Pennsylvania Act 1961-173 — REGULATING SALE OF ELECTRON TUBES FOR RADIO, TELEVISION, ETC.

Act text

REGULATING SALE OF ELECTRON TUBES FOR RADIO, TELEVISION, ETC.
                 Act of Jun. 13, 1961, P.L. 292, No. 173              Cl. 12
                                  AN ACT

     Regulating the sale of electron receiving and picture tubes used
        in home type radio and television receivers or other home
        type electronic devices, and fixing penalties.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--As used in this act:
        A "tube" is an electron receiving tube or cathode ray tube
     (commonly known as a picture tube), designed primarily for use
     in a home type television or radio receiver, phonograph, tape
     recorder, or any combination thereof, or other home type
     electronic device or appliance.
        "Used tube" or a "second-hand" tube is a tube which has been
     subjected to consumer or demonstrator use as an entity.
        A "used component" is any part or material salvaged from a
     used or second-hand tube.
        A "tube utilizing used components" is a tube which has not
     been used as an entity but which in the manufacture thereof has
     utilized one or more used components. Such a tube shall not be
     deemed to be a used or second-hand tube within the meaning of
     this act.
        A "reactivated tube" is a weak, worn-out or defective tube
     which has been temporarily reactivated by the administration of
     a charge of high voltage electric current to the elements
     thereof.
        "Person" means an individual, partnership, firm, association
     or corporation.
        Section 2.  Prohibitions.--(a) Except as hereinafter
     provided, no person shall knowingly distribute or sell, offer to
     distribute or sell, expose for distribution or sale, possess
     with intent to distribute or sell or otherwise dispose of, for a
     consideration any reactivated tube, second-hand tube or used
     tube or tube utilizing used components without clearly
     disclosing the true or actual quality or condition of such tube
     by means of a stamp, mark, tag, notice or label attached to such
     tube and to any carton or container thereof in such manner that
     it cannot readily be removed or of such a nature as to remain in
     place until removed by the purchaser at retail.
        (b)  No person other than a purchaser at retail for his own
     use and consumption shall remove, deface, cover, obliterate,
     mutilate, alter or cause to be removed, defaced, covered,
     obliterated, mutilated or altered any notice, tag or label from
     any tube, carton or container therefor, required under this act.
        (c)  No person performing services or repairs, for any
     consideration whatsoever, on a home type radio or television
     receiver, phonograph, tape recorder or any combination thereof,
     or other home type electronic device or appliance, shall
     knowingly install therein any reactivated tube, second-hand tube
     or used tube or tube utilizing used components, without
     disclosing the true or actual quality or condition of such tube
     on a written invoice furnished to the customer, irrespective of
     the fact that such tube or the carton or container therefor
     contains a notice, tag, or label disclosing such quality or
     condition.
        (d)  No used tube, second-hand tube, or reactivated tube, or
     tube utilizing used components, may be knowingly represented,
     directly or indirectly, to be a new tube.
        (e)  No reactivated tube, second-hand tube or used tube, may
     be knowingly represented, directly or indirectly, to be a first
     quality tube.
        (f)  No person shall reactivate or cause to be reactivated
     any weak, worn-out or defective tube for the purpose of
     deceiving any other person.
        (g)  No person shall have in his possession any electrical
     device or tool or other instrument adapted to or commonly used
     for reactivating any weak, worn-out or defective tube under
     circumstances evincing an intent to use or employ or allow the
     same to be used or employed, for the purpose of deceiving any
     other person, or knowing that the same are intended to be so
     used.
        (h)  No tube which is represented by the retail seller
     thereof as guaranteed by the use of such word or words of
     similar import shall be knowingly sold to any purchaser at
     retail for home consumption unless a writing disclosing the
     nature, extent and duration of the guarantee, the identity of
     the guarantor and the manner in which the guarantor will perform
     thereunder is furnished to such purchaser at the time of
     purchase. No tube, knowingly sold as aforesaid, shall be
     represented as fully guaranteed or unconditionally guaranteed by
     the use of such words or words of similar import, unless the
     written guarantee furnished to the purchaser at retail for home
     consumption at the time of purchase is free from any conditions
     or limitations whatsoever.
        (i)  No person shall knowingly represent that a tube is being
     sold at a reduced price or at a savings when the alleged
     reduction or savings is from a fictitious price. Without
     limiting the generality of the foregoing, an alleged reduction
     or savings is from a fictitious price:
        (1)  When the alleged reduction or savings of a rejuvenated
     tube, second-hand tube or used tube is from the manufacturer's
     established list price for his first quality new tubes; or
        (2)  When the alleged reduction of a tube utilizing used
     components is from the manufacturer's established list price for
     tubes utilizing only new components in the manufacture thereof;
     or
        (3)  When the list price of a manufacturer, other than the
     owner of the brand name appearing on the tube being sold, is
     knowingly employed in connection with such sale as indicative of
     such reduction.
        (j)  No representations shall be made, directly or
     indirectly, concerning a tube by reference to a patent license
     pursuant to which such tube was manufactured, which could
     mislead any other person into the belief that such tube is
     manufactured or sponsored by said patent licensor, when such is
     not the fact.
        Section 3.  Penalty.--(a) Any person violating the provisions
     of this act shall be guilty of a misdemeanor, and, upon
     conviction thereof, shall be sentenced to pay a fine not
     exceeding five hundred dollars ($500) or to undergo imprisonment
     not exceeding one year, or both.
        (b)  Proof that no person has been misled or deceived, or
     otherwise damaged by any violation of this act, shall not
     constitute a defense in any prosecution under this act.
        (c)  Proof that the defendant did not knowingly or
     intentionally violate such provision shall constitute a good
     defense in any prosecution for a misdemeanor under this act.
        Section 4.  Application of Act.--Nothing in this act shall
     apply to any television or sound radio broadcasting station or
     to any publisher or printer of a newspaper, magazine or other
     form of printed advertising, who broadcasts, publishes or prints
     such advertisement.
        Section 5.  This act shall take effect in ten days.