Texas Dept. of Agriculture

TDA Weights, Measures & Scales

The Texas Department of Agriculture has recently focused its attention on the Weights and Measures Division and begun to conduct random inspections on businesses that use commercial scales. According to TDA laws and rules, all businesses that sell items to consumer based on the unit’s measure (for example selling food by the pound) must have a scale that is “legal for trade” and that scale must be registered with TDA. Recently, TDA has focused much attention and resources on the restaurant industry. So, if you are a BBQ restaurant, salad restaurant, yogurt shop, coffee shop, or any other type of food establishment that sells food based on weight, TDA is watching you closely.

While the weights and scale registration requirements have been the law in Texas for many years, never before has there been a direct focus on restaurants nor has TRA ever heard from its members, until now, of TDA inspectors showing up and doing spot inspections relating to scale registrations. To make matters even more difficult for many restaurants and food operations, TDA rules require scale registration stickers be “in plain sight, legible to, and physically accessible to the average consumer of weighted or measured products sold or offered for sale at the registered location.”

TRA has met with TDA on two separate occasions to learn more about their scales initiative and raised some serious concerns about the visibility issue. TDA asked TRA to draft language (for a policy, rule, regulation or statute) that would address the issue of the visibility of a scale’s registration certificate to the consumers. Please contact TRA if TDA has been to your restaurant and inquired about scale registration and scale compliance.

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Summary of TDA Administrative Code on Weights & Measures 

Weights & Measures Scale Registration Application

TDA Commercial Scale Information

TDA Penalty Matrix