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Published: March 30, 2010
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On March 29, 2010, the National Conference on Weights and Measures announced the findings of a voluntary multi-state investigation, revealing significant overcharges due to incorrect package weights on some frozen seafood products.

The multi-state investigation included Alaska, California, Colorado, Connecticut, Florida, Illinois, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, North Carolina, New York, Ohio and Washington in January and February of this year.

In Connecticut, the Department of Consumer Protection review included packaged seafood from 20 different grocery locations statewide, including major grocery chains and independent grocers.

“We tested 52 different seafood products and exactly half of them failed, in that the packages contained less actual product in weight than was labeled,” Agency Commissioner Jerry Farrell, Jr. said. “Excess ice made up the difference, which on average was 4.5% per package. If you’re buying a 5-pound bag of shrimp at $6.00 a pound, but a quarter pound is just ice, you’re really paying $6.31 a pound for the shrimp you get.”

Inspectors removed all packages of the 26 failed products from sale. In all, 847 packages of short-weight seafood were taken off sale. The actual dollar cost of the shortages ranged from just two cents to $1.95 per package.

“On average, a customer buying one of these short-weight packages would pay 50 cents on just ice, so the economic impact of just the 847 packages we removed was more than $425.00,” Farrell said. “These short-weights are grossly unfair to the consumer, and quickly add up. No one should be paying for excess ice on frozen seafood,” he said.

Connecticut has adopted National Institute of Standards and Technology (NIST) standards for verifying how much the actual seafood weighs (the net weight). Ice and glazing in seafood packages is not allowed to be counted in the net weight of the product.

According to Judy Cardin, Weights and Measures Chief for the Wisconsin Department of Agriculture, Trade and Consumer Protection "In Wisconsin, inspectors in some cases found ice comprising over 40 percent of the product weight, which meant an overcharge of over $6.00 per package. Wisconsin inspectors removed 546 packages of seafood from sale at 53 locations during the investigation."

In addition to removing short weight packages from sale, Wisconsin plans further enforcement for the worst offenders. Packers apply ice glazing shortly after the seafood catch, and grocery stores are sometimes unaware of actual percentage of glazing added to a product.

Of the seventeen states that participated in the investigation, only Alaska was found to have zero violations.

"For Alaska's involvement, we tested 82 lots of 14 brands at nine locations with zero violations," stated Dan Breeden, director of the Alaska Department of Transportation and Public Facilities (DOT&PF), Division of Measurement Standards and Commercial Vehicle Enforcement, the state department involved in the study. "In Alaska the division works with producers, packers, processors, and wholesalers to ensure restaurants, retailers, and customers are not cheated. We have an effective package testing program, and a regulatory cooperative partnership with industry in Alaska. I was informed that Alaska was the only participating state with a positive finding."

The investigation was prompted by the National Fisheries Institute, a seafood industry association, due to growing concern that reduced funding for weights and measures inspection programs may be tilting the playing field in favor of dishonest businesses. The study revealed that some packers are including the weight of ice glazing in the labeled weight for the seafood, which is prohibited by state and federal law.

"Unfortunately a few unscrupulous companies are looking for ways to increase profits by defrauding consumers with deceptive practices, making it impossible for honest businesses to compete," said Lisa Weddig, NFI Director of Regulatory and Technical Affairs. "Consumers, retailers and restaurants shouldn't have to pay seafood prices for ice."

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