Comptroller audit: Counties don't check prices, scales

ALBANY, N.Y. (NEXSTAR) — State Comptroller Thomas DiNapoli released a new report during the first week of September. It showed that 10 counties—and perhaps all of New York—failed to protect consumers, exposing them to potential overcharges by not verifying the accuracy of measuring devices that decide retail prices.

The audit covered Jan. 1, 2022 to Sept. 30, 2023, and aimed to study weights, scales, and technology like:

• Computing and platform scales used by delis and grocery stores
• Vehicle scales from concrete and asphalt suppliers
• Linear measuring devices in hardware and fabric stores
• Pumps at gas stations
• Timing devices from car washes and tanning salons

Consumers in the 10 counties audited—Greene, Jefferson, Madison, Nassau, Niagara, Orange, Seneca, Tompkins, Washington, and Wyoming—spent about $8.3 billion in local grocery stores during that time frame.

Grocery spending per capita
Greene	$2,866
Jefferson	$4,595
Madison	$2,489
Nassau	$3,337
Niagara	$3,861
Orange	$3,410
Seneca	$3,189
Tompkins	$3,096
Washington	$1,302
Wyoming	$2,769

Per the audit, those counties should do more to verify pricing and measurements. DiNapoli said that consumers expect fair pricing, and irregular checks or faulty machinery might force New Yorkers to pay more than the going rate for necessary items. The audit detailed that:

• Out of nearly 1,800 devices inspected, 24% were not checked
• Out of 10 counties audited, only Greene had a local law regulating price accuracy checks
• Eight counties had no regular price checks
• Five did not conduct any price checks at all
• Regular checks in Jefferson and Niagara Counties found discrepancies 20% to 31% above sticker prices
• Understaffed counties couldn't conduct required inspections or even reach business owners
• Four departments lacked records for about 34% of consumer complaints

DiNapoli said, “Our audit found that counties need to step up their efforts to protect consumers and routinely test these devices and check that consumers are getting what they pay for.” His office concluded the report with recommendations for counties in New York to protect their residents:

• Create rules for regular price checks
• Inspect required weighing and measuring devices
• Keep full records of all complaints
• Test fuel octane ratings
• Review and update a master list of businesses every year
• Work with businesses to correct problems

From 2019 to 2023, food prices increased by 25%, more than housing and medical care. In 2022, food prices grew at the fastest rate since 1979. Although growth slowed down in 2023, average at-home food costs were still 5% higher than in 2022. The average yearly increase over the past 20 years was only 2.5%.

American people and businesses spent $2.6 trillion on food and drink in 2023. While farm expenses influence retail food costs, spending on processing or sales has an even greater effect on prices at stores or restaurants. Supermarkets might vary prices from month to month, but they usually increase very little from year to year.

That's why, "Our affordability crisis should be near the top of the list of priorities," according to New York State Assembly GOP leader Will Barclay. "In New York, we have seen especially challenging economic conditions due to inflation."

Barclay drew attention to S3124/A1690, the Republican "Inflation Relief and Consumer Assistance Plan" that never made it to the floor of the Assembly or the State Senate. It would have modified sales tax for some of the products affected by unbalanced scales, as outlined by DiNapoli. Those include sales tax exemptions for:

• Motor fuels
• Housekeeping supplies
• Personal care products
• Ready-to-eat foods from grocery stores, restaurants, diners, taverns, food trucks, and food courts