Pennsylvania Act 1937-276 — WEIGHTS AND MEASURES, REGULATION

Act text

WEIGHTS AND MEASURES, REGULATION
                 Act of May 28, 1937, P.L. 1007, No. 276              Cl. 31
                                  AN ACT

     To prevent fraud and deception; regulating the weights and
        measures in the sale or offering for sale of fruits and
        vegetables in this Commonwealth; regulating sales of fruits
        and vegetables in original unbroken standard containers;
        imposing certain powers and duties on the Department of
        Internal Affairs and county and city inspectors of weights
        and measures; and prescribing penalties.

        Section 1.  Be it enacted, &c., That the term "original
     unbroken standard container," as used in this act, shall be
     construed to mean any barrel, box, basket, bag or similar
     container approved by any proper Federal agency as a standard
     container for fruits and vegetables under or in accordance with
     any act of the Congress of the United States or approved under
     or in accordance with the laws of this Commonwealth or under the
     authority of this act by the Department of Internal Affairs of
     this Commonwealth, and the contents of which have not been
     removed or repacked by any person whatever.
        Section 2.  Hereafter it shall be lawful for any person,
     copartnership, association or corporation to sell or offer for
     sale at wholesale or retail in this Commonwealth, fruits and
     vegetables in original unbroken standard containers, as herein
     defined, but sales in such original unbroken standard containers
     shall be lawful only if there shall appear thereon a plain and
     conspicuous statement showing correctly the quantity of fruits
     and vegetables contained therein in terms of weight, measure or
     numerical count, and only if the containers shall have been
     filled or packed in accordance with good commercial practice. If
     the contents of an original standard container are broken for
     resale at wholesale or retail, or if fruits and vegetables are
     sold in any other manner than in original unbroken standard
     containers, then such sales shall be lawful only if made by
     weight or numerical count and in no other manner whatever. It
     shall be unlawful for any person, copartnership, association or
     corporation to sell or offer for sale, at wholesale or retail,
     any fruits or vegetables the weight of which is less than that
     represented.
        (2 amended May 31, 1947, P.L.340, No.152)
        Section 3.  The Department of Internal Affairs shall have
     power to adopt tolerances allowing reasonable variations of the
     provisions of this act.
        Section 4.  The Department of Internal Affairs and the county
     and city inspectors of weights and measures are hereby charged
     with the enforcement of this act.
        Section 5.  Any person, copartnership, association or
     corporation, or his or its servants, agents or employes who
     shall violate any of the provisions of this act, shall, upon
     conviction thereof in a summary proceeding, be sentenced for a
     first offense to pay a fine of not less than twenty-five dollars
     or more than fifty dollars and costs of prosecution and in
     default of the payment of such fine and costs of prosecution,
     shall be sentenced to imprisonment for not less than ten days or
     more than twenty days, and for conviction in a summary
     proceeding for a second offense, shall be sentenced to pay a
     fine of not less than fifty dollars nor more than one hundred
     dollars, or, in default of such fine and costs of prosecution,
     shall be sentenced to imprisonment for forty days; and any
     person, copartnership, association or corporation, or his or its
     servants, agents or employes, who shall violate any of the
     provisions of this act for a third or subsequent time, shall be
     guilty of a misdemeanor, and, upon conviction thereof, shall be
     sentenced to pay a fine of not less than two hundred and fifty
     dollars nor more than five hundred dollars, or to undergo
     imprisonment for sixty days, or both, at the discretion of the
     court.
        (5 amended Apr. 21, 1949, P.L.680, No.159)
        Section 6.  All acts and parts of acts inconsistent with this
     act are hereby repealed.