department of Weights and Measures. Taxi meters do. Standard car odometers don't. You can calculate with an abacus or an Apple, but your market fruit scale has a seal indicating that it was inspected and passed.

Your gasoline is measured by pumps similarly inspected. The pump at the dairy that fills gallon jugs is inspected. You can pay with barter, coins or large stones, as long as the negotiation is acceptable to both parties -- and when you pay for eight pounds of foie gras, you'd better be getting it weighed from an inspected scale.



OK, but how does MA decide which equipment is considered a measuring device used for trade? Are grocer's scales and gas pump meters a special case that's explicitly regulated, or is anything that (a) takes a measurement while (b) in the path of a transaction regulated?

My supermarket sells cheddar for $8/pound. When they take some cheese and price it, the scale that decides it's 8 oz of cheese is a regulated scale.

But my co-worker's friend sells D&D dice for $5/cupful. Is that cup a measuring device that would technically need to be certified by DWM for trade use?

And if not, what is the bright-line test for whether the Uber app is a cup or a scale?


I think there's some interesting sociology / anthropology tied up in this.

Reading through the MA regs, it looks like they primarily regulate:

-- Scales of all kinds -- Volumetric measurements for petroleum products and dairy products -- Taxi meters -- other commerce tools (grocery store scanners, change machines, bottle/can refund machines, etc)

It's a truism that weight is a much more accurate way to specify products than volume, which is why even liquids like self-serve soup at the grocery store are sold by mass, not volume.

However, we are historically used to buying gasoline, milk and ice cream by the gallon or liter, not the pound or kilo. It's also interesting that milk and ice cream are the fluids mentioned besides petroleum products in the state code -- we give dairy products a very special place in our culture. In Massachusetts, a 1967 law actually makes it illegal for stores to give away free milk!


The dice are possibly outside the purview of the MA Board of Commercial Tariffs and Sales, or whatever the heck it's called, which likely has a long list of all the products it cares about and the correct way for a merchant to measure them. If you were selling the dice by weight, you may in fact need to buy an approved scale and have it inspected periodically to comply with the law.


Verizon sells me internet access with different prices for different speeds. I would like to know how those speeds are measured and with what kind of device: theoretical max? average for one minute? average for 5 minutes?




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