Title 70 Pa. Code — Weights, Measures and Standards

Part I Weighmasters

Chapter 2 General Provisions

70 Pa. Code § 2.1 Definitions.

The following word and terms, when used in this title, have the following meanings, unless the context clearly indicates otherwise: ASTM—The American Society of Testing and Measurement. Act—The Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194. Bureau—The Bureau of Ride and Measurement Standards in the Department. CEWM—Certified Examiner of Weights and Measures—An individual who has successfully completed the training courses prescribed by NIST and approved by the Department in accordance with § 4.6 (relating to training courses), and who holds a current certificate issued by the Department in accordance with the certification standards in this chapter. CEWM certificate—A document issued by the Department to a particular person to evidence that the named individual is a CEWM. Certified UPC/PLU inspector—An individual who is certified by the Department as meeting the training and application requirements of Chapter 5 (relating to UPC scanning systems and PLU devices) and who is lawfully qualified to inspect UPC scanning systems and PLU devices for purposes of the testing and inspections required under section 4112(c) of the act (relating to general testing and inspections). Commodity—Anything such as goods, wares, merchandise, compound mixture or preparation, products of manufacture or tangible personal property which may be lawfully kept, sold or offered for sale or a product being transported by vehicle and sold or priced by weight, or a service priced by weight. Commodity in package form—

(i) A commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale exclusive of auxiliary shipping container enclosing packages that individually conform to the requirements of the act.

(ii) An individual item or lot of any commodity not in package form but on which there is a marked selling price based on an established price per unit of weight or measure will be construed to be a commodity in package form. Consumer package or package of consumer commodity—A commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions and which usually is consumed or expended in the course of consumption or use. Commercial feed facility—Each separate mill or plant, whether fixed or mobile, or distributor of commercial feed or customer-formula feed, as those terms are defined in 3 Pa.C.S. § § 5101—5115 (relating to the Commercial Feed Act). Commercially used weighing and measuring devices—

(i) Weights and measures used in determining the weight, measurement or count of commodities or things sold, offered for sale or exposed for sale on the basis of weight, measure or count, or in computing the basic charge or payment for services rendered on the basis of weight, measure, count or time.

(ii) The term also includes UPC scanning systems and PLU devices used to determine the amount due with respect to commodities or things sold, offered for sale or exposed for sale. Cord—The amount of wood that is contained in a space of 128 cubic feet when the wood is racked and well stowed when used in connection with wood intended for fuel purposes. Department—The Department of Agriculture of the Commonwealth. Director—The Director of the Bureau. Domestic consumers—Consumers in residences, apartment houses, stores, churches, office buildings and similar edifices, as distinguished from industrial plants. Field standards—A standard that is calibrated against a reference standard, and is routinely used to calibrate or check material measures, measuring instruments or reference materials. Food Act—31 P. S. § § 20.1—20.18. Food establishment—

(i) A retail food store and a room, building or place or portion thereof or vehicle maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing or transporting or handling food.

(ii) The term includes those portions of public eating and drinking licensees which offer food for sale for off-premises consumption, except those portions of establishments operating exclusively under milk or milk products permits. Inspector or State inspector—A State inspector of weights and measures. Intrastate commerce—Commerce or trade that is begun, carried on or completed wholly within the limits of this Commonwealth. Introduced into intrastate commerce—The time and place at which the first sale or delivery, or both, of a commodity is made within this Commonwealth, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser. Licensed public weighmaster—A person holding a valid weighmaster’s license issued in accordance with section 4151 of the act (relating to licenses) and Chapter 8 (relating to training program for inspectors and sealers), and authorized to issue weighmaster’s certificates. Light fuel oils—Kerosene, number one fuel oil, number two fuel oil, number three fuel oil and any similar oil used for domestic heating as distinguished from heavy industrial oils. Memorandum of understanding—A written agreement pursuant to which the Department delegates to a city or county all or a portion of the enforcement duties and responsibilities assigned the Department under section 4121(a) of the act (relating to powers and duties of director and inspector) and this chapter, and that is otherwise in conformance with section 4125 of the act (relating to division of responsibilities). NCWM—The National Conference on Weights and Measures. NIST—The National Institute of Standards and Technology. Nonconsumer package or package of nonconsumer commodity—A commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only. OIML—The International Organization of Legal Metrology. Office standards—A complete set of copies of the State primary standards of weight and measure kept by the State Metrology Laboratory. PLU—Price look-up—A pricing system where numbers are assigned to items or commodities, and the price is stored in a database for recall when the numbers are manually entered. PLU codes are used with scales, cash registers and point-of-sale systems. PLU device—Price look-up device—A device that can access a database price file. The term includes bar code beam or contact scanners, Optical Character Recognition (OCR) scanners or readers, magnetic scanners or readers, alpha or numeric, or both, keyboards, voice response systems and computer-based retail price retrieval systems. PLU system—Price look-up system—A computer-based retail price retrieval system. Person—A corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person. Private certification program—A program under which a Certified UPC/PLU Inspector inspects a commercially used UPC scanning system or PLU device at least annually on an unannounced basis, and which otherwise conforms with section 4112(c) of the act and Chapter 5. Public eating and drinking place—

(i) A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge, or a place which otherwise conforms to the definition in section 1 of the Public Eating and Drinking Place Law (35 P. S. § 655.1).

(ii) The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn. Public Eating and Drinking Place Law—The act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. § § 655.1—655.13). Public weighing—The weighing of any commodity for any commercial purpose. Scanning system—A general term for any of the several types of PLU technologies capable of communicating with a database price file or retail price retrieval system. The term includes hardware, software and supporting computer systems. Sealer—A sealer or deputy sealer of weights and measures of a city, county or joint city-county jurisdiction. Secretary—The Secretary of the Department. Sell or sale—Barter and exchange. Single service device—A device that is designed to be used commercially only once and then discarded. Solid fuel—Anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, carbon, charcoal or any other natural, manufactured or patented fuel not sold by liquid or metered measure. State Metrology Laboratory—The Pennsylvania Standards Laboratory within the Department of General Services, having custody of the State standards of weight and measure and of other standards and equipment provided for by the act. State standards—Standards of weight and measure which conform with the standards of the United States, which have been certified as being satisfactory for use as the State standards by NIST, which are maintained at the State Metrology Laboratory and which otherwise conform with section 4106 of the act (relating to state standards of weight and measure). Type—A class the individual objects of which are similar to another in design construction, size and material. UPC scanning system—A scanning system capable of reading UPC symbology and reflecting the information represented by that symbology in the price a person pays for commodities or things sold, offered for sale or exposed for sale. UPC/PLU inspector’s certificate—A document issued by the Department to a particular person to evidence that the named individual has successfully completed the training necessary for the person to be qualified to inspect UPC scanning systems and PLU devices for purposes of section 4112(c) of the act. UPC—Universal product code—A general term for any of several types of bar code symbology. The term may refer to various versions of symbology developed by the Uniform Code Council, including UPC versions A or E of the Uniform Code Council: Codes 2 of 5, 3 of 9, 128 or any others available now or in the future. Use in trade or commerce—Buying or selling goods, wares, merchandise or services. Vehicle—A device in, upon or by which any property, produce, commodity or article is or may be transported or drawn. Weights and measures—Weights and measures of every kind, instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such instruments or devices.

(i) The term includes the following: parking meters, postal scales and other scales used to determine shipping charges, pill counters, grain moisture meters, coin-operated person weighers, coin-operated air dispensers and coin-operated axle and vehicle scales.

(ii) The term also includes PLU devices and UPC scanning systems in food establishments required to be licensed in accordance with the Food Act.

(iii) The term does not include portable scales used to determine compliance with 75 Pa.C.S. Chapter 49 (relating to size, weight and load), meters for the measurement of electricity, gas, natural or manufactured, steam, coolant or water or the counting or timing of telephone calls when the same are operated in a public utility system or taxi meters. These portable scales, electricity, gas, steam, coolant, water and telephone meters and taxi meters are specifically excluded from the purview of the act and none of the provisions of the act apply to these meters or to any appliances or accessories associated therewith.

The provisions of this § 2.1 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.

The provisions of this § 2.1 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial pages (255617) to (255621).

History

• Authority: The provisions of this § 2.1 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 2.1 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial pages (255617) to (255621).

70 Pa. Code § 2.2 Contacting the Department.

For purposes of this title, a person may contact the Department at the following address:

Department of Agriculture Bureau of Ride and Measurement Standards 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408 Telephone Number: (717) 787-9089 FAX Number: (717) 783-4158

History

• Authority: The provisions of this § 2.1 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 2.1 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial pages (255617) to (255621).

Chapter 4 Certified Examiners of Weights and Measures

70 Pa. Code § 4.1 Purpose.

This chapter sets forth the certification standards required under section 4110(a)(4) of the act (relating to specific powers and duties of the department; regulations), under which the Department may approve training courses and certify a person as a CEWM for purposes of the act.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.2 CEWM.

A person may apply to the Department for certification that the person is a CEWM for purposes of the act and this title, with respect to one or more of the categories or types of weighing or measuring devices in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.3 Authority of a CEWM.

(a) General. A CEWM may perform the annual testing and inspection of any weighing or measuring device which the Department is required to perform under section 4112(b) of the act (relating to general testing and inspections), and is listed in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect), and with respect to which the CEWM is certified. A CEWM may inspect these weighing and measuring devices regardless of whether the CEWM is the owner or lessor of the devices or is an employe or agent of the owner or lessor of the devices. The Department may accept the report of a CEWM as sufficient to meet the statutory testing and inspection requirements in section 4112(b) of the act.

(b) Fees. A CEWM may charge a fee for inspection and testing services.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.4 Categories and types of weighing or measuring devices which a CEWM may inspect.

The categories and types of weighing or measuring devices with respect to which a person may be certified as a CEWM are as follows:

(1) Small capacity retail computing scales.

(2) Retail package shipping scales.

(3) Vehicle scales.

(4) Small platform scales which weigh items to 1,000 pounds.

(5) Truck-mounted fuel oil meters.

(6) Truck-mounted liquid petroleum gas meters.

(7) Compressed natural gas meters.

(8) Retail motor fuel dispensers.

This section cited in 70 Pa. Code § 4.2 (relating to CEWM); 70 Pa. Code § 4.3 (relating to authority of a CEWM); 70 Pa. Code § 4.6 (relating to training courses); 70 Pa. Code § 4.14 (relating to inspection and testing by the Department); and 70 Pa. Code § 8.3 (relating to training and certification with respect to individual types of weighing and measuring devices).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.5 Certification standards.

A person seeking a CEWM certificate from the Department shall do the following:

(1) Successfully complete a training course prescribed by NIST for the category or type of weighing or measuring device with respect to which the certificate is sought.

(2) Comply with the application and other requirements of this chapter.

This section cited in 70 Pa. Code § 4.6 (relating to training courses).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.6 Training courses.

(a) NIST training courses. Under section 4110(b) of the act (relating to specific powers and duties of department regulations), a training course now or hereafter prescribed by NIST for a particular category or type of measuring or weighing device listed in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect) is an appropriate training course for the subject category or type of weighing or measuring device.

(b) Obtaining a list of current NIST training courses. The Department will provide a current list of NIST training courses and the category or type of weighing or measuring device with respect to which each course is applicable upon request.

(c) Publication of list. The Department will update or revise the list of NIST courses referenced in subsection (b) by publishing notice describing this update or revision in the Pennsylvania Bulletin. The notice will include the course name and the category or type of weighing or measuring device, and indicate whether the course is being added or deleted.

(d) Effect of addition of a course to list of courses. If a course is added to the list described in subsection (c), a person who has successfully completed that course within 2 years prior to its inclusion on the list will be deemed to have completed the course requirement of the certification standards in § 4.5(1) (relating to certification standards).

This section cited in 70 Pa. Code § 2.1 (relating to definitions); 70 Pa. Code § 4.8 (relating to applying for certification); and 70 Pa. Code § 8.3 (relating to training and certification with respect to individual types of weighing and measuring devices).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.7 Audit by Department.

The Department may attend and audit an approved training course to ascertain whether the course is conducted in accordance with the act and in conformity to NIST standards or applicable standards of the Department and the program syllabus. A person offering or conducting an approved training course shall, at least 7 days in advance of conducting an approved training course, mail or deliver to the Department written notification of the date, time and location of the training course. A person offering or conducting an approved training course shall allow the Department’s auditors entry to the program and provide copies of course materials.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.8 Applying for certification.

(a) Application required. A person who is at least 18 years of age and has successfully completed a training course prescribed by NIST and described in § 4.6 (relating to training courses) may apply to the Department for a CEWM certificate. Certification is granted through issuance of the certificate described in § 4.9 (relating to CEWM certificate).

(b) Form of application. A person seeking certification under the act may obtain an application form from the Department at the address in § 2.2 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:

(1) The name, mailing address and birth date of the person seeking a certificate.

(2) The name, location and date of completion of any approved training course completed by the person seeking a certificate.

(3) A copy of any certificate of completion with respect to the approved training course.

(4) The category or type of weighing or measuring device with respect to which the certificate is sought.

(5) A detailed description of the equipment the person seeking the CEWM certificate will use in conducting inspections of the weighing or measuring devices of the category or type with respect to which certification is sought, with copies of applicable verifications of accuracy, inspection records and other documentation demonstrating the equipment is adequate and meets the requirements of § 6.3 (relating to field standards).

(6) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.

(7) The date of the application.

(8) Other information the Department might reasonably require.

(c) Departmental action on application. The Department will, within 30 days of receiving an application and the application fee, mail the applicant a certificate, a disapproval notice or a request for additional clarification or documentation. If the Department requests additional clarification or documentation, its review and consideration of the application will cease until the requested material is received, at which time the 30-day review period shall begin again.

This section cited in 70 Pa. Code § 4.11 (relating to obtaining a new CEWM certificate); and 25 Pa. Code § 4.15 (relating to suspension or revocation of certification).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.9 CEWM certificate.

(a) Form of CEWM certificate. The Department will format the CEWM certificate into an identification card sized document, so it may be carried conveniently on a CEWM’s person while performing inspections or tests under authority of that certificate.

(b) Contents of CEWM certificate. A CEWM certificate will bear the following information:

(1) The name of the person to whom it is issued.

(2) The category or type of weighing or measuring device with respect to which the person is certified.

(3) The expiration date of the certificate, which, in accordance with § 4.10 (relating to expiration of CEWM certificate), shall be 3 years from the date of issuance.

(4) A unique identification number.

(5) A photograph of the person to whom it is issued.

(6) A statement that the Department has determined the person identified on the certificate to be a ‘‘Certified Examiner of Weights and Measures’’ with respect to the category or type of weighing or measuring device identified on the certificate.

(7) Other information the Department might reasonably include.

(c) Ownership of CEWM certificate. A CEWM certificate issued by the Department will remain the property of the Department. A CEWM or other person having physical possession of a CEWM certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.

(d) Obligation to produce CEWM certificate for inspection. A CEWM shall have the CEWM certificate with him whenever performing inspections or tests under authority of that certificate, and shall produce the certificate for inspection upon demand by the Department or any person on whose behalf the CEWM is performing the inspection or test.

This section cited in 70 Pa. Code § 4.8 (relating to applying for certification).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.10 Expiration of CEWM certificate.

A CEWM certificate will be valid for 3 years from the date it is issued, unless it is suspended or revoked earlier in accordance with the procedures in § 4.15 (relating to suspension or revocation of certification).

This section cited in 70 Pa. Code § 4.9 (relating to CEWM certificate).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.11 Obtaining a new CEWM certificate.

(a) No renewals: new certificate required. The Department will not renew a CEWM certificate or extend the expiration date of a certificate. A person shall, instead, apply for and obtain a new CEWM certificate in accordance with § 4.8 (relating to applying for certification) to remain a CEWM.

(b) Training course. A person who is applying for certification applicable to a category or type of weighing or measuring device with respect to which the person is or has been a CEWM shall have successfully completed one of the following within 2 years of the date of the application form:

(1) A training course as described in § 4.6 (relating to training courses) applicable to that same category or type.

(2) A training course developed and approved by the Department applicable to that same category or type. The Department will publish a list of these approved training courses in the Pennsylvania Bulletin, and update this list to keep it current.

(c) Timing of application. A person may apply for a CEWM certificate at any time. A current CEWM who seeks to avoid any lapse in certification is encouraged to apply for certification at least 60 days in advance of the expiration date of his current certificate.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.12 Testing and inspection performance standards.

The Department will use applicable NIST standards as the testing and inspection performance standards of the Department.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.13 Reporting procedures for CEWM.

(a) Inspection report form required. A CEWM shall prepare and submit to the Bureau an inspection report form, describing all of the weighing or measuring devices inspected at a particular location on a particular date.

(b) Preparation and expense of acquiring forms. The Department will provide a sample inspection report form upon the request of a CEWM. This sample form may be copied at the CEWM’s expense.

(c) Contents of inspection report form. A completed inspection report form shall contain the following information:

(1) The printed name of the CEWM.

(2) The identification number of the CEWM. This number appears on the CEWM certificate.

(3) The date of the inspection.

(4) The location of the inspection.

(5) The category or type of each weighing or measuring device inspected.

(6) The manufacturer, model and serial number of each device inspected.

(7) A description of any defects or deficiencies in the weighing or measuring device inspected, and whether they have been repaired or rectified.

(8) A statement of whether the weighing or measuring device is in compliance with applicable NIST performance standards.

(9) Comments or explanations the CEWM deems necessary for clarity.

(10) The signature of the CEWM.

(d) Distribution of forms. A completed inspection report form shall be distributed as follows:

(1) The CEWM shall distribute the original of this form to the owner of the weighing or measuring device inspected, or to a responsible person at the site where the inspection occurred.

(2) The CEWM shall forward a copy of this form to the Department by mailing or delivering it to the Department by the 10th day of the month immediately following the month the inspection was conducted. Delivery may be accomplished by electronic means such as modem transmission/e-mail or fax machine. If delivery is accomplished by FAX machine, the CEWM shall retain the transmittal receipt as proof of compliance with this requirement.

(3) The CEWM shall retain a copy of this form and any transmittal receipt evidencing delivery of the form to the Department for at least 3 years from the date the testing and inspection services are performed.

(e) Prompt report of inaccurate devices.

(1) In addition to the other reporting requirements of this section, a CEWM shall promptly report any commercially used weighing and measuring device that the CEWM finds, upon inspection, does not conform with applicable NIST performance standards or is otherwise unsuitable for commercial use.

(2) This report shall:

(i) Provide the location of the device.

(ii) Identify the device by name, model number and serial number.

(iii) Describe the deficiency.

(iv) State the date and time of the CEWM’s inspection.

(3) This report shall be faxed or delivered to the Department at the address in § 2.2 (relating to contacting the Department) within 48 hours of the CEWM’s inspection.

This section cited in 70 Pa. Code § 7.4 (relating to report by inspectors).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.14 Inspection and testing by the Department.

(a) Random inspection and testing. In accordance with section 4110 of the act (relating to specific powers and duties of the department; regulations), the Department will conduct random inspection and testing of a sample of devices that have been inspected and tested by a CEWM to determine whether the CEWM conducted the inspection and testing in accordance with the act and this chapter. This random inspection and testing will include a representative sample of each of the types of weighing and measuring devices in § 4.4 (relating to categories and types of weighing or measuring devices which a CEWM may inspect).

(b) Inspections generally. In addition to the random inspection and testing described in subsection (a), the Department may conduct inspection and testing of any device that has been inspected and tested by a CEWM.

(c) Time lapse affecting results. In evaluating the inspection and testing performed by the CEWM, the Department will take into account any lapse of time between an inspection performed by the Department and the inspection performed by the CEWM.

(d) Reporting of results. Within 30 days following a random inspection, the Department will mail the CEWM written notice of the inspection and the results of that inspection.

(e) Use of results. The Department may use the results of its inspection and testing to suspend or revoke the certificate of a CEWM in accordance with § 4.15 (relating to suspension or revocation of certification), or as the basis for a warning or instruction directed to the CEWM.

This section cited in 70 Pa. Code § 4.15 (relating to suspension or revocation of certification).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.15 Suspension or revocation of certification.

(a) Basis for action. The Department may suspend or revoke a CEWM certificate if the certificateholder does one or more of the following:

(1) Violates a provision of this chapter.

(2) Violates a provision of the act.

(3) Violates an applicable NIST standard, unless that standard is inconsistent with the act or this chapter.

(4) Intentionally or fraudulently reports inaccurate information on an inspection report form.

(5) Is found, following inspection and testing by the Department in accordance with § 4.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed testing and inspections of the category or type of weighing or measuring device with respect to which the certificate was issued.

(b) Notice. The Department will provide a CEWM with written notice of its intention to suspend or revoke certification, which will afford that person notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.

(c) Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected certificateholder by personal service or by regular mail to the address provided by the certificateholder on his application for certificate under § 4.8 (relating to applying for certification), or to the address most recently provided to the Department in writing by the CEWM as the address to which notices should be sent.

This section cited in 70 Pa. Code § 4.10 (relating to expiration of CEMW certificate); and 70 Pa. Code § 4.14 (relating to inspection and testing by the Department).

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.16 CEWM list.

(a) CEWM list to be maintained. The Department will maintain a current CEWM list containing the following information with respect to each CEWM:

(1) Name and address.

(2) Telephone number.

(3) Fax number (if available).

(4) Each category or type of weighing or measuring device with respect to which the CEWM is certified.

(5) The expiration date of certification.

(6) The unique identification number of the CEWM’s certificate.

(b) Distribution of copies. The Department will provide a copy of the current CEWM list upon request.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 4.17 Civil penalties.

(a) General. The Department may assess a civil penalty of up to $10,000 against a person that violates the act or this chapter. In determining the amount of a civil penalty, the Department will consider the gravity of the violation.

(b) Notice. The Department will provide a person written notice of a violation of the act or this chapter and an opportunity for an administrative hearing on the violation prior to the imposition of a civil penalty.

(c) Warning. If the Department determines a violation did not cause harm to the public interest, the Department may issue a warning in lieu of assessing a civil penalty.

History

• Authority: The provisions of this Chapter 4 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194, unless otherwise noted.
• Source: The provisions of this Chapter 4 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

Chapter 5 UPC Scanning Systems and PLU Devices

70 Pa. Code § 5.1 Purpose.

Section 4112(c) of the act (relating to general testing and inspections) requires the inspection of all commercially used UPC scanning systems and PLU devices within this Commonwealth by June 30, 1999, and thereafter at intervals of no greater than 12 months. It is the purpose of this chapter to accomplish the following:

(1) Establish the Department’s specifications, tolerances and procedures with respect to the inspection of UPC scanning systems and PLU devices, and supplant Chapter 39 (Reserved) as authorized in section 4112(d) of the act.

(2) Identify the minimum level of training necessary for a person to be qualified to inspect UPC scanning systems and PLU devices.

(3) Establish a procedure by which a person may apply to the Department to become a certified UPC/PLU inspector.

(4) Prescribe a procedure under which the Department can review inspections performed by certain certified UPC/PLU inspectors and revoke or suspend certification.

(5) Establish minimum requirements for the ‘‘private certification programs’’ referenced in section 4112(c) of the act.

(6) Otherwise comply with section 4112(d) of the act.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.2 Requirement of annual testing and inspection.

(a) General requirement. The Department will, by June 30, 1999, and within every 12-month period thereafter, inspect and test each commercially used UPC scanning system and PLU device in this Commonwealth to ascertain if it is correct, unless the system or device is inspected by a city or county sealer, as described in subsection (b), or the system or device is exempt from inspection, as described in subsection (c).

(b) Delegation of inspection responsibilities. The Department may assign responsibility for conducting the testing and inspections described in subsection (a) to a city or county by a memorandum of understanding between the Department and the city or county entered into in accordance with section 4125 of the act (relating to division of responsibilities).

(c) Exemption for UPC scanning systems and PLU devices inspected by a private certification program. A commercially used UPC scanning system or PLU device shall be exempt from the annual testing and inspection described in subsection (a) if all of the following occur:

(1) The system or device is inspected at intervals of no greater than 1 year.

(2) The inspection is unannounced.

(3) The inspection is conducted as part of a private certification program.

(4) The private certification program has registered with the Department in accordance with § 5.21 (relating to registration).

(5) The certified UPC/PLU inspector conducting the inspection on behalf of the private certification program files a price verification inspection report with the Department in accordance with the procedure described at § 5.12 (relating to inspections: reporting procedures).

(6) The private certification program meets the requirements of this chapter.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.3 Testing and inspection standards.

(a) Standards. The ‘‘Examination Procedures for Price Verification’’ adopted by NCWM in Publication No. 19 (August 1995), or any subsequent amendment thereof, are hereby adopted as the specifications and tolerances of the Department with respect to commercially used UPC scanning systems and PLU devices.

Example: A certified UPC/PLU inspector shall evaluate ‘‘errors’’ and the ‘‘accuracy’’ of UPC scanning systems and PLU devices in accordance with the ‘‘Examination Procedure for Price Verification’’ in NCWM Publication No. 19 (August 1995), which requires that a UPC scanning system or PLU device have an accuracy rate of 98% or higher to ‘‘pass’’ an inspection.

Example: A certified UPC/PLU inspector shall verify the price of sale items by allowing the sales clerk to determine the price of the item using the store’s customary procedures, including manually entering discounts, in accordance with Paragraph 7.3, Note 3, of the ‘‘Examination Procedure for Price Verification’’ in NCWM Publication No. 19 (August 1995).

(b) Applicability. The standards described in subsection (a) will be used by any person conducting testing and inspection of a commercially used UPC scanning system or PLU device in the capacity of a certified UPC/PLU inspector.

(c) Obtaining Publication No. 19. The Department will provide a copy of NCWM Publication No. 19 (August 1995), or any subsequent amendment thereof, at cost to any person requesting a copy.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.4 Certified UPC/PLU inspector.

A person shall be a certified PLU/UPC inspector to conduct an inspection of a commercially used UPC scanning system or PLU device described in section 4112(c) of the act (relating to general testing and inspections), regardless of whether the inspection is performed by a State inspector of weights and measures, an employe of a city or county acting in accordance with a memorandum of understanding entered into with the Department, or a person acting as part of a private certification program. A person may apply to the Department to become a certified UPC/PLU inspector.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.5 Authority of certified UPC/PLU inspector

(a) General. A certified UPC/PLU inspector is qualified to perform the annual testing and inspection of a commercially used UPC scanning system or PLU device which is required under section 4112(c) of the act (relating to general testing and inspections). A certified UPC/PLU inspector—including a certified UPC/PLU inspector acting as part of a private certification program—may inspect UPC scanning systems or PLU devices owned, used or leased by a person with respect to which the certified UPC/PLU inspector is an employe or agent if the inspection is conducted on an unannounced basis under section 4112(c) of the act.

(b) Limitation on authority. A certified UPC/PLU inspector may exercise authority only in one of the following contexts:

(1) The certified UPC/PLU inspector is a State inspector of weights and measures.

(2) The certified UPC/PLU inspector is an employe of a city or county, and is acting in accordance with a memorandum of understanding entered into with the Department in accordance with section 4125 of the act (relating to division of responsibilities).

(3) The certified UPC/PLU inspector is acting as part of a private certification program.

(c) Fees. A certified UPC/PLU inspector may not charge a fee for inspection and testing services, unless that person is acting as part of a private certification program, or that person is an employe of a city or county and is acting in accordance with a memorandum of understanding entered into with the Department under section 4125 of the act.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.6 Certification requirements.

(a) General. A person seeking to become a certified UPC/PLU inspector shall do the following:

(1) Successfully complete a training course in examination procedures for price verification as adopted by NIST/NCWM, and as described in § 5.7 (relating to training courses).

(2) Comply with the application requirements and other requirements of this chapter.

(b) Persons certified under interim guidelines. A UPC/PLU inspector’s certificate issued in accordance with Chapter 39 (relating to Reserved) authorized by section 4112(d) of the act (relating to general testing and inspections) shall be considered a UPC/PLU inspector’s certificate issued under this chapter.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.7 Training courses.

(a) General approval of NIST/NCWM training courses. The Department has approved any NIST/NCWM price verification training course utilizing the ‘‘Examination Procedure for Price Verification’’ set forth in NCWM Publication No. 19 (August, 1995), or a subsequent successor publication thereto, as an approved training course for certified UPC/PLU inspector candidates.

(b) Current approved NIST/NCWM training courses. The current approved NIST/NCWM training courses are the ‘‘NIST/NCWM Price Verification Training’’ course and the ‘‘NIST/NCWM Price Verification Instructor’s Training’’ course. An approved training course may be conducted by a person who has successfully completed the NIST/NCWM price verification instructor’s training course.

(c) New or additional training courses. The Department will update or revise the list of approved NIST/NCWM training courses in subsection (b) by publishing notice describing this update or revision in the Pennsylvania Bulletin.

(d) Effect of addition of a course to list of approved courses. If the Department approves a new or additional training course for certified UPC/PLU inspector candidates, a person who has successfully completed that course within 2 years prior to its approval will be deemed to have completed an approved course.

This section cited in § 5.6 (relating to certification requirements).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.8 Applying for certification.

(a) Application required. A person who is at least 18 years of age and has successfully completed an approved training course (as described in § 5.7 (relating to training courses)) within 2 years of the date of application may apply to be certified as a UPC/PLU inspector. Certification is granted through issuance of the certificate described in § 5.9 (relating to UPC/PLU inspector’s certificate).

(b) Form of application. A person seeking to become a certified UPC/PLU inspector may obtain an application form from the Department at the address in § 2.2 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:

(1) The name, mailing address and birth date of the person seeking a UPC/PLU inspector’s certificate.

(2) Whether the applicant seeks to conduct UPC/PLU inspections as a State inspector of weights and measures, an employe of a city or county acting in accordance with a memorandum of understanding with the Department or as part of a private certification program.

(3) The name, location and date of completion of any approved training course completed by the person seeking a UPC/PLU inspector’s certificate.

(4) A copy of any certificate of completion with respect to the approved training course.

(5) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.

(6) The date of the application.

(7) Other information the Department might reasonably require to determine eligibility for certification.

(c) Departmental action on application. The Department will, within 30 days of receiving an application, mail the applicant a UPC/PLU inspector’s certificate, a disapproval notice or a request for additional clarification or documentation. If the Department requests additional clarification or documentation, its review and consideration of the application will cease until the requested material is received, at which time the 30-day review period will begin again.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.9 UPC/PLU inspector’s certificate.

(a) Form of certificate. The Department will format the UPC/PLU inspector’s certificate into an identification card sized document, so it may be carried conveniently on a certified UPC/PLU inspector’s person while performing inspections or tests under authority of that certificate.

(b) Contents of UPC/PLU inspector’s certificate. A UPC/PLU inspector’s certificate will bear the following information:

(1) The name of the person to whom it is issued.

(2) The expiration date of the certificate, which, in accordance with § 5.10 (relating to expiration of UPC/PLU inspector’s certificate), shall be 3 years from the date of issuance.

(3) A unique identification number.

(4) A photograph of the person to whom it is issued.

(5) A statement that the Department has determined the person identified on the certificate to be a ‘‘certified UPC/PLU inspector’’ in accordance with section 4112 of the act (relating to general testing and inspections).

(6) Other information the Department might reasonably include.

(c) Ownership of UPC/PLU inspector’s certificate. A certificate issued by the Department will remain the property of the Department. A certified UPC/PLU inspector or other person having physical possession of a certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.

(d) Obligation to produce certificate for inspection. A certified UPC/PLU inspector shall have his UPC/PLU inspector’s certificate with him whenever performing inspections or tests under authority of that certificate, and shall produce the certificate for inspection upon demand by the Department or a person on whose behalf the certified UPC/PLU inspector is performing the inspection or test.

This section cited in 70 Pa. Code § 5.8 (relating to applying for certification).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.10 Expiration of UPC/PLU inspector’s certificate.

A UPC/PLU inspector’s certificate is valid for 3 years from the date it is issued, unless it is suspended or revoked earlier in accordance with the procedures in § 5.15 (relating to suspension or revocation of certification).

This section cited in 70 Pa. Code § 5.9 (relating to UPC/PLU inspector’s certificate).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.11 Obtaining a new UPC/PLU inspector’s certificate.

(a) No renewals: new certificate required. The Department will not renew a UPC/PLU inspector’s certificate or extend the expiration date of a certificate. A person shall, instead, apply for and obtain a new certificate in accordance with § 5.8 (relating to applying for certification) in order to remain a certified UPC/PLU inspector.

(b) Training course. A person who is applying for certification shall have successfully completed an approved training course as described in § 5.7 (relating to training courses) within 2 years of the date of the application form.

(c) Timing of application. A person may apply for certification at any time. A current certified UPC/PLU inspector who seeks to avoid a lapse in certification is encouraged to apply for a new UPC/PLU inspector’s certificate at least 60 days in advance of the expiration date of the current certificate.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.12 Inspections: reporting procedures.

(a) Inspection report form required. A certified UPC/PLU inspector shall prepare and submit to the Bureau a price verification inspection report form with respect to any inspection the certified UPC/PLU inspector conducts. A copy of this price verification inspection form is set forth in Appendix A. The form is substantively identical to the ‘‘Appendix A Model Form—Price Verification Report’’ form in NCWM’s Examination Procedure for Price Verification.

(b) Acquiring forms. The Department will provide a sample price verification inspection report form upon the request of a certified UPC/PLU inspector. This sample form may be copied at the certified UPC/PLU inspector’s expense.

(c) Distribution of forms. A completed price verification inspection report form shall be distributed as follows:

(1) The certified UPC/PLU inspector shall distribute the original of this form to the owner of the systems and devices inspected, or to a responsible person at the site where the inspection occurred.

(2) The certified UPC/PLU inspector shall forward a copy of this form to the Department by mailing or delivering it to the Department by the 10th day of the month immediately following the month the inspection was conducted. Delivery may be accomplished by electronic means such as modem transmission/e-mail or fax machine. If delivery is accomplished by fax machine, the certified UPC/PLU inspector shall retain the transmittal receipt as proof of compliance with this requirement.

(3) The certified UPC/PLU inspector shall retain a copy of this form and any transmittal receipt evidencing delivery of the form to the Department for at least 3 years from the date the testing and inspection services are performed.

This section cited in 70 Pa. Code § 5.2 (relating to requirement of annual testing and inspection); and 70 Pa. Code § 7.4 (relating to report by inspectors).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.13 Inspections: enforcement levels.

The ‘‘Model Enforcement Levels’’ in Section 11, Paragraph 11.2 of NCWM’s Examination Procedure for Price Verification, or any subsequent revision thereto, are adopted as the enforcement levels to be applied by the Department and certified UPC/PLU inspectors.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.14 Inspection and testing by the Department.

(a) Inspections generally. The Department may evaluate the performance of a certified UPC/PLU inspector who conducts inspections for a private certification program by conducting a follow-up inspection of any UPC scanning system or PLU device that has been inspected and tested by the certified UPC/PLU inspector.

(b) Time lapse and other factors effecting results. In evaluating the inspection and testing performed by a certified UPC/PLU inspector as described in subsection (a), the Department will consider any factor that might reasonably account for a variance between the Department’s inspection results and those of the certified UPC/PLU inspector, including a lapse of time between an inspection performed by the Department and the inspection performed by the certified UPC/PLU inspector.

(c) Reporting of results. Within 30 days following a follow-up inspection, the Department will mail the certified UPC/PLU inspector written notice of the Department’s inspection and the results of that inspection.

(d) Use of results. The Department may use the results of its follow-up inspection to suspend or revoke a UPC/PLU inspector’s certificate, as described in subsection (a), in accordance with § 5.15 (relating to suspension or revocation of certification), or as the basis for a warning or instruction directed to the certified UPC/PLU inspector.

This section cited in 70 Pa. Code § 5.15 (relating to suspension or revocation of certification).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.15 Suspension or revocation of certification.

(a) Basis for action. The Department may suspend or revoke a UPC/PLU inspector’s certificate if the certificate holder conducts inspections for a private certification program and does one or more of the following:

(1) Violates a provision of this chapter.

(2) Violates a provision of the act.

(3) Violates an applicable standard prescribed by NCWM’s Examination Procedure for Price Verification, unless that standard is inconsistent with the act or this chapter.

(4) Intentionally or fraudulently reports inaccurate information on a price verification inspection report form.

(5) Is found, following inspection and testing by the Department in accordance with § 5.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed an inspection of a UPC scanning system or PLU device.

(b) Notice. The Department will provide a certified UPC/PLU inspector with written notice of its intention to suspend or revoke certification, which will afford that person notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.

(c) Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected certified UPC/PLU inspector by personal service or by regular mail to the address provided by the certified UPC/PLU inspector on the most recent application for a certificate, or to the address most recently provided to the Department in writing by the certified UPC/PLU inspector as the address to which notices should be sent.

This section cited in 70 Pa. Code § 5.14 (relating to inspection and testing by the Department).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.16 Certified UPC/PLU inspector list.

(a) List to be maintained. The Department will maintain a current list containing the following information with respect to each certified UPC/PLU inspector:

(1) The name and address.

(2) The telephone number.

(3) The fax number, if available.

(4) The expiration date of certification.

(5) The unique identification number of the UPC/PLU inspector’s certificate.

(b) Distribution of copies. The Department will provide a copy of the current certified UPC/PLU inspector list upon request.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.21 Registration.

(a) General requirement. A person who owns or operates a commercially used UPC scanning system or PLU device may avoid the requirement of annual State or local inspection described in section 4112(c) of the act (relating to general testing and inspections) by having the inspection performed by a private certification program. A private certification program shall meet the requirements of this chapter and shall, prior to commencing testing and inspection of commercially used UPC scanning systems or PLU devices, file a written statement with the Department, at the address in § 2.2 (relating to contacting the Department).

(b) Contents of written statement. The written statement referenced in subsection (a) shall contain the following:

(1) The name, business address and telephone number of the private certification program.

(2) The name of the certified UPC/PLU inspector who will be conducting UPC scanning system or PLU device inspections on behalf of the private certification program, together with the unique identification number appearing on that person’s UPC/PLU inspector’s certificate.

(3) The signature, printed name and title of the person making the statement.

(c) Action by Department. Within 30 days of receiving a written statement as described in subsection (b), the Department will mail the applicant a copy of the written statement bearing a legible stamp or seal indicating the original document has been filed with the Department.

(d) Updating the written statement. A private certification program shall, within 30 days of a change affecting the accuracy of a written statement it has filed with the Department, provide the Department an update of its written statement.

This section cited in 70 Pa. Code § 5.2 (relating to requirement of annual testing and inspection).

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.22 Requirements and fees.

(a) Unannounced inspections required. A certified UPC/PLU inspector conducting an inspection on behalf of a private certification program shall conduct that inspection on an unannounced basis.

(b) Fees permitted. A private certification program may charge a fee for its services—whether a per-inspection fee, a flat annual fee, a membership fee in an organization that conducts a private certification program for its members, or some other fee arrangement.

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 5.23 Program list.

(a) List to be maintained. The Department will maintain a current list of private certification programs. The list will contain the name, business address, telephone number and fax number (if available) of each private certification program.

(b) Distribution of copies. The Department will provide a copy of the current private certification program list upon request.

APPENDIX A

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF AGRICULTUREBUREAU OF RIDE & MEASUREMENT STANDARDS2301 NORTH CAMERON STREETHARRISBURG, PA 17110-9408

History

• Authority: The provisions of this Chapter 5 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 5 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

Chapter 6 Registration of Sellers, Installers and Repairers of Weighing and Measuring Devices

70 Pa. Code § 6.1 Purpose.

This chapter establishes the program referenced in section 4113 of the act (relating to registration of sellers, installers and repairers of weighing and measuring devices), under which individual persons engaged in the business of selling, installing, servicing and repairing various types of commercial weighing and measuring devices shall register with the Department, maintain field standards that adequately test weighing and measuring devices being placed into commercial service and provide the Department notice of newly-installed commercial weighing and measuring devices. For purposes of this chapter, ‘‘individual persons’’ are natural persons and not corporations, partnerships or other business entities.

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.2 Registration requirement.

(a) General registration requirement. An individual person may not act as a seller, installer, servicer or repairer of commercially used weighing and measuring devices in this Commonwealth unless the person first registers with the Department in accordance with this chapter and obtains the registration card described in § 6.5 (relating to registration card).

(b) Exception. The registration requirement established in subsection (a) is not applicable in instances when the commercially used weighing and measuring device being sold, installed, serviced or repaired is a UPC scanning system, a PLU device or a component of either system or device.

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.3 Field standards.

(a) General requirement. An individual person who is employed or engaged in the business of installing, servicing or repairing commercially used weighing and measuring devices shall have, maintain and use field standards that are adequate to test and place weighing and measuring devices into commercial service, and otherwise meet the requirements of NIST Handbook 44, or a subsequent amendment thereof.

(b) Adequate field standards. For purposes of this chapter, field standards will not be considered adequate for use in placing commercially used weighing and measuring devices into service unless there exists a verification of accuracy issued by the State Metrology Laboratory with respect to those field standards, and the verification of accuracy was issued within 1 year preceeding use of the field standards. This verification of accuracy may take the form of a ‘‘Report of Test for Weights and Measures Standards’’ or a similar document.

This section cited in 70 Pa. Code § 4.13 (relating to reporting procedures for CEWM).

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.4 Registration procedure.

(a) Filing of registration form required. An individual person who is employed or engaged in the business of selling, installing, servicing or repairing commercially used weighing or measuring devices shall submit a complete registration form to the Department, unless the commercially used weighing and measuring device being sold, installed, serviced or repaired is a UPC scanning system, a PLU device or a component of either system or device.

(b) Registration form. An individual person seeking to register with the Department under this chapter may obtain a registration form from the Department at the address in § 2.2 (relating to contacting the Department). The prospective registrant shall complete the form and return it to that same address. The registration form shall require the following information:

(1) The name and mailing address of the person seeking to register with the Department.

(2) A designation of whether the person seeking to register with the Department is a seller, installer, servicer or repairer of commercially used weighing and measuring devices.

(3) The name and address of any business through which the person seeking to register with the Department is employed as a seller, installer, servicer or repairer of commercially used weighing or measuring devices.

(4) A designation of the category or type of weighing or measuring device sold, installed, serviced or repaired by the person seeking to register with the Department.

(5) If the person seeking to register with the Department is an installer, servicer or repairer of commercially used weighing or measuring devices, a copy of the current verification from the State Metrology Laboratory that the field standards used by that person are accurate.

(6) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.

(7) The date of the application.

(8) The signature of the person seeking to register with the Department.

(9) Other information the Department might reasonably require for registration.

(c) Departmental action on registration form. The Department will, within 30 days of receiving a complete registration form, mail the person who filed the registration form a registration card. If the registration form is incomplete, illegible or otherwise deficient, the Department will notify the person who filed the registration form, in writing, of the problem and the action required to resolve it. If the Department notifies a person who filed a registration form of some deficiency, its review and consideration of the registration form will cease until the deficiency is corrected, at which time the 30-day review period shall begin again.

This section cited in 70 Pa. Code § 6.7 (relating to expiration/renewal of registration).

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.5 Registration card.

(a) Form of registration card. The Department will provide a registrant under this chapter a registration card that may be carried conveniently on a registrant’s person.

(b) Contents of registration card. A registration card will bear the following information:

(1) The name of the person to whom it is issued.

(2) The category or type of weighing or measuring device with respect to which the person is registered.

(3) The effective date of registration.

(4) The maximum expiration date of the registration, which, in accordance with § 6.7 (relating to expiration/renewal of registration), is 3 years from the date of registration.

(5) A unique identification number.

(6) A photograph of the person to whom it is issued.

(7) A statement that the person identified on the registration card has registered with the Department in accordance with section 4113 of the act (relating to registration of sellers, installers and repairers of weighing and measuring devices).

(8) Other information the Department might reasonably include on the registration card.

(c) Ownership of registration card. A registration card issued by the Department will remain the property of the Department. A registrant or other person having physical possession of the registration card shall, upon written notice from the Department, surrender and return the registration card to the Department.

(d) Obligation to produce registration card for inspection. A registrant under this chapter shall possess the registration card whenever selling, installing, servicing or repairing a commercially used weighing or measuring device.

This section cited in 70 Pa. Code § 6.2 (relating to registration requirement).

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.6 Newly-installed or repaired commercial weighing and measuring devices.

(a) Inspection required. A newly-installed or repaired commercial weighing or measuring device, other than a UPC scanning system or PLU device, may not be used in commerce unless it has been inspected and sealed in accordance with the act and this part, or unless use in commerce occurs during a period of conditional short-term use as described in subsection (d).

(b) Responsibilities of installer or repairer. A registrant under this chapter shall promptly notify the Department of a commercial weighing or measuring device it installs or repairs. Although the initial notification may be made by telephone, written notice shall be mailed, faxed or delivered to the Department within 48 hours of the installation or repair. The written notice shall provide the following with respect to the device:

(1) The location of the newly-installed or repaired device, the date of the installation or repair and a statement of whether the device is a newly-installed device or a repaired device.

(2) The manufacturer’s name or brand name.

(3) The model number listed on the device.

(4) The capacity of the device, if applicable.

(5) The serial number of the device.

(6) The category or type of weighing or measuring device to which the newly-installed or repaired device belongs.

(7) The name and telephone number of a contact person through which the Department, a county sealer or a city sealer may arrange an inspection of the device.

(c) Responsibilities of inspector.

(1) State inspectors. If the Department has not delegated inspection responsibility to a county sealer or city sealer, it will inspect the newly-installed or repaired weighing or measuring device at the earliest date practicable, but within 15 days of the installation or repair, and affix a seal (as required) if the device meets the requirements of the act and this part.

(2) County sealers and city sealers. If the Department has delegated this inspection responsibility to a county sealer or city sealer, it will promptly notify the sealer of the installation or repair and the sealer shall inspect the newly-installed or repaired weighing or measuring device at the earliest date practicable, but within 15 days of the installation or repair, and affix a seal (as required) if the device meets the requirements of the act and this part.

(d) Conditional short-term use. If the installer has fulfilled the responsibilities described in subsection (b), an uninspected, newly-installed or repaired commercial weighing or measuring device may be used in commerce for no more than 15 days from the date of installation or repair. If, for any reason, the inspection referenced in subsection (c) is not accomplished during this 15-day period of conditional short-term use, the device will be removed from commercial use until the inspection is completed and the Department is notified of the completed inspection.

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 6.7 Expiration/renewal of registration.

If a person is registered under this chapter, registration shall expire 3 years from the date the registration card is issued. If, as a condition of registration in accordance with § 6.4(b)(5) (relating to registration procedure), the registrant was required to submit a copy of the current verification from the State Metrology Laboratory that the field standards used by that person are accurate, registration shall expire as of the expiration of that verification. Registration may be renewed by following the registration procedure in § 6.4.

This section cited in 70 Pa. Code § 6.5 (relating to registration card).

History

• Authority: The provisions of this Chapter 6 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 6 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

Chapter 7 Registration and Report of Inspection of Commercial Weighing and Measuring Devices

70 Pa. Code § 7.1 Purpose.

This chapter is intended to establish the program described in section 4114 of the act (relating to registration and report of inspection and testing of weighing and measuring devices used for commercial purposes), requiring the registration and reporting of inspection and testing of those commercially used weighing and measuring devices required to be tested and inspected in accordance with section 4112 of the act (relating to general testing and inspections).

History

• Authority: The provisions of this Chapter 7 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 7 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 7.2 Weighing and measuring devices affected.

This chapter applies to the following:

(1) Weights and measures used in determining the weight, measurement or count of commodities or things sold, offered or exposed for sale on the basis of weight, measure or count.

(2) Weights and measures used in computing the basic charge for services rendered on the basis of weight, measure or count or of devices used to dispense services on time.

(3) Commercially used small capacity retail computing scales, retail package shipping scales, vehicle scales, small platform scales which weigh items to 1,000 pounds, truck-mounted fuel oil meters, truck-mounted liquid petroleum gas meters, compressed natural gas meters and retail motor fuel dispensers.

(4) Commercially used UPC scanning systems and PLU devices.

This section cited in 70 Pa. Code § 7.3 (relating to requirement: registration of devices by owners); 70 Pa. Code § 7.4 (relating to report by inspectors); and 70 Pa. Code § 7.5 (relating to registration process).

History

• Authority: The provisions of this Chapter 7 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 7 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 7.3 Requirement: registration of devices by owners.

(a) Owners required to register. The owner of any weighing or measuring device described in § 7.2 (relating to weighing and measuring devices affected) shall register the device with the Department in accordance with the procedure in § 7.5 (relating to registration process).

(b) Exception: certain establishments engaged in the retail sale of gasoline. Subsection (a) notwithstanding, an establishment involved in the retail sale of gasoline for use in the fuel supply tanks of motor vehicles, which is required to obtain an annual liquid fuels permit from the Department of Revenue in accordance with 75 Pa.C.S. Chapter 90 (relating to Liquid Fuels and Fuels Tax Act), shall be exempt from the registration requirement.

(c) Owners required to report registered devices that are subsequently removed from commercial use: exception. The owner of a weighing and measuring device registered with the Department in accordance with this chapter shall report the removal of that device from commercial use within 30 days of the removal.

(1) The report shall be in writing, and shall clearly identify the device and the location with respect to which it was registered.

(2) The report shall be directed to the Department, at the address in § 2.2 (relating to contacting the Department).

History

• Authority: The provisions of this Chapter 7 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 7 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 7.4 Report by inspectors.

(a) City or county sealer. A city or county sealer who tests or inspects a weight or measure described in § 7.2(1) or (2) (relating to weighing and measuring devices affected), in accordance with section 4112 of the act (relating to general testing and inspections), and under a memorandum of understanding with the Department, shall submit a monthly written report to the Department. This written report shall be submitted to the Department by the 15th day of each month, and shall describe the following with respect to work performed in the preceding month:

(1) A summary of the work performed.

(2) A description of the weights, measures and weighing and measuring devices inspected or tested, the date of the inspection or test and the results of the inspection or test.

(3) A description of the nature and result of all criminal prosecutions of violations of the act or this chapter.

(b) CEWM. A CEWM who tests and inspects a weighing or measuring device described in § 7.2(3) in accordance with section 4112(b) of the act shall report the inspection to the Department set forth in § 4.13 (relating to reporting procedures for CEWM).

(c) Certified UPC/PLU inspector. A certified UPC/PLU inspector who tests and inspects a UPC scanning system or PLU device described in § 7.2(4) in accordance with section 4112(c) of the act shall report the inspection to the Department in the manner in § 5.12 (relating to inspections: reporting procedures).

History

• Authority: The provisions of this Chapter 7 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 7 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 7.5 Registration process.

(a) Persons required to register commercialy used weighing and measuring devices. The owner of a weighing or measuring device described in § 7.2 (relating to weighing and measuring devices effected) shall register the device with the Department in accordance with the procedure in this section.

(b) Obtaining a registration form. The Department will provide an approved weighing or measuring device registration form upon request. The form will be formatted so that multiple devices can be registered using a single form. In lieu of the form provided by the Department, a person may use a form of his own construction, as long as the information in subsection (c) appears in a legible and understandable fashion on the document.

(c) Required information.

(1) Information to be included. A weighing or measuring device registration form shall require the following information:

(i) The name and address of the person registering the device.

(ii) The location of the device.

(iii) The manufacturer’s name or brand name.

(iv) The model number listed on the device.

(v) The capacity of the device, if applicable.

(vi) The serial number of the device.

(vii) The category or type of weighing or measuring device to which the newly-installed device belongs.

(2) Exception. If the weighing or measuring device being registered is a UPC scanning system or PLU device, the registrant may provide the information required under paragraph (1)(i) and (ii), and provide a general description of the various components of the system or device rather than the information required under paragraph (1)(iii)—(vii).

(d) Time for filing the form.

(1) General. A person required to file a registration form shall do so within 30 days of the installation of a weighing or measuring device with respect to which registration is required, unless the registrant belongs within one of the categories of registrant described in paragraph (2), (3) or (4).

(2) Food establishments. A food establishment shall register its weighing and measuring devices at the same time it submits its annual registration to the Department under the Food Act.

(3) Public eating and drinking places. A public eating and drinking place shall register its weighing and measuring devices at the time it submits its annual license fee under the Public Eating and Drinking Place Law.

(4) Commercial feed facilities. A commercial feed facility shall register its weighing and measuring devices at the time it submits its annual license fee under 3 Pa.C.S. § 5103 (relating to licensing).

(e) Action by Department. The Department will review each registration form it receives under this chapter and, within 30 days of receiving the form, mail the registrant a registration document or a written request for clarification of inaccurate or illegible material on the form. If the Department requests additional clarification, its review and consideration of the registration form will cease until the requested clarification is received, at which time the 30-day review period shall begin again.

(f) Registration document. The registration document shall be in the form of a letter from the Director appended to a copy of the registration form. Registration shall remain valid until the registered device is moved to a new location.

This section cited in 70 Pa. Code § 7.3 (relating to requirement: registration of devices by owners).

History

• Authority: The provisions of this Chapter 7 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 7 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

Chapter 8 Training Program for Inspectors and Sealers

70 Pa. Code § 8.1 Purpose.

This chapter is intended to establish the minimum training requirements for State inspectors, county sealers and city sealers, under section 4115 of the act (relating to training program).

History

• Authority: The provisions of this Chapter 8 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 8 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 8.2 General adoption of NIST training program.

(a) General. The training program prescribed by NIST for inspectors and sealers of weights and measures is adopted as the minimum training requirement for State inspectors, county sealers and city sealers under the act and this title.

(b) NIST training course 102. As of January 1, 2000, a State inspector, county sealer or city sealer shall successfully complete NIST training course 102, entitled ‘‘Introduction to Handbook 44,’’ or a successor course thereto, to meet the minimum training requirements of the act and this chapter.

This section cited in 70 Pa. Code § 8.3 (relating to training and certification with respect to individual types of weighing and measuring devices).

History

• Authority: The provisions of this Chapter 8 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 8 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 8.3 Training and certification with respect to individual types of weighing and measuring devices.

An inspector or sealer shall successfully complete applicable NIST training with respect to each type of weighing or measuring device he seeks to test or inspect under authority of the act. In addition to the general training described in § 8.2 (relating to general adoption of NIST training program), the following training or certification, or both, is required of persons who inspect or test particular types of weighing or measuring devices:

(1) UPC scanning systems and PLU devices. A State inspector, county sealer or city sealer shall be a certified UPC/PLU inspector, as described in Chapter 5 (relating to UPC scanning systems and PLU devices), as a prerequisite to inspecting UPC scanning systems or PLU devices for purposes of the act.

(2) Types of weights and measures referenced in § 4.4. A State inspector, county sealer or city sealer shall successfully complete the applicable training course indicated on the current list of NIST training courses in § 4.6 (relating to training courses) as a prerequisite to inspecting or testing any of the categories and types of weighing and measuring devices in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect) for purposes of the act.

(3) Other weights and measures with respect to which NIST training courses exist. If there exists a NIST training course applicable to a specific category or type of weighing and measuring device not described in paragraph (1) or (2), a State inspector, county sealer or city sealer shall successfully complete that training course as a prerequisite to inspecting or testing that category or type of device for purposes of the act.

History

• Authority: The provisions of this Chapter 8 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 8 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 8.4 Prior training.

A State inspector, county sealer or city sealer who has successfully completed a NIST training course prior to May 8, 1999, and who has continued to work as a State inspector, county sealer or city sealer since completing the course, and who provides the Department a copy of the applicable course completion certificate or other documentation evidencing completion of the course, shall be deemed to have met the minimum training requirements of this chapter with respect to any category or type of weighing and measuring device addressed in that NIST training course. The Department will mail the inspector or sealer written confirmation that the sealer or inspector is deemed to have met these requirements within 10 days of receiving the referenced certificate or documentation.

History

• Authority: The provisions of this Chapter 8 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 8 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

70 Pa. Code § 8.5 Supplemental or refresher training.

The Department may develop supplemental training courses or refresher courses for State inspectors, county sealers or city sealers. The Department may require the successful completion of a course by a State inspector, county sealer or city sealer by providing the inspector or sealer written notice of this requirement. The Department will afford an inspector or sealer at least 6 months within which to complete the training course or refresher course, and will schedule a sufficient number of course sessions to allow all inspectors and sealers to attend.

History

• Authority: The provisions of this Chapter 8 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194, unless otherwise noted.
• Source: The provisions of this Chapter 8 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460, unless otherwise noted.

Chapter 9 Weighmasters

70 Pa. Code § 9.1 Purpose.

This chapter is intended to establish terms, conditions and procedures applicable to the licensure and performance of licensed public weighmasters in accor dance with Subchapter C of the act (relating to public weighmasters).

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Gross weight—Total weight of vehicle and load. Net weight—Gross weight less tare weight. Public weighing—The weighing of a commodity for a commercial purpose. Tare weight—The actual weight of only the vehicle. Weighmaster’s certificate—A document in the format in § 9.11 (relating to issuing a public weighmaster’s certificate), evidencing that the issuer is licensed by the Department in accordance with section 4151 of the act (relating to licenses), has weighed the material described in that document on an approved scale which has been tested for accuracy, and has complied with relevant provisions of this chapter.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.3 License required.

A person may not assume the title ‘‘licensed public weighmaster’’ or any title of similar import, perform the duties or acts to be performed by a licensed public weighmaster under the act or this chapter, hold himself out as a licensed public weighmaster, issue a weighmaster’s certificate, ticket memorandum or statement or engage in the full-time or part-time business of public weighing unless the person holds a valid license as a licensed public weighmaster.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.4 Qualifications.

A person shall meet the following requirements to be qualified to apply for a public weighmaster’s license:

(1) The prospective applicant shall be at least 18 years of age as of the date of application.

(2) The prospective applicant shall own or have use of a type of weighing device approved by the Bureau in accordance with Subchapter D of the act (relating to device type approval) and with Chapter 10 (relating to device type approval) and approved by a weights and measures officer of the Commonwealth for use as of the date of application.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.5 Application for a public weighmaster’s license.

(a) Obtaining an application form. The Department will provide a person an application form for a public weighmaster’s license upon request. Requests should be directed to the Department at the address in § 2.2 (relating to contacting the Department).

(b) Requirements of the form. The application form for a public weighmaster’s license shall require the following information of the applicant:

(1) The name and address of the business for which the licensed public weighmaster would be conducting weighing.

(2) The name, address and age of the applicant.

(3) The location of the scales where weighing would be conducted by the licensed public weighmaster.

(4) Verification that the scales referenced in paragraph (3) have been inspected and approved by a State inspector, county sealer or city sealer in accordance with the act and this part.

(c) License fee. The fee for a public weighmaster’s license is $60. This fee shall be by check or money order made payable to the ‘‘Commonwealth of Pa.’’

(d) Submitting the application and fee. An applicant for a public weighmaster’s license shall submit a completed application form and the license fee to the Department at the address in § 2.2.

(e) Departmental action on application. The Department will, within 30 days of receiving a completed application form and the correct license fee, do one of the following:

(1) Mail the applicant a public weighmaster’s license.

(2) If the application form is incomplete, illegible or otherwise deficient, the Department will mail the applicant written notice of the problem and the action required to resolve it. If the Department notifies an applicant of a deficiency, its review and consideration of the application will cease until the deficiency is corrected, at which time the 30-day review period will begin again.

(3) Refer the application to a county or city inspector of weights and measures for a report to be delivered to the Department within 30 days of receipt of the referral as to the accuracy of the statements made on the application, the suitability of the scales to be used by the applicant and other information the Department might reasonably require, mail the applicant written notice of this referral and advise the applicant that the Department will complete its review of the application within 30 days of receiving the report from the entity to whom the application was referred.

This section cited in 70 Pa. Code § 9.6 (relating to term of license; subsequent licenses).

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.6 Term of license; subsequent licenses.

(a) Term. A public weighmaster’s license is valid for 2 years from the date it is issued.

(b) Subsequent licenses. A licensed public weighmaster shall follow the application process described in § 9.5 (relating to application for public weighmaster’s license) to acquire a new license. To avoid a lapse in licensure, a licensed public weighmaster is encouraged to apply for a new license at least 60 days in advance of the expiration of the current license.

(c) Change of status. If there is a change to a name or address provided the Department on the public weighmaster’s license application, the licensed public weighmaster shall notify the Department of this change within 48 hours of its occurrence. Although this notification may be made by a telephone to meet this 48 hour deadline, the licensed public weighmaster shall subsequently mail or deliver written notice of this change to the Department within 7 days of its occurrence.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.7 Format of a public weighmaster’s license.

A public weighmaster’s license issued by the Department under this subchapter will contain the following:

(1) The name of the person to whom it is issued.

(2) A unique license number assigned to the public weighmaster.

(3) The name and address of the business for which the licensed public weighmaster conducts public weighing.

(4) The location of the scales where the licensed public weighmaster conducts public weighing.

(5) The date the license was issued.

(6) The date the license will expire.

(7) Other information the Department deems reasonable for a public weighmaster’s license.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.8 Display of license required.

A licensed public weighmaster shall conspicuously display the license, or a photocopy of the license, at the place where the licensed public weighmaster is engaged in weighing.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.9 Commodities sold by weight.

A commodity to be sold by weight in this Commonwealth shall be weighed by a licensed public weighmaster at the time of sale or delivery on scales which meet the following requirements:

(1) The scales are suitable for weighing the tare and gross weight of the vehicle or vehicle and trailer transporting the commodity.

(2) The scales are located within this Commonwealth.

(3) The scales are of a type approved by the Department in accordance with Subchapter D of the act (relating to device type approval) and Chapter 10 (relating to device type approval).

(4) The scales measure weights of greater than 1,000 pounds.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.10 Weighmaster’s certificate.

(a) Certificates required. A licensed public weighmaster shall, at the licensed public weighmaster’s own expense, have a supply of weighmaster’s certificates formatted in accordance with subsection (b). The Bureau will provide a sample weighmaster’s certificate upon request.

(b) Contents. A weighmaster’s certificate must contain the following information:

(1) The kind and size of the commodity.

(2) The name and address of the seller.

(3) The name and address of the purchaser.

(4) The license number of the vehicle and trailer, or other means of its permanent identification.

(5) The signature and license number of the licensed public weighmaster who weighed the commodity and who issued the weighmaster’s certificate.

(6) The date and hour when weighed.

(7) The gross weight in avoirdupois pounds of the vehicle and the load, the tare weight and net weight of the commodity, and, if the load is divided into lots, the net weight of each lot.

(8) A sequential serial number.

(9) Other relevant information the licensed public weighmaster deems necessary.

(c) Variations in format and size. The form and size of a weighmaster’s certificate may be such as to suit any system or accounting device, as long as the certificate otherwise meets the requirements of this chapter.

The provisions of this § 9.10 amended under 3 Pa.C.S. § § 4101—4194.

The provisions of this § 9.10 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255662) to (255663).

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.11 Issuing a public weighmaster’s certificate.

(a) General requirement. A licensed public weighmaster shall issue a weighmaster’s certificate with respect to any public weighing the licensed public weighmaster conducts.

(b) Required weighing device. A licensed public weighmaster shall, when making a public weighing, use a weighing device which is of a type approved by the Department in accordance with Subchapter D of the act (relating to device type approval) and Chapter 10 (relating to device type approval), suitable for the weighing of the amount and kind of commodity to be weighed and which has been tested and approved for use by a weights and measures officer of this Commonwealth preceding the date of the weighing.

(c) Order of issuance. A licensed public weighmaster shall issue weighmaster’s certificates in consecutive order of the serial numbers affixed thereon.

(d) Computer generated, typewritten or indelible pencil. The original weighmaster’s certificate shall be computer generated, typewritten or completed with indelible pencil.

(e) One licensed public weighmaster per certificate. A public weighmaster’s certificate shall be entirely the product of a single licensed public weighmaster. A licensed public weighmaster may not enter a weight value on a weighmaster’s certificate unless the public weighmaster has personally determined that weight, and may not make any entry on a weighmaster’s certificate of another licensed public weighmaster.

(f) Clarity required. A licensed public weighmaster shall issue a complete and accurate weighmaster’s certificate that legibly shows what weights were actually determined. If the certificate form provides for the entry of gross, tare and net weights, and the licensed public weighmaster determines fewer than these three weights, the weighmaster shall strike through or otherwise cancel these undetermined weights on the certificate. If weights recorded on a certificate were determined on different dates, the certificate shall clearly report these dates. If the weights recorded on the certificate were determined using different scales, the certificate shall clearly identify these scales.

(g) Reweighing solid fuel. A licensed public weighmaster may not reweigh or issue a weighmaster’s certificate for solid fuel unless the motor vehicle operator has surrendered the original and all duplicate weighmaster’s certificates in his possession pertaining to the solid fuel. The licensed public weighmaster shall attach these certificates to the scale copy of the new weighmaster’s certificate. The new certificate shall be retained in a manner that they may be easily reconciled. These provisions notwithstanding, a duplicate copy of the original weighmaster’s certificate may be returned to the operator of the vehicle if it is obliterated with a rubber stamp using the following legend:

This solid fuel has been reweighed and this certificate should not be accepted. Any attempt to use this certificate to deliver solid fuel should be reported to your local or State inspector of weights and measures at once.

(h) Distribution of original and copies.

(1) The original of a weighmaster’s certificate shall be delivered to the purchaser of the commodity specified in the certificate at the time of delivery.

(2) One copy of a weighmaster’s certificate shall be maintained at the place of weighing for a period of at least 2 years. A copy of a weighmaster’s certificate may be retained by the business selling or delivering the commodity.

This section cited in 70 Pa. Code § 9.2 (relating to definitions).

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.12 Retention and inspection of certificates.

A licensed public weighmaster is responsible to retain a copy of each weighmaster’s certificate the public weighmaster issues for at least 2 years. These records shall be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.21 Weighmaster’s certificate required.

(a) Rule for lots exceeding 100 pounds. A person may not sell, transport over a public highway, deliver or cause to be delivered or start out to deliver a solid fuel in a lot or lots in amounts exceeding 100 pounds unless each lot is in a separate compartment of the vehicle or vehicle and trailer and each lot is accompanied by a weighmaster’s certificate.

(b) Exceptions. The rule in subsection (a) does not apply to solid fuel when any of the following occur:

(1) The weighing takes place at the point of delivery or sale.

(2) The producer of the solid fuel furnishes proof, satisfactory to the Department or to an inspector of weights and measures, that the solid fuel being transported comes from the producer’s own mine, is the producer’s own property and is being transported for purposes other than sale.

(3) The sale transaction entails the sale of a boatload or railroad carload of solid fuel delivered directly from the boat or car to a purchaser and accepted as to weight by the purchaser on the bill of lading or other voucher issued by the carrier.

(c) Rule for lots of 100 pounds or less. A person may not sell, transport over a public highway, deliver or cause to be delivered or start out to deliver a solid fuel in a lot or lots in amounts of 100 pounds or less unless each lot is in a separate compartment of the vehicle or vehicle and trailer and each lot is accompanied by a weighmaster’s certificate. These requirements need not be met if the solid fuel is in closed containers or closed bags and the following information is plainly printed on the container or bag or on a tag securely attached to the container or bag:

(1) The net contents of the container or bag (expressed in avoirdupois pounds).

(2) The type of solid fuel.

(3) The name, address, city, state and zip code of the seller.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.22 Sales by employer-producer to employes.

(a) Sales generally. If it is specified under a contract, an employer-producer of solid fuel may sell solid fuel at cost, by cubic contents instead of weight, to its employes for their own use and consumption. No solid fuel sold in this way may be transported over a public highway unless the operator of the vehicle possesses a certificate of origin.

(b) Obtaining a certificate of origin. The Department will provide a sample copy of a certificate of origin upon request. A sample certificate may be photocopied for use by a producer-employer.

(c) Content of certificate of origin. A certificate of origin shall require the following:

(1) The name and address of the producer-employer.

(2) A description of the type and approximate cubic volume of the solid fuel being transported.

(3) The destination of the solid fuel.

(4) A statement that the certificate of origin is issued in accordance with section 4168 of the act (relating to sales by employer-producer to employees).

(5) The signature of the employer-producer or its agent.

(d) Record retention. A copy of a certificate of origin issued under section 4168 of the act shall be retained at the place of production for at least 2 years, and shall, during business hours, be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.23 Certificate affecting weighing requirements.

(a) Authorization to haul without weighmaster’s certificate.

(1) The Department will issue an authorization allowing a person to haul solid fuel on the public highways for a distance of up to 10 miles from the point of origin of the solid fuel without a weighmaster’s certificate if all of the following occur:

(i) There are no scales at the point of origin of the solid fuel, or the scales are inadequate, inaccurate or otherwise incapable of providing the accurate readings necessary for the production of a weighmaster’s certificate.

(ii) The solid fuel has been loaded into a vehicle by the producer of the solid fuel.

(iii) The sale of the solid fuel has not been consumated and the delivery of the solid fuel to the consumer has not yet begun.

(iv) There are adequate scales to weigh the solid fuel within 10 miles of the point of origin of the solid fuel.

(2) If the Department issues the authorization described in this subsection, the person to whom it is issued shall haul the solid fuel to the nearest available scale of a licensed public weighmaster, but no more than 10 miles from the point of origin of the solid fuel. At this scale, the weight of the solid fuel shall be determined so that the producer of the solid fuel is able to consumate its sale. The trucker will be furnished with a weighmaster’s certificate for the solid fuel before departure of the solid fuel from the scale for delivery to the consumer.

(b) Certificate of transport. A conveyor of solid fuel operating under this section shall have in his possession at all times during the period of transport from point of origin to place of weighing and departure for delivery a certificate of transport containing the following information:

(1) The date on which the certificate is issued.

(2) The time of leaving the mine or breaker.

(3) The name of the driver of the transporting vehicle.

(4) The license number of the transporting vehicle and trailer.

(5) The name of the owner or lessor of the mine or breaker.

(6) The location of the mine or breaker.

(7) The location of the scale to which solid fuel is being conveyed.

(c) Source and disposition of certificate of transport. The certificate of transport shall be furnished by the owner or lessor of the mine or breaker and surrendered to the weighmaster upon issuance of the weighmaster’s certificate.

(d) Registration. An owner or lessor of mines or breakers operating under this section shall register with the Department by letter to the address in § 2.2 (relating to contacting the Department), and provide a copy of this registration letter to any county sealer or city sealer having enforcement authority with respect to the area from which the solid fuel originates or the scales to which it is to be transported. The registration shall include the name and location of the mines or breakers and the names and locations of the scales to which the owner or lessor proposes to transport solid fuel for the purpose of weighing before starting it out for delivery.

This section cited in 70 Pa. Code § 9.24 (relating to limitations of certificate for anthracite).

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.24 Limitations of certificate for anthracite.

(a) Certificate of quality required. If solid fuel is transported to a licensed public weighmaster under authority of a certificate of transport as described in § 9.23 (relating to certificate affecting weighing requirements), and the solid fuel is anthracite (excluding barley and smaller sizes), the weighmaster may not weigh the anthracite unless the certificate of transport is accompanied by a certificate of quality. A certificate of quality shall be made out in ink or indelible pencil. The format of the certificate of quality must be as follows:

Weighmaster’s Certificate Serial No.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.25 Responsibilities of weighmasters.

Weighmasters will be held responsible and their licenses will be subject to revocation for negligence, failure to abide by the requirements of this chapter or failure to reconcile their records.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.26 Certificate of special transportation.

(a) Requirement. If coal is not offered for sale and it is necessary to transport the coal over the public highway from the point of mining, stripping operation or culm bank to railroad cars, coke ovens, breakers, washery or other form of preparation plants, the operator of the vehicle transporting the coal shall possess a certificate of special transportation, containing the following information, written in ink or indelible pencil:

(1) The date and time on which the certificate was issued.

(2) The license number of the truck (if a truck is the transport vehicle).

(3) The name of the owner or lessor of the mine, stripping operation or culm bank.

(4) The destination of the transport vehicle.

(5) The purpose for which the coal is being transported: that is, coking, preparation for sale or preparation for transport in railroad cars.

(b) Issuance and surrender. The driver of each truck shall possess a new certificate of special transportation each day the driver hauls the coal described in subsection (a).

(1) The certificate of special transportation shall be issued to the driver at or before the driver starts out for that day’s deliveries.

(2) The certificate shall be issued by a responsible employe of the operator of the mine, stripping operation, culm bank from which the coal is to be transported, or by a responsible employe of the preparation plant to which the coal is to be delivered.

(3) The driver shall surrender the certificate of special transportation to a responsible person at the point of delivery of the last load of the day.

(4) The recipient of the certificate of special transportation shall retain the certificate for at least 90 days.

(c) Other requirements. Certificates of special transportation shall be consecutively numbered, made in duplicate and shall be furnished by and at the expense of the operator. The duplicate shall be retained at the point of issuance for 90 days.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.27 Issuance of weighmaster certificates with respect to mine track scales and tipple scales.

Weighmaster certificates, as prescribed by the act, may be issued by licensed weighmasters of mine track scales or tipple scales if there is compliance with the following:

(1) The operator of the vehicle shall present to the weighmaster a weighmaster’s certificate showing the tare weight prior to loading.

(2) The net weight of the solid fuel being loaded in the vehicle shall be determined at the time of loading by determining the gross weight of the loaded mine cars or buggies and deducting the tare weight of the mine cars or buggies.

(3) The gross weight shall be determined by adding the tare weight and the net weight.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.28 Reweighing and issuance of certificates.

(a) Conditions of reweighing. A licensed weighmaster may not reweigh or issue a weighmaster’s certificate for solid fuel unless the motor vehicle operator has surrendered the original and duplicate weighmaster’s certificates in his possession pertaining to the solid fuel. These certificates shall be attached by the weighmaster to the scale copy of the new weighmaster’s certificate. The new weighmaster’s certificate shall be issued and maintained in a manner that the new certificate and any prior certificates may be easily reconciled. A duplicate copy may be returned to the operator of vehicle if the duplicate copy of the weighmaster’s certificate is obliterated with a rubber stamp using the following legend:

This solid fuel has been reweighed and this certificate should not be accepted. Any attempt to use this certificate to deliver solid fuel should be reported to your local or State inspector of weights and measures at once.

(b) Certain anthracite. In the case of anthracite, except barley and the smaller sizes, before issuing the new certificates, the weighmaster shall accurately and legibly imprint on the original and each copy the complete certificate of quality required by the Anthracite Standards Law (73 P. S. § § 261—269), as it appears on the surrendered certificates.

(c) Consequence of failure to surrender weighmaster certificate. If the operator refuses or fails to surrender the weighmaster certificate, the weighmaster shall refuse to weigh the vehicle.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

70 Pa. Code § 9.29 Reciprocity with New York.

State inspectors, county sealers and city sealers shall accept weight certificates issued by a weighmaster licensed by the State of New York if the following occur:

(1) The commodity weighed is solid fuel.

(2) The scales upon which the public weighing was performed are located in New York, within 5 miles of the Pennsylvania/New York border.

History

• Authority: The provisions of this § 9.24 amended under 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 9.24 amended October 26, 2018, effective October 27, 2018, 48 Pa.B. 6841. Immediately preceding text appears at serial pages (255667) to (255668).

Chapter 10 Device Type Approval

70 Pa. Code § 10.1 Purpose.

This chapter is intended to establish the procedures by which the Department will review and approve or disapprove each type of weighing and measuring device intended for commercial use or in commercial use within this Commonwealth, in accordance with Subchapter D of the act (relating to device type approval) and this chapter.

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.2 Prohibition with respect to unapproved devices.

A person may not manufacture, offer or expose for sale or sell or give away for use in trade or commerce any weighing and measuring device of a type not approved in accordance with Subchapter D of the act (relating to device type approval) and this chapter.

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.3 General standard for approval by Department.

The Department will approve a type of weighing and measuring device if the type is so designed and constructed that it conforms to or gives correct results in terms of values derived therefrom, is reasonably permanent in its indication and adjustment and does not facilitate the perpetration of fraud.

This section cited in 70 Pa. Code § 10.5 (relating to meeting the general standard for approval); 70 Pa. Code § 10.6 (relating to application and review); and 70 Pa. Code § 10.9 (relating to specifications, variations and tolerances with respect to device type approval).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.4 Basic procedure.

A person seeking approval of a type of weighing and measuring device shall follow the application procedure in § 10.6 (relating to application and review).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.5 Meeting the general standard for approval.

(a) Certificate of conformance from NCWM. The Department will approve a type of weighing and measuring device if a certificate of conformance has been issued by the National Type Evaluation Program administered by NCWM with respect to that particular type of weighing and measuring device.

(b) Certificate of conformance from NIST. The Department will approve a type of weighing and measuring device if a certificate of conformance has been issued by NIST with respect to that particular type of weighing and measuring device.

(c) UPC scanning systems and PLU devices. The Department will approve a type of UPC scanning system or PLU device if the person seeking approval can document to the Department’s satisfaction that the type of weighing and measuring device meets the standard in § 10.3 (relating to general standard for approval by the Department).

This chapter cited in 70 Pa. Code § 10.6 (relating to application and review); and 70 Pa. Code § 10.9 (relating to specifications, variations and tolerances with respect to device type approval).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.6 Application and review.

(a) Obtaining an application. A person seeking the Department’s approval of a particular type of weighing and measuring device shall request an approved application form from the Department. The prospective applicant may contact the Department at the address in § 2.2 (relating to contacting the Department).

(b) Contents of application form. The application form shall require the following information:

(1) The name and address of the applicant.

(2) A detailed description of the type of weighing and measuring device with respect to which approval is sought.

(3) A copy of any certificate of conformance issued by the National Type Evaluation Program administered by NCWM with respect to that type.

(4) A copy of any certificate of conformance issued by NIST with respect to that type.

(5) Other documentation necessary to a reasoned determination by the Department as to whether the type meets the general standard in § § 10.3 and 10.5 (relating to general standard for approval by the Department; and meeting the general standard for approval). If a certificate of conformance as described in paragraph (3) or (4) is not submitted, a sample of the type—or specifications with respect to the type—shall be submitted as part of the application.

(6) Either a precise description of the manner in which devices of the type with respect to which approval is sought are clearly marked for purposes of identification with the name, initials or trademark of the manufacturer and with the manufacturer’s designation which positively identifies the pattern or design of the device, or an explanation of the reason it is impracticable to mark the devices as required by this section and a request for a waiver of some or all of these marking requirements under section 4174 of the act (relating to marking of approved weights and measures).

(7) Other information the Department might reasonably require in considering approval.

(c) Submitting the application. The applicant shall forward the completed application form to the address in § 2.2.

(d) Review by Department. The Department will complete its review of an application within 30 days of receiving a complete application form. If the Department requests additional information from an applicant, this 30-day period does not commence until the requested information is received. The Department will approve a type of weighing and measuring device if it meets the standards for approval in § § 10.3 and 10.5. The Department will mail the applicant either a certificate of approval or a notice of disapproval within that 30-day period. A notice of disapproval will contain an explanation of the basis upon which the decision to disapprove was made, and otherwise meet the requirements of section 4172 of the act (relating to certificates of approval; notice of disapproval; appeals).

(e) Review of decision to disapprove a device type. An applicant shall follow the procedure in section 4172 of the act to obtain review of a decision by the Department to disapprove a device type.

This section cited in 70 Pa. Code § 10.4 (relating to basic procedure).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.7 Certificate of approval.

(a) Content of certificate. A certificate of approval issued by the Department under this chapter will contain the following:

(1) The name and address of the person to whom it is issued.

(2) A description of the type of approved weighing and measuring device.

(3) A reference to the requirement that approved weighing and measuring devices be clearly marked for purposes of identification with the name, initials or trademark of the manufacturer and with the manufacturer’s designation which positively identifies the pattern or design of the device. This provision does not apply when a waiver is obtained from the Department in accordance with section 4174 of the act (relating to marking of approved weights and measures).

(4) The date of issuance of the certificate.

(5) Other information deemed relevant by the Department for inclusion in the certificate.

(b) Effect of issuance of certificate. The issuance of a certificate of approval by the Department with respect to a type of weighing and measuring device confirms that the type meets the standards for device type approval in Subchapter D of the act (relating to device type approval) and this chapter, and is not a guarantee or verification of the correctness of any individual weight or measure belonging to that type.

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.8 Marking of approved devices.

(a) General. A weighing and measuring device that is of a type approved under Subchapter D of the act (relating to device type approval) and this chapter shall be conspicuously, clearly and permanently marked in accordance with the representations made on the approval application, unless the Department grants an exception in accordance with section 4174 of the act (relating to marking of approved weights and measures).

(b) UPC scanning systems and PLU devices. The Department is satisfied it is generally impracticable to mark a UPC scanning system or PLU device as required under section 4174 of the act. The Department will issue a certificate to that effect to any manufacturer applying for the same. A certificate issued under this subsection exempts the system or device described therein from having to be marked as otherwise required under section 4174 of the act.

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.9 Specifications, variations and tolerances with respect to device type approval.

(a) General. The specifications, variations and tolerances recommended by NIST and published in the NIST Handbook 44, and supplements thereto, or in a publication revising or superseding Handbook 44, shall be the specifications, variations and tolerances of the Department with respect to the approval of types of weighing and measuring devices under this chapter.

(b) Meeting the standards.

(1) If either NIST or NCWM has issued a certificate of conformance with respect to a type of weighing and measuring device, that type shall be deemed to be in compliance with the specifications, variations and tolerances of the Department for device type approval.

(2) In determining whether to issue a certificate of approval with respect to a type of UPC scanning system or PLU device, the Department will apply the general standard for approval in § § 10.3 and 10.5 (relating to general standard for approval by the Department; and meeting the general standard for approval).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

70 Pa. Code § 10.10 Fees.

The State Metrology Laboratory will charge a fee for conducting tests that may be required for device type approval under this chapter, and for metrology laboratory calibration, type evaluation and any other testing services it performs under authority of the act. These fees are set forth in § 110.2 (relating to State Metrology Laboratory fee schedule).

The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.

The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

History

• Authority: The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B. 5985. Immediately preceding text appears at serial page (255675).

Part II Packaging and Labeling

Chapter 21 General Provisions

70 Pa. Code § 21.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Commodity in package form or package—A commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container containing packages that individually conform to the requirements of the act. An individual item or lot of a commodity not in package form, or which does not meet this definition, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall be a commodity in package form. Consumer package or package of consumer commodity—A commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household in connection with personal possessions and which is usually consumed or expended in the course of the consumption or use. Label—

(i) A written, printed or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on or appearing upon or adjacent to a consumer commodity or a package containing a consumer commodity, for purposes of branding, identifying or giving information with respect to a commodity or to the contents of a package.

(ii) The term does not include a tag of an inspector or other nonpromotional matter affixed to or appearing upon a consumer commodity. Multiunit package—A package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multiunit package but capable of being individually sold in full compliance with this part. Nonconsumer package or package of nonconsumer commodity—A commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution only. Person—A corporation, partnership and association as well as a natural person. Polyethylene sheeting—Rolls, sheets, tarps, drop cloths and other items made from polyethylene, such as an ethylene copolymer consisting of a major proportion of ethylene in combination with a minor proportion of some other monomer or a mixture of polyethylene with a lesser amount of polymers. The sheeting may contain additives or modifiers such as pigments and stabilizers. Principal display panel—The part of a label designed to most likely be displayed, presented, shown or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, the requirements pertaining to the principal display panel pertain to all the panels. Random package—A package that is one of a lot, shipment or delivery of packages of the same consumer commodity with varying weights; that is, packages of the same consumer commodity with no fixed pattern of weight.

The provisions of this § 21.1 amended under the Weights and Measures Act of 1965 (73 P. S. § § 1651—1692) (Transferred from 76 P. S. § § 100-1—100-42 in 1978); amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.

The provisions of this § 21.1 adopted December 1, 1965; amended through July 17, 1970; amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254; amended May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460. Immediately preceding text appears at serial pages (136553) to (136555).

History

• Authority: The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.
• Source: The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

70 Pa. Code § 21.2 Applicability.

This part applies to packages and to commodities in package form, but does not apply to the following:

(1) Inner wrappings not intended to be individually sold to the customer.

(2) Auxiliary containers or outer wrappings used to deliver packages of commodities to retail customers if the containers or wrappings bear no printed matter pertaining to a particular commodity.

(3) Containers used for retail tray pack displays if the container itself is not intended to be sold as if, for example, which is used to display individual envelopes of seasonings, gravies and the like, and the tray itself is not intended to be sold.

(4) Commodities put up in variable weights and sizes for sale intact and intended to be either weighed or measured at the time of sale, if no package quantities are represented, and if the method of sale is clearly indicated in close proximity to the quantity being sold.

(5) Open carriers and transparent wrappers or carriers for containers if the wrappers or carriers do not bear a written, printed or graphic matter obscuring the label information required by this part.

The provisions of this § 21.2 amended under the Weights and Measures Act of 1965 (73 P.S. § § 1651—1692) (Transferred from 76 P. S. § § 100-1—100-42 in 1978).

The provisions of this § 21.2 adopted December 1, 1965; amended through July 17, 1970; amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appears at serial page (50104).

History

• Authority: The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.
• Source: The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

70 Pa. Code § 21.3 Adoption of ‘‘Uniform Regulation for the Method of Sale of Commodities.’’

(a) General. The Department adopts the ‘‘Uniform Regulation for the Method of Sale of Commodities,’’ as adopted by NIST in its Handbook 130, and supplements thereto and revisions thereof, as the method of sale of commodities in this Commonwealth.

(b) Exception. If any provision of the ‘‘Uniform Regulation for the Method of Sale of Commodities’’ contradicts any provision of the act or this title, the provision of the ‘‘Uniform Regulation for the Method of Sale of Commodities’’ may not be applied, and the relevant provision of the act or this title shall be applied.

The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.

The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

History

• Authority: The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.
• Source: The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

70 Pa. Code § 21.11 Consumer and nonconsumer packages.

(a) A consumer or nonconsumer package kept, offered or exposed for sale, or sold, at a place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer or distributor. The name shall be the actual corporate name, or, when not incorporated, the name under which the business is conducted. The address shall include street address, city, state and zip code; however, the street address may be omitted if this is shown in a current city directory or telephone directory. The requirement for inclusion of the zip code shall apply only to labels that have been developed or revised after July 1, 1968.

(b) If a person manufactures, packs or distributes a commodity at a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where the commodity was manufactured or packed or is to be distributed, unless the statement would be misleading. If the commodity is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such commodity, such as ‘‘Manufactured for and packed by

History

• Authority: The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4104—4194.
• Source: The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

Chapter 27 Exemptions and Variations

70 Pa. Code § 27.1 General.

Whenever a consumer commodity or package of consumer commodity is exempted from the requirements for dual quantity declaration, the net quantity declaration required to appear on the package shall be in terms of the largest whole unit except as provided in § 23.53(a)(3) (relating to multiunit packages).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.2 Random packages.

(a) A random package bearing a label conspicuously declaring the net weight, the price per pound and the total price shall be exempt from the type size, dual declaration, placement and free area requirements of this title. In the case of a random package packed at one place for subsequent sale at another, neither the price per unit of weight nor the total selling price need appear on the package, provided the package label includes both prices at the time it is offered or exposed for sale at retail.

(b) This exemption of this section also applies to uniform weight packages of cheese and cheese products labeled in the same manner and by the same type of equipment as random packages exempted by this section.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.3 Small confections.

Individually wrapped pieces of ‘‘penny candy’’ and other confectionery of less than 1/2 ounce net weight per individual piece shall be exempt from the labeling requirements of this title when the container in which the confectionery is shipped is in conformance with the labeling requirements of this title. Similarly, when the confectionery items are sold in bags or boxes, the items shall be exempt from the labeling requirements of this title, including the required declaration of net quantity of contents, when the declaration of the bag or box meets the requirements of this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.4 Individual servings.

Individual serving-size packages of foods containing less than 1/2 ounce or less than 1/2 fluid ounce for use in restaurants, institutions and passenger carriers, and not intended for sale at retail, shall be exempt from the required declaration of net quantity of contents specified in this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.5 Cuts, plugs and twists of tobacco and cigars.

When individual cuts, plugs and twists of tobacco and individual cigars are shipped or delivered in containers that conform to the labeling requirements of this title, the individual cuts, plugs and twists of tobacco and cigars shall be exempt from the labeling requirements.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.6 Reusable glass containers.

Nothing in this title may be deemed to preclude the continued use of reusable or returnable glass containers; however, the glass containers ordered after February 30, 1970 shall conform to the requirements of this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.7 Cigarettes and small cigars.

Cartons of cigarettes and small cigars, containing 10 individual packages of 20, labeled in accordance with the requirements of this title, shall be exempt from the requirements set forth in § § 23.21(1), 23.23 and 23.53 (relating to general; type size in principal display panel; and multiunit package); however, the cartons shall bear a declaration of the net quantity of commodity in the package.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.8 Labeling required by Federal law.

Packages of meat and meat products, poultry and poultry products, tobacco and tobacco products, insecticides, fungicides, rodenticides, alcoholic beverages and seeds shall be exempt from the requirements set forth in § § 23.13(f), 23.21(1), and 23.23(a) (relating to weight, liquid measure or count terminology; general; type size in principal display panel) only if the quantity labeling requirements for the products are specified in Federal law so as to follow reasonable sound principles of providing consumer information.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.9 Fluid dairy products and frozen desserts.

Fluid dairy products, ice cream and similar frozen desserts shall be exempted as set forth in the following provisions:

(1) If packaged in 1/2 liquid pint and 1/2 gallon containers, such products are exempt from the requirements for stating net contents of 8 fluid ounces and 64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respectively.

(2) If packaged in 1 liquid pint, 1 liquid quart and 1/2 gallon containers, the products are exempt from the dual net contents declaration requirements of § 23.13(1f)(2) (relating to weight, liquid measure or count terminology).

(3) If measured by and packaged in 1/2 liquid pint, 1 liquid pint, 1 liquid quart, 1/2 gallon and 1 gallon measure containers as defined in ‘‘Measure Container Code of National Bureau of Standards Handbook 44,’’ the products are exempt from the requirements of § 23.21 (relating to general) that the declaration of net contents be located within the bottom 30% of the principal display panel.

(4) Milk and milk products when measured by and packaged in glass or plastic containers of 1/2 liquid pint, 1 liquid pint, 1 liquid quart, 1/2 gallon, and 1 gallon capacities are exempt from the placement requirement of § 23.21 that the declaration of net contents be located within the bottom 30% of the principal display panel, only if other required label information is conspicuously displayed on the cap or outside closure, and the required net quantity of contents declaration is conspicuously blown, formed, molded on or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.10 Real and imitation fruit juice beverages and drinking water.

Single-strength and less than single-strength fruit juice beverages, any imitations of the beverages, and drinking water shall be exempted as set forth in the following provisions:

(1) If packaged in glass, plastic or fluid milk type paper containers of 8 and 64 fluid ounce capacity, the products are exempt from the requirements of § 23.13(b)(2) (relating to weight, liquid measure or count terminology), to the extent that net contents of 8 fluid ounces and 64 fluid ounces (or 2 quarts) may be expressed as 1/2 pint (or 1/2 pint) and 1/2 gallon (or 1/2 gallon), respectively.

(2) If packaged in glass, plastic or fluid milk type paper containers of 1 pint, 1 quart and 1/2 gallon capacities, are exempt from the dual net contents declaration requirements of § 23.13(f)(2).

(3) If packaged in glass or plastic containers of 1/2 pint, 1 pint, 1 quart, 1/2 gallon and 1 gallon capacities, are exempt from the placement requirement of § 23.21(1) (relating to general) that the declaration of net contents be located within the bottom 30% of the principal display panel, only if other required label information is conspicuously displayed on the cap or outside closure and the required net quantity of contents declaration is conspicuously blown, formed, molded into or permanently applied to that part of the glass or plastic container that is at or above the shoulder of the container.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.11 Soft drink bottles.

Bottles of soft drinks shall be exempt from the placement requirements for the declaration of either or both of the following, if there is compliance with that provision:

(1) Identity. If the declaration appears on the bottle closure.

(2) Quantity. If the declaration is blown, formed or molded on or above the shoulder of the container and if other information required by this regulation appears only on the bottle closure.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.12 Multiunit soft drink packages.

Multiunit packages of soft drinks are exempt from the requirement for a declaration of either or both of the following, if there is compliance with that provision:

(1) Responsibility. If the declaration appears on the individual units and is not obscured by the multiunit packaging, or if the outside container bears a statement to the effect that the declaration will be found on the individual units inside.

(2) Identity. If the declaration appears on the individual units and is not obscured by the multiunit packaging.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.13 Butter.

If butter is packaged in 4 ounce, 8 ounce and 1 pound units with continuous label copy wrapping, butter is exempt from the requirements that the statement of identity in § 23.1(a) (relating to general) and the net quantity declaration in § 23.21(5) (relating to general) be generally parallel to the base of the package. If packaged in 8 ounce and 1 pound units, butter is exempt from the requirement for location in § 23.21(1) of net quantity declaration and, if packaged in one pound units, is exempt from the requirement for dual quantity declaration in § 23.13(f)(1) (relating to weight, liquid measure or count terminology).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.14 Eggs.

Cartons containing 12 eggs shall be exempt from the requirement for location in § 23.21 (relating to general) of net quantity declaration. If the cartons are designed to permit division in half, each half shall be exempt from the labeling requirements of this title if the undivided carton conforms to the requirements.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.15 Flour.

Packages of wheat flour packaged in units of 2, 5, 10, 25, 50 and 100 pounds shall be exempt from the requirement for location in § 23.21(1) (relating to general) of the net quantity declaration and, if packaged in units of 2 pounds, shall be exempt also from the requirement for a dual quantity declaration in § 23.13(f)(1) (relating to weight, liquid measure or count terminology).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.16 Small packages.

On a principal display panel of 5 square inches or less, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.17 Multiunit packages.

On individual units of a multiunit retail package, the declaration of quantity need not appear in the bottom 30% of the principal display panel if that declaration satisfies the other requirements of this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.18 Decorative containers.

The principal display panel of a cosmetic marketed in a ‘‘boudoir-type’’ container including decorative cosmetic containers of the ‘‘cartridge,’’ ‘‘pill box,’’ ‘‘compact’’ or ‘‘pencil’’ variety, and those with a capacity of 1/4 ounce or less, may be a tear-away tag or tape affixed to the decorative container and bearing the mandatory label information as required by this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.19 Combination packages.

Combination packages are exempt from the requirements of the following:

(1) Location, as provided in § 23.21(1) (relating to general).

(2) Free area, as provided in § 23.21(4).

(3) Minimum height of numbers and letters, as provided in § 23.23(a) (relating to type size in principal display panel).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.20 Margarine.

Margarine in 1 pound rectangular packages, except for packages containing whipped or soft margarine or packages containing more than four sticks, shall be exempt from the requirement in this title for location in § 23.21(1) (relating to general) of the net quantity declaration, and shall be exempt from the requirement for a dual quantity declaration of § 23.13(f)(1) (relating to weight, liquid measure or count terminology).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.21 Corn flour.

Corn flour packaged in conventional 5, 10, 25, 50 and 100 pound bags shall be exempt from the requirement for location of § 23.21(1) (relating to general) of the net quantity declaration.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.22 Prescription and insulin drugs.

Prescription and drugs containing insulin subject to section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act are exempt from this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.23 Camera film.

Camera film packaged and labeled for retail sale is exempt from the net quantity statement requirements of this title which specify how measurement of commodities should be expressed, only if there is compliance with the following provisions:

(1) The net quantity of contents on packages of movie film and bulk still film is expressed in terms of the number of lineal feet of usable film contained therein.

(2) The net quantity of contents on packages of still film shall be expressed in terms of the number of exposures the contents will provide. The length and width measurements of the individual exposures, expressed in millimeters or inches, are authorized as an optional statement, as, for example: ‘‘36 exposures, 36 x 24 mm’’ or ‘‘12 exposures, 2 1/4 x 2 1/4 in.’’

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.24 Paint and kindred products.

Paints, varnishes, lacquers, thinners, removers, oils, resins and solvents, if packed in 1 liquid pint and 1 liquid quart units are exempt from the dual quantity declaration requirements of § 23.13(f)(2) (relating to weight, liquid measure or count terminology).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.25 Automotive antifreeze.

Automotive cooling system antifreeze, if packed in 1 liquid quart units, in metal or plastic containers, are exempt from the dual quantity declaration requirements of § 23.13(f)(2) (relating to weight, liquid measure or count terminology).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.26 Motor oils.

Motor oils, if packed in 1 liquid quart units, are exempt from the dual quantity declaration requirements of § 23.13(f)(2) (relating to weight, liquid measure or count terminology). Additionally, motor oil in 1 liquid quart, 1 gallon, 1 1/4 gallon, 2 gallon and 2 1/2 gallon units, bearing the principal display panel on the body of the container, is exempt from the requirements of § § 21.11, 23.1 and 25.1 (relating to consumer and nonconsumer packages; general), to the extent that the SAE grade is required to appear on the principal display panel, only if the SAE grade appears on the can lid and is expressed in letters and numerals in type size of at least 1/4 inch.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.27 Bakery products.

Bakery products customarily sold on the basis of count rather than weight and offered for sale in transparent packages by the producer, at a retail bakery store, are exempt from the requirements of this title.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.31 Packaging.

Variations from the packaging regulations of this title shall be allowed if there is compliance with the following provisions:

(1) Variations from declared net quantity. Variations from the declared net weight, measure or count shall be permitted if caused by unavoidable deviations in weighing, measuring or counting the contents of individual packages which occur in good packaging practice, but the variations may not be permitted to the extent that the average of the quantities in the packages of a particular commodity, or a lot of the commodity which is kept, offered, exposed for sale or sold, is below the quantity stated, and no unreasonable shortage in a package may be permitted, even though overages in other packages in the same shipment, delivery or lot compensate for the shortage. Variations above the declared quantity may not be unreasonably large.

(2) Variations resulting from exposure. Variations from the declared weight or measure shall be permitted if caused by ordinary and customary exposure to conditions that normally occur in good distribution practice and that unavoidably result in change of weight or measure, but only after the commodity is introduced into intrastate commerce. The phrase ‘‘introduced into intrastate commerce’’ as used in this paragraph means the time and the place at which the first sale and delivery of a package is made within the Commonwealth, the delivery being either of the following:

(i) Directly to the purchaser or to his agent.

(ii) To a common carrier for shipment to the purchaser, and if a shipment, delivery or lot of packages of a particular commodity remains in the possession or under the control of the packager or the person who introduces the package into intrastate commerce, exposure variations will not be permitted.

This section cited in 70 Pa. Code § 27.32 (relating to magnitude of permitted variations).

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

70 Pa. Code § 27.32 Magnitude of permitted variations.

The magnitude of variations permitted in § 27.31 (relating to packaging) shall, in the case of a shipment, delivery or lot, be determined by the facts in the individual case.

History

• Authority: The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Act of 1965 (76 P. S. § § 100-8 and 100-21), unless otherwise noted.
• Source: The provisions of this Chapter 27 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441, unless otherwise noted.

Part III Inspections and Devices

Chapter 33 Automatic Temperature Compensators

70 Pa. Code § 33.1 Scope.

This chapter applies to automatic temperature compensators utilized with an approved meter for the delivery of home heating oil to a domestic consumer.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: API—American Petroleum Institute. Automatic temperature compensator—A device interfaced with a meter for automatically adjusting the indication and registration of the measured volume of product dispensed to the volume of 60°F. Bureau—The Bureau of Standard Weights and Measures of the Department. Department—The Department of Agriculture of the Commonwealth. Hydrometer—An instrument for determining the specific gravity of a liquid. Specific gravity—The ratio of the density of a liquid to the density of pure water. Thermal expansion rate—The amount at which a volume of liquid will contract or expand per degree Fahrenheit.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.11 Method of sale—temperature compensations.

Whenever home heating oil is either sold or delivered to a domestic consumer by the use of an approved meter equipped with an automatic temperature compensator, the volume shall be in terms of the United States gallon of 231 cubic inches or the liter with the volume expressed at 60°F (15.6°C). For individual deliveries in excess of 1,000 gallons, temperature compensation may be accomplished by the use of ‘‘Table 6’’ of the American Edition of the American Society of Testing Materials—1P Petroleum Measurement Tables.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.12 Design of device.

An automatic temperature compensator shall be of a design intended by the manufacturer for the temperature compensation of home heating oils and approved under the act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715).

(1) The device shall be capable of being deactivated from the automatic temperature computing mechanism so that the attached meter may indicate in terms of the uncompensated volume.

(2) The device shall be capable of applying a security seal in such a manner that the automatic temperature compensating system cannot be disconnected and that no adjustment can be made to the system once the security seal is in place.

(3) On the meter that is equipped with an automatic temperature compensator, a clear and conspicuous statement shall appear on the meter to show that the volume delivered has been adjusted to the volume at 60°F.

(4) On meters equipped with automatic temperature compensators, means shall be provided for inserting for test purposes a thermometer either in the liquid chamber of the meter or in the meter inlet or in the discharge line immediately adjacent to the meter.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.13 Test of automatic temperature compensators.

(a) Settings and adjustments on automatic temperature compensators shall be performed utilizing ‘‘Table 6’’ of the American Edition of the American Society for Testing Materials—1P, Petroleum Measurement Tables. Appropriate thermal expansion rate determinations shall be performed in one of the following manners:

(1) A statement by the supplier to the dealer indicating the API specific gravity number or thermal expansion rate.

(2) Determination by a hydrometer designed to determine API specific gravity.

(3) Utilization of API No. 36 for No. 2 Fuel Oil.

(b) Temperature determinations in adjusting an automatic temperature compensator shall be accomplished by the use of a liquid in glass mercury thermometer accurate to within ± 1°F.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.14 Tolerances.

Meters equipped with automatic temperature compensators shall agree to within the tolerances as prescribed in ‘‘Table 1, Tolerances for Vehicle Tank Meters’’ of the ‘‘Vehicle Tank Meter Code’’ of the National Bureau of Standards Handbook 44.

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

70 Pa. Code § 33.21 Duties of owners and operators of automatic temperature compensators.

(a) If a meter is equipped with an automatic temperature compensator, it shall be connected, operable and in use at all times. The automatic temperature compensator may not be removed, nor may a compensated meter be replaced on a delivery vehicle with an uncompensated meter without the written approval of the Director of the Bureau.

(b) If a person or business utilizes automatic temperature compensators, then they shall only sell home heating oil by the use of a meter equipped with an automatic temperature compensator, and delivery vehicles operated by that business used to deliver home heating oil to domestic consumers shall be equipped with a meter and an automatic temperature compensator.

(c) Metered delivery tickets shall have clearly printed on them, in identical size and type as that used in the sellers address, the statement ‘‘Volume Delivered Adjusted to 60°F.’’

History

• Authority: The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. § § 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unless otherwise noted.
• Source: The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B. 913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

Chapter 37 Precious Metals

70 Pa. Code § 37.1 Posting of prices.

(a) When a weighing device is used to purchase precious metals, there shall be posted, on a conspicuous sign located close to the weighing device, a statement of prices for the precious metals being purchased as a result of the weight determination.

(b) The statement of prices shall include, but not be limited to, the following in terms of the price per troy ounce:

(1) The price for 24 karat, 18 karat, 14 karat and 10 karat gold.

(2) The price for pure silver and sterling silver.

(3) The price for platinum.

(c) When the weight determination is expresed in metric units, a conversion chart to troy ounces shall be prominently displayed so as to facilitate price comparison. The metric equivalent of a troy ounce is 31.10348 grams.

History

• Authority: The provisions of this Chapter 37 issued under act of February 24, 1984 (P. L. 92, No. 17) (73 P. S. § § 1931—1942), unless otherwise noted.
• Source: The provisions of this Chapter 37 adopted November 23, 1984, effective November 24, 1984, 14 Pa.B. 4282, unless otherwise noted.

70 Pa. Code § 37.2 Scales and weighing devices.

(a) A weighing device used in the purchase of precious metals shall be positioned in such a manner that its indications may be accurately read and the weighing operation observed from a position which may be reasonably assumed by the buyer and seller. A verbal statement of the result of the weighing shall be made by the person operating the device and recorded on the dealer’s record of transaction.

(b) The minimum graduation on the weighing device used for the purchase of precious metals shall not exceed .1 gram or .1 pennyweight for weighing devices whose capacities are 3,000 grams or 100 troy ounces and less. The minimum weight load permitted to be determined on a weighing device shall not be less than the equivalent of 25 times the smallest graduation on the weighing device.

(c) This section is subject to the Weights and Measures Act of 1965 (73 P. S. § § 1651—1692).

History

• Authority: The provisions of this Chapter 37 issued under act of February 24, 1984 (P. L. 92, No. 17) (73 P. S. § § 1931—1942), unless otherwise noted.
• Source: The provisions of this Chapter 37 adopted November 23, 1984, effective November 24, 1984, 14 Pa.B. 4282, unless otherwise noted.

Part IV On-Farm-Produced Denatured Ethyl Alcohol

Chapter 101 General Provisions

70 Pa. Code § 101.1 Scope.

This chapter governs the licensing of on-farm producers of denatured ethyl alcohol and the manufacture, use and sale of on-farm-produced denatured ethyl alcohol.

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. Bureau—The Bureau of Weights and Measures of the Department. Department—The Department of Agriculture of the Commonwealth. Denatured ethyl alcohol—A flammable volatile hydrocarbon liquid that was fermented and distilled from raw agricultural products such as grains, fruits or forage crops, and that was rendered unfit for human consumption through the addition of an obnoxious substance that does not impair the usefulness of the alcohol for other purposes. Distillery—A place or building located on a farm owned by the licensee where alcohol is manufactured. Farm—Premises which were devoted to agricultural use during the preceding 3 years and which are not less than 10 contiguous acres in area or have anticipated yearly gross income of $2,000 from agriculture excluding income from the sale of denatured ethyl alcohol. On-farm-production—The production in a distillery of denatured ethyl alcohol from Pennsylvania-grown crops. Person—A natural person, corporation, partnership and association. Proof—A number describing the strength of the denatured ethyl alcohol solution which is double the percentage of alcohol in the solution. For example, 100 proof means 50% alcohol.

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.3 Licensing requirements.

(a) An application for a license to engage in the on-farm production of denatured ethyl alcohol shall be filed with the Department on an application form provided by the Department.

(b) An applicant for a license shall obtain a permit from the United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms before operating the distillery. A copy of this permit shall be submitted with the application form.

(c) A license issued under this chapter shall expire on December 31 in the year for which it is issued.

(d) A license issued under this chapter is not transferable.

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.4 Operation of the distillery.

(a) A license issued under this chapter entitles only the licensee to produce denatured ethyl alcohol which shall be denatured under 27 CFR Part 21 (relating to formulas for denatured alcohol and rum).

(b) A licensee shall construct and operate its distillery and associated storage facilities in accordance with applicable Federal, State and local laws.

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.5 Recordkeeping.

(a) A license under this chapter shall keep for each day it operates a distillery a record containing the following information:

(1) Kind, quantity and the source of the crops used.

(2) Quantity and proof of the denatured ethyl alcohol produced.

(b) A record required to be kept under this section shall be maintained for at least 5 years and shall be made immediately available to the Department upon request.

This section cited in 70 Pa. Code § 101.6 (relating to inspections).

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.6 Inspections.

(a) Upon the request of an agent of the Department during regular and usual business hours, or at other times when a reasonable belief that a violation of this chapter may exist, a licensee shall:

(1) Produce for inspection records maintained under § 101.5 (relating to recordkeeping).

(2) Permit the agent to examine the distillery and related storage facilities.

(b) The Department’s agent will advise the licensee that the inspection is being conducted under section 1712(f) of The Administrative Code of 1929 (71 P. S. § 452(f)) and this chapter.

(c) The Department reserves the right to enter and conduct an inspection at least annually and at other times upon complaint or reasonable belief that a violation of this chapter may exist. The Department reserves the right to enter and conduct a special inspection as a follow-up to a previous inspection that revealed noncompliance with this chapter.

(d) Failure of a licensee to produce records for inspection or to permit examination of its distillery or related storage facilities may be grounds for suspension, revocation or denial of a license issued under this chapter. An action taken by the Department under this subsection shall be subject to 2 Pa.C.S. § 504 (relating to hearing and record).

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

70 Pa. Code § 101.7 Annual report and fee.

(a) Annual report. A person who was licensed under this chapter during the preceding calendar year shall file on or before January 30 an annual report with the Department covering the operation of the distillery during the preceding year. The report shall be on a form provided by the Department.

(b) Fee. The annual report shall be accompanied by a fee based upon the volume of denatured ethyl alcohol produced during the preceding year in accordance with the following schedule: Alcohol Produced…Fee

History

• Authority: The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929 (71 P. S. § 452), unless otherwise noted.
• Source: The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163, unless otherwise noted.

Part V State Metrology Laboratory

Chapter 110 General Provisions

70 Pa. Code § 110.1 Metrology services.

(a) The State Metrology Laboratory provides testing services including calibration to ASTM, NIST and OIML standards.

(b) Requests for testing services must be made by appointment. No standards or equipment will be accepted for testing without appointment.

(c) Units submitted for testing or calibration must be cleaned before submission.

History

• Authority: The provisions of this § 110.2 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 110.2 amended December 24, 2010, effective December 25, 2010, 40 Pa.B. 7366; amended August 20, 2021, effective August 21, 2021, 51 Pa.B. 5248. Immediately preceding text appears at serial pages (354833) to (354834).

70 Pa. Code § 110.2 State Metrology Laboratory fee schedule.

(a) General. The State Metrology Laboratory shall charge a fee for any testing services it provides under authority of the act. These services include actual metrology laboratory calibration, type evaluation and any other services identified in subsection (c).

(b) Exemptions.

(1) Agencies of the Commonwealth are exempt from having to pay any of the fees established in this section.

(2) A city or county which is required to procure standards of weights and measures and additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) to enforce the act is exempt from having to pay fees with respect to the calibration, evaluation or other testing of those standards and that equipment.

(c) Schedule of fees. The State Metrology Laboratory shall charge the following fees for the indicated calibration services:

(d) Payment of fees. A nonrefundable deposit for the estimated fee shall be submitted when the calibration request is made. Fees are payable at the time the metrology service is provided, regardless of whether the item calibrated is certified or approved.

The provisions of this § 110.2 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.

The provisions of this § 110.2 amended December 24, 2010, effective December 25, 2010, 40 Pa.B. 7366; amended August 20, 2021, effective August 21, 2021, 51 Pa.B. 5248. Immediately preceding text appears at serial pages (354833) to (354834).

This section cited in 70 Pa. Code § 10.10 (relating to fees).

History

• Authority: The provisions of this § 110.2 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S. § § 4101—4194.
• Source: The provisions of this § 110.2 amended December 24, 2010, effective December 25, 2010, 40 Pa.B. 7366; amended August 20, 2021, effective August 21, 2021, 51 Pa.B. 5248. Immediately preceding text appears at serial pages (354833) to (354834).