act-1996-0-155•Pennsylvania Act 1996-155 — AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Pennsylvania Act 1996-155 — AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
act-1996-0-1551996 Pa. Act 155Law
Act text
AGRICULTURE CODE (3 PA.C.S.) - OMNIBUS AMENDMENTS
Act of Dec. 18, 1996, P.L. 1028, No. 155 Cl. 03
Session of 1996
No. 1996-155
SB 509
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, adding provisions relating to weights and measures;
regulating the use and sale; providing for the inspection of
weighing and measuring devices; regulating the sale and
packaging of commodities; authorizing the regulation of
persons engaged in selling, installing and repairing
commercial weighing and measuring devices; providing for
certain standards, for testing and for the sale and packaging
of certain commodities; providing for the licensing of public
weighmasters and defining their powers and duties; regulating
the sale and delivery of solid fuel and other commodities
sold by weight; regulating the manufacture, sale, offering
for sale, giving away and use of weights and measures and of
weighing and measuring devices; providing for the approval
and disapproval of such weighing and measuring devices;
regulating the delivery of light fuel oil to domestic
consumers; providing for certain powers and duties of the
Department of Agriculture; imposing penalties; and making
repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part VI of Title 3 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 41
WEIGHTS AND MEASURES
Subchapter
A. General Provisions
B. Weights and Measures Generally
C. Public Weighmasters
D. Device Type Approval
E. Domestic Fuel Oil
F. Miscellaneous Provisions
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
4101. Short title of chapter.
4102. Definitions.
§ 4101. Short title of chapter.
This chapter shall be known and may be cited as the
Consolidated Weights and Measures Act.
§ 4102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Bureau." The Bureau of Ride and Measurement Standards in
the Department of Agriculture.
"Certified Examiner of Weights and Measures." An individual
who has successfully completed the training course or courses
prescribed by the National Institute of Standards and Technology
and who complies with certification standards promulgated under
section 4110(a)(4) (relating to specific powers and duties of
department; regulations).
"Commodity." Anything such as goods, wares, merchandise,
compound mixture or preparation, products of manufacture or any
tangible personal property which may be lawfully kept, sold or
offered for sale or any product being transported by vehicle and
sold or priced by weight or any service priced by weight.
"Commodity in package form." Commodity put up or packaged in
any manner in advance of sale in units suitable for either
wholesale or retail sale, exclusive, however, of any auxiliary
shipping container enclosing packages that individually conform
to the requirements of this chapter. An individual item or lot
of any commodity not in package form as defined in this section
but on which there is a marked selling price based on an
established price per unit of weight or measure shall be
construed to be 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 the consumption
or use.
"Cord." When used in connection with wood intended for fuel
purposes, the amount of wood that is contained in a space of 128
cubic feet when the wood is racked and well stowed.
"Director." The Director of the Bureau of Ride and
Measurement Standards in the Department of Agriculture.
"Domestic consumers." Those in residences, apartment houses,
stores, churches, office buildings and similar edifices, as
distinguished from industrial plants.
"Inspector." A State inspector of weights and measures.
"Intrastate commerce." Any and all commerce or trade that is
begun, carried on and/or completed wholly within the limits of
this Commonwealth.
"Introduced into intrastate commerce." The time and place at
which the first sale and/or delivery 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.
"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.
"Nonconsumer package" or "package of nonconsumer commodity."
Any 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.
"Sealer." A sealer or deputy sealer of weights and measures
of a city, county or joint city-county jurisdiction.
"Sell" or "sale." Barter and exchange.
"Solid fuel." Anthracite, semianthracite, bituminous,
semibituminous or lignite coal, briquettes, boulets, coke, gas-
house coke, petroleum coke, carbon, charcoal or any other
natural, manufactured or patented fuel not sold by liquid or
metered measure.
"Type." A class the individual objects of which are similar
to another in design, construction, size and material.
"Use in trade or commerce." Buying or selling goods, wares,
merchandise or services.
"Vehicle." Any device in, upon or by which any property,
produce, commodity or article is or may be transported or drawn.
"Weights and measures." All 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 and devices. The term shall include, but not be
limited to, the following: parking meters, postal scales and
other scales used to determine shipping charges, pill counters,
coin-operated person weighers, coin-operated air dispensers and
coin-operated axle and vehicle scales. The term shall also
include Price Look Up (PLU) devices and Universal Product Code
(UPC) scanning systems in food establishments required to be
licensed in accordance with the act of July 7, 1994 (P.L.421,
No.70), known as the Food Act. The term shall not be construed
to include portable scales used to determine compliance with 75
Pa.C.S. Ch. 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. Such portable scales, electricity, gas, steam,
coolant, water and telephone meters and taxi meters are hereby
specifically excluded from the purview of this chapter, and none
of the provisions of this chapter shall be construed to apply to
such meters or to any appliances or accessories associated
therewith.
SUBCHAPTER B
WEIGHTS AND MEASURES GENERALLY
Sec.
4105. Systems of weights and measures.
4106. State standards of weight and measure.
4107. Office and working standards and equipment.
4108. Director and inspectors of weights and measures.
4109. General powers and duties of department.
4110. Specific powers and duties of department; regulations.
4111. Testing and inspections of standards.
4112. General testing and inspections.
4113. Registration of sellers, installers and repairers of
weighing and measuring devices.
4114. Registration and report of inspection and testing of
weighing and measuring devices used for commercial
purposes.
4115. Training program.
4116. Investigations.
4117. Inspection of packages.
4118. Stop-use, stop-removal and removal orders.
4119. Disposition of correct and incorrect apparatus.
4120. Police powers; right of entry and stoppage.
4121. Powers and duties of director and inspector.
4122. City and county sealers and deputy sealers of weights
and measures; appointment, powers and duties.
4123. City and county standards and equipment.
4124. Concurrent jurisdiction.
4125. Division of responsibilities.
4126. Duty of owners of incorrect apparatus.
4127. Method of sale of commodities.
4128. Packages; declarations of quantity and origin;
variations; exemptions.
4129. Declarations of unit price on random packages.
4130. Misleading packages.
4131. Advertising packages for sale.
4132. Sale by net weight.
4133. Misrepresentation of price.
4134. Meat, poultry and seafood.
4135. Butter, oleomargarine and margarine.
4136. Fluid dairy products.
4137. Flour, corn meal and hominy grits.
4138. Potatoes.
4139. Construction of contracts.
4140. Hindering or obstructing officer; penalties.
4141. Impersonation of officer; penalties.
4142. Prohibited acts.
4143. Presumptive evidence.
§ 4105. Systems of weights and measures.
The system of weights and measures in customary use in the
United States and the metric system of weights and measures are
jointly recognized, and one or both of these systems shall be
used for all commercial purposes in this Commonwealth. The
definitions of basic units of weight and measure, the tables of
weight and measure and weights and measures equivalents as
published by the National Institute of Standards and Technology
are recognized and shall govern weighing and measuring equipment
and transactions within this Commonwealth.
§ 4106. State standards of weight and measure.
Such weights and measures in conformity with the standards of
the United States as have been supplied to the Commonwealth by
the Federal Government or otherwise obtained by the Commonwealth
for use as State standards shall, when the same have been
certified as being satisfactory for use as such by the National
Institute of Standards and Technology, be the State standards of
weight and measure. The State standards shall be kept in a safe
and suitable place in the State Metrology Laboratory, shall not
be removed except for repairs or for certification and shall be
submitted at least once in ten years to the National Institute
of Standards and Technology for certification. The State
standards shall be used only in verifying the office standards
and for scientific purposes. The Department of General Services
shall, within six months of the effective date of this section,
submit to the chairperson and minority chairperson of the
Agriculture and Rural Affairs Committee of the Senate and the
chairperson and minority chairperson of the Agriculture and
Rural Affairs Committee of the House of Representatives a plan
to obtain full National Institute of Standards and Technology
accreditation for the State Metrology Laboratory. Such plan
shall include recommendations to solve the space, facility and
equipment deficiencies of the laboratory.
§ 4107. Office and working standards and equipment.
In addition to the State standards provided for in section
4106 (relating to State standards of weight and measure), there
shall be supplied by the Commonwealth at least one complete set
of copies of the State standards to be kept in the office or
laboratory of the bureau and to be known as "office standards"
and also such "field standards" and such equipment as may be
found necessary to carry out the provisions of this chapter. The
office standards and field standards shall be verified upon
their initial receipt and, at least once each year thereafter,
the office standards by direct comparison with the State
standards and the field standards by comparison with the office
standards.
§ 4108. Director and inspectors of weights and measures.
There shall be a director of weights and measures and
inspectors of weights and measures and necessary technical and
clerical personnel who shall be appointed by the department and
who shall collectively comprise the State Bureau of Ride and
Measurement Standards, of which the director shall be the chief.
The department shall be allowed such sums for salaries for the
director, the inspectors and the necessary technical and
clerical employees, for necessary equipment and supplies and for
traveling and contingent expenses as shall be appropriated by
the General Assembly.
§ 4109. General powers and duties of department.
The State Metrology Laboratory shall have the custody of the
State standards of weight and measure and of the other standards
and equipment provided for by this chapter and shall keep
accurate records of the same. The department shall enforce the
provisions of this subchapter and keep a general supervision
over the weights and measures offered for sale, sold or in use
in this Commonwealth.
§ 4110. Specific powers and duties of department; regulations.
(a) Regulations.--The department shall issue from time to
time regulations for the enforcement and administration of this
subchapter, which regulations, upon being promulgated pursuant
to law, shall have the force and effect of law. These
regulations may include:
(1) Standards of net weight, measure, count and
standards of fill for any commodity in package form.
(2) Rules governing the technical and reporting
procedures to be followed and the report and record forms and
marks of approval and rejection to be used by inspectors of
weights and measures in the discharge of their official
duties.
(3) Exemptions from the sealing or marking requirements
of section 4119 (relating to disposition of correct and
incorrect apparatus) with respect to weights and measures of
such character or size that such sealing or marking would be
inappropriate, impracticable or damaging to the apparatus in
question.
(4) Institution of a program containing standards
whereby individuals shall be department-certified as
Certified Examiners of Weights and Measures. Certification
under such program may be for a given category or categories
of measuring or weighing devices or for a particular type of
device. The department shall certify only such individuals
who successfully complete the appropriate training course or
courses prescribed by the National Institute of Standards and
Technology for the type of certification sought and who
comply with departmental certification standards promulgated
under this paragraph. Any program instituted under this
paragraph shall include testing and inspection performance
standards, reporting procedures, random inspection and
testing by State inspectors of weights and measures of a
sample of devices inspected and tested by Certified Examiners
of Weights and Measures and any other type of standards or
procedures the department deems necessary to implement the
program.
(b) Specifics.--These regulations shall include
specifications, tolerances and regulations for weights and
measures of the character of those specified in section 4112
(relating to general testing and inspections) designed to
eliminate from use, without prejudice to apparatus that conforms
as closely as practicable to the official standards, those:
(1) that are not accurate;
(2) that are of such construction that they are faulty,
that is, that are not reasonably permanent in their
adjustment or will not repeat their indications correctly; or
(3) that facilitate the perpetration of fraud.
The specifications, tolerances and regulations for commercial
weighing and measuring devices, together with amendments thereto
as recommended by the National Institute of Standards and
Technology and published in National Institute of Standards and
Technology Handbook 44, and supplements thereto, or in any
publication revising or superseding Handbook 44, shall be the
specifications, tolerances and regulations for commercial
weighing and measuring devices of the Commonwealth except
insofar as specifically modified, amended or rejected by a
regulation issued by the department. For the purposes of this
subchapter, apparatus shall be deemed to be correct when it
conforms to all applicable requirements promulgated as specified
in this section; other apparatus shall be deemed to be
incorrect.
(c) Method.--Regulations shall be promulgated in the manner
prescribed by law.
(d) Reports.--On or before March 1 of each year after the
effective date of this subsection, the department shall submit a
report to the Agriculture and Rural Affairs Committee of the
Senate and the Agriculture and Rural Affairs Committee of the
House of Representatives which shall describe all relevant
activities of State inspectors of weights and measures,
Certified Examiners of Weights and Measures and city and county
sealers of weights and measures for the preceding calendar year.
The report shall contain, at a minimum, the following:
(1) An identification of the regions of this
Commonwealth served by State inspectors and city and county
sealers of weights and measures and the number of such
inspectors and city and county sealers of weights and
measures in each region.
(2) The number of inspections made by each State
inspector, Certified Examiners of Weights and Measures and
city and county sealers of weights and measures.
(3) The number and nature of enforcement actions
initiated by each State inspector and city and county sealers
of weights and measures.
(4) The disposition of each enforcement action,
including the number and nature of warnings issued by each
State inspector and city and county sealers of weights and
measures.
§ 4111. Testing and inspections of standards.
The State Metrology Laboratory at least once every five years
shall test the standards of weight and measure procured by any
city or county for which a sealer of weights and measures has
been appointed, shall approve the same when found to be correct
and shall inspect such standards at least once every two years.
§ 4112. General testing and inspections.
(a) Schedule.--When not otherwise provided by law, the
department shall have the powers to inspect and test to
ascertain if they are correct, all weights and measures kept,
offered or exposed for sale. It shall be the duty of the
department within a 12-month period, or less frequently if in
accordance with a schedule issued by it or more frequently if
deemed necessary, to assure that all weights and measures
commercially used:
(1) 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; or
(2) in computing the basic charge or payment for
services rendered on the basis of weight, measure or count or
of devices utilized to dispense services on time;
are inspected and tested to ascertain if they are correct. With
respect to single-service devices, that is, devices designed to
be used commercially only once and to be then discarded, and
with respect to devices uniformly mass produced, as by means of
a mold or die and not susceptible to individual adjustment,
tests may be made on representative samples of such devices and
the lots of which such samples are representative shall be held
to be correct or incorrect upon the basis of the results of the
inspections and tests on such samples.
(b) Annual inspections.--Notwithstanding subsection (a), it
shall be the duty of the department at least once within a 12-
month period, or more frequently if deemed necessary, to assure
that all 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
are inspected and tested to ascertain if they are correct. The
department may accept reports of Certified Examiners of Weights
and Measures as sufficient to meet the inspection and testing
requirements of this subsection, provided such inspection and
testing is performed in accordance with all applicable standards
and procedures adopted under section 4110(a)(4) (relating to
specific powers and duties of department; regulations), provided
that State inspectors of weights and measures shall conduct
inspection and testing of a sample of devices inspected and
tested by Certified Examiners of Weights and Measures.
(c) General testing and inspection of scanning devices.--
Notwithstanding any other provision of this chapter to the
contrary, within the 12-month period ending on June 30, 1998,
and every 12-month period thereafter, the department shall test
and inspect to ascertain if they are correct all commercially
used Universal Product Code scanning systems and Price Look Up
devices. A city or county may test and inspect such devices and
systems if specified in its memorandum of understanding entered
into with the department in accordance with section 4125
(relating to division of responsibilities). Such devices and
systems shall be exempt from the annual testing and inspection
requirements of this subsection if the device or system is
inspected at least annually on an unannounced basis as part of a
private certification program which conforms with the
examination procedures for price verification as adopted by the
National Conference of Weights and Measures.
§ 4113. Registration of sellers, installers and repairers of
weighing and measuring devices.
The department shall have the authority to establish, by
regulation, a program requiring the registration of persons
engaged in the business of selling, installing, servicing and
repairing various types of commercial weighing and measuring
devices. The program may prescribe minimum field standards to be
maintained by those persons to adequately test and place
weighing and measuring devices into commercial service. The
program may also require that those persons give adequate notice
to the responsible weights and measures jurisdiction of the
installation of a commercial weighing and measuring device.
§ 4114. Registration and report of inspection and testing of
weighing and measuring devices used for commercial
purposes.
The department shall establish, by regulation, a program
requiring the registration and reporting of inspection and
testing of weighing and measuring devices which are required to
be tested and inspected on an annual basis in accordance with
section 4112 (relating to general testing and inspections). A
food establishment shall register its weighing and measuring
devices at the same time it submits its annual registration
under the act of July 7, 1994 (P.L.421, No.70), known as the
Food Act. A public eating and drinking place shall register its
weighing and measuring devices at the same time it submits its
annual license fee under the act of May 23, 1945 (P.L.926,
No.369), referred to as the Public Eating and Drinking Place
Law. A commercial feed facility shall register its weighing and
measuring devices at the same time it submits its annual license
fee under section 5103 (relating to licensing). The department
shall exempt from the registration requirement of this section
any establishment engaged 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 the act of May 21, 1931 (P.L.149,
No.105), known as The Liquid Fuels Tax Act. The department shall
enter into a memorandum of understanding with the Department of
Revenue which shall specify procedures for the collection of
data relating to establishments engaged in the retail sale of
gasoline. Nothing in this section shall be construed to
authorize the department to impose a fee for the registration of
any weighing and measuring device.
§ 4115. Training program.
The department shall establish by regulation minimum training
which shall be required to be met by all inspectors and county
and city sealers. The department shall adopt the training
program prescribed by the National Institute of Standards and
Technology for inspectors and sealers of weights and measures.
§ 4116. Investigations.
The department shall investigate complaints made to it
concerning violations of the provisions of this subchapter and
shall, upon its own initiative, conduct such investigations as
it deems appropriate and advisable to develop information on
prevailing procedures in commercial quantity determination and
on possible violations of the provisions of this subchapter and
to promote the general objective of accuracy in the
determination and representation of quantity in commercial
transactions.
§ 4117. Inspection of packages.
The department shall, from time to time, weigh or measure and
inspect packages or amounts of commodities kept, offered or
exposed for sale, sold or in the process of delivery to
determine whether the same contain the amounts represented and
whether they are kept, offered or exposed for sale or sold in
accordance with law, and, when such packages or amounts of
commodities are found not to contain the amounts represented or
are found to be kept, offered or exposed for sale in violation
of law, the department may order them off sale and may so mark
or tag them as to show them to be illegal. In carrying out the
provisions of this section, the department shall use the
National Institute of Standards and Technology Handbook 133,
latest edition, containing any amendments or supplements
thereto, or which may be superseded by a new handbook, except
insofar as specifically modified, amended or rejected by a
regulation issued by the department. No person shall:
(1) sell or keep, offer or expose for sale in intrastate
commerce any package or amount of commodity that has been
ordered off sale or marked or tagged as provided in this
section unless and until such package or amount of commodity
has been brought into full compliance with all legal
requirements; or
(2) dispose of any package or amount of commodity that
has been ordered off sale or marked or tagged as provided in
this section and that has not been brought into compliance
with legal requirements in any manner except with the
specific approval of the department.
§ 4118. Stop-use, stop-removal and removal orders.
(a) Orders.--The department shall have the power to issue
stop-use orders, stop-removal orders and removal orders with
respect to weights and measures being commercially used and to
issue stop-removal orders and removal orders with respect to
packages or amounts of commodities kept, offered or exposed for
sale, sold or in the process of delivery, whenever, in the
course of the department's enforcement of the provisions of this
subchapter, the department deems it necessary or expedient to
issue such orders.
(b) Prohibitions.--No person shall use, remove from the
premises specified or fail to remove from the premises specified
any weight, measure or package or amount of commodity contrary
to the terms of a stop-use order, stop-removal order or removal
order issued under the authority of this section.
(c) Appeal.--Whenever an aggrieved person shall appeal or
seek to enjoin enforcement of any order issued by the department
pursuant to this section, such proceeding shall be brought in
the court of common pleas of the judicial district in which the
weight, measure or commodity was located at the time of the
issuance of the department's order.
§ 4119. Disposition of correct and incorrect apparatus.
(a) Approval and disapproval.--The department shall approve
for use and seal or mark with appropriate devices such weights
and measures as it finds upon inspection and test to be correct
as defined in section 4110 (relating to specific powers and
duties of department; regulations) and shall reject and mark or
tag "rejected" such weights and measures as it finds upon
inspection or test to be incorrect as defined in section 4110.
The sealing or marking shall not be required with respect to
such weights and measures as may be exempted therefrom by
regulation of the department issued under the authority of
section 4110.
(b) Seizure and disposition.--Weights and measures that have
been rejected may be confiscated and may be destroyed by the
department if not corrected as required by section 4126
(relating to duty of owners of incorrect apparatus) or if used
or disposed of contrary to the requirements of section 4126.
§ 4120. Police powers; right of entry and stoppage.
(a) Seizure without warrant.--With respect to the
enforcement of this chapter and any other acts dealing with
weights and measures, the department may seize for use as
evidence without formal warrant, incorrect or unsealed weights
and measures or amounts or packages of commodity found, prior to
seizure, to be used, retained, offered or exposed for sale or
sold in violation of law.
(b) Compliance.-- In exercising its powers under section
4112 (relating to general testing and inspections) or 4116
(relating to investigations), the department is authorized to
enter and go into or upon, without formal warrant, any
structure, vehicle or premises and to stop any person whosoever
and to require him to proceed with or without any vehicle of
which he may be in charge to the nearest available testing
apparatus tested and approved by the department, a city or a
county.
(c) Method.--The department shall utilize the method of sale
of commodities as stated in the National Institute of Standards
and Technology Handbook 130, except insofar as specifically
modified, amended or rejected by a regulation issued by the
department.
§ 4121. Powers and duties of director and inspector.
(a) Powers and duties.--The powers and duties given to and
imposed upon the department by sections 4111 (relating to
testing and inspections of standards), 4112 (relating to general
testing and inspections), 4115 (relating to training program),
4116 (relating to investigations), 4117 (relating to inspection
of packages), 4118 (relating to stop-use, stop-removal and
removal orders), 4119 (relating to disposition of correct and
incorrect apparatus), 4120 (relating to police powers; right of
entry and stoppage), 4124 (relating to concurrent jurisdiction)
and 4192 (relating to temporary or permanent injunctions) are
hereby given to and imposed upon the director and inspector also
when acting under the instructions and at the direction of the
department.
(b) Delegation of powers and duties.--The department may
delegate to city and county sealers appointed pursuant to the
provisions of section 4122 (relating to city and county sealers
and deputy sealers of weights and measures; appointment, powers
and duties) the powers and duties, or any portion thereof, given
to and imposed upon it by sections 4112, 4116, 4117, 4118, 4119,
4120 and 4192, provided that the division of inspection
responsibilities and other conditions of such delegation are
fully delineated as part of the memorandum of understanding
required pursuant to section 4125 (relating to division of
responsibilities).
§ 4122. City and county sealers and deputy sealers of weights
and measures; appointment, powers and duties.
(a) Appointment.--The mayors of cities of the second and
third class, and the several boards of county commissioners,
may, respectively, appoint one or more persons to serve as
sealers of weights and measures in the respective county or
city. In cities of the first class, the sealers shall be
appointed by the county commissioners of the county in which the
said city may be located. Nothing in this section shall be
construed to prevent two or more counties, or any county and
city, from combining the whole or any part of their
jurisdictions, as may be agreed upon by the board of county
commissioners and mayors of cities, with one set of standards
and one sealer upon the written consent of the department. Any
sealer appointed pursuant to an agreement for such combination
shall, subject to the terms of his appointment, have the same
authority and duties as if he had been appointed by each of the
authorities who are parties to the agreement.
(b) Powers and duties.--The sealer of a city or of a county
and his deputy sealers, when acting under his instructions and
at his direction, shall, but only to the extent delegated by the
department pursuant to section 4121 (relating to powers and
duties of director and inspector) and memorialized in a
memorandum of understanding executed pursuant to section 4125
(relating to division of responsibilities), have the same powers
and shall perform the same duties within the city or the county
for which appointed as are granted to and imposed upon the
director by sections 4112 (relating to general testing and
inspections), 4116 (relating to investigations), 4117 (relating
to inspection of packages), 4118 (relating to stop-use, stop-
removal and removal orders), 4119 (relating to disposition of
correct and incorrect apparatus), 4120 (relating to police
powers; right of entry and stoppage) and 4192 (relating to
temporary or permanent injunctions).
§ 4123. City and county standards and equipment.
(a) Procurement of standards.--The mayor of each city and
the board of county commissioners of each county to which a
delegation of powers and duties has been effected pursuant to
section 4121 (relating to powers and duties of director and
inspector) shall:
(1) Procure at the expense of the city or county, as the
case may be, such standards of weight and measure and such
additional equipment to be used for the enforcement of the
provisions of this subchapter in such city or county as may
be prescribed by the department.
(2) Provide a suitable office for the sealer.
(3) Make provisions for the necessary clerical services,
supplies and transportation and for defraying contingent
expenses incident to the official activities of the sealer in
carrying out the provisions of this subchapter.
(b) Official.--When the standards of weight and measure
required by this section to be provided by a city or county
shall have been examined and approved by the department, they
shall be the official standards for the city or county.
(c) Comparisons.--It shall be the duty of the sealer to make
or to arrange to have made, at least as frequently as once a
year, comparisons between his field standards and appropriate
standards of a higher order belonging to his city or county, as
the case may be, or to the Commonwealth in order to maintain the
field standards in accurate condition.
§ 4124. Concurrent jurisdiction.
In cities and counties to which a delegation of powers and
duties has been effected pursuant to section 4121 (relating to
powers and duties of director and inspector), the department
shall have concurrent authority to enforce the provisions of
this chapter.
§ 4125. Division of responsibilities.
(a) Agreements; local inspection.--The department shall
enter into memorandums of understanding with counties and with
cities to which a delegation of powers and duties has been
effected pursuant to section 4121 (relating to powers and duties
of director and inspector) for a division of inspection
responsibilities for the enforcement of this chapter and any
rules, regulations and standards promulgated under this chapter,
provided that such counties or cities satisfy the standards and
requirements established by the department to assure uniform
Statewide enforcement of this chapter. Each memorandum of
understanding shall be reviewed and updated annually and may be
revoked in whole or in part by the department in the event the
department determines that the city or county sealer enforcement
program does not satisfy the standards and requirements
established by the department as necessary to assure uniform
Statewide enforcement of this chapter. In reaching agreements to
enter into memorandums of understanding with counties and cities
employing sealers of weights and measures, the provisions of
this chapter and its regulations shall be considered as
establishing uniform requirements, regulations and standards for
weights and measures and weighing and measuring devices
throughout this Commonwealth.
(b) Reports.--Each city and county sealer shall annually and
at such other times as the department may require submit to the
department a written report of the work performed by him, of the
weights, measures and weighing and measuring devices inspected
or tested by him and the results of such inspection or test, of
all prosecutions instituted by him for violations of the
provisions of this chapter and of all other matters and things
pertaining to his duties or which may be required by the
department.
§ 4126. Duty of owners of incorrect apparatus.
(a) Rejected apparatus.--Weights and measures that have been
rejected under the authority of the department or of a sealer
shall remain subject to the control of the rejecting authority
until such time as suitable repair or disposition thereof has
been made as required by this section.
(b) Corrections.--The owners of rejected weights and
measures shall cause the same to be made correct within 30 days
or such longer period as may be authorized by the rejecting
authority or, in lieu of this, may dispose of the same but only
in such manner as is specifically authorized by the rejecting
authority.
(c) Reexamination.--Weights and measures that have been
rejected shall not again be used commercially until they have
been officially reexamined and found to be correct or until
specific written permission for use is issued by the rejecting
authority.
§ 4127. Method of sale of commodities.
(a) Liquid commodities.--General commodities in liquid form
shall be sold only by liquid measure or by weight, and, except
as otherwise provided in this subchapter, commodities not in
liquid form shall be sold only by weight, measure of length or
area or by count. Liquid commodities may be sold by weight, and
commodities not in liquid form may be sold by count only if such
methods give accurate information as to the quantity of
commodity sold.
(b) Applicability.--The provisions of this section shall not
apply to:
(1) commodities when sold for immediate consumption on
the premises where sold;
(2) vegetables when sold by the head or bunch;
(3) commodities in containers standardized by Federal or
State law;
(4) commodities in package form when there exists a
general consumer usage to express the quantity in some other
manner;
(5) concrete aggregates, concrete mixtures and loose
solid materials such as earth, soil, gravel, crushed stone
and the like when sold by cubic measure; or
(6) unprocessed vegetable and animal fertilizer when
sold by cubic measure.
(c) Regulations.--The department may issue such reasonable
regulations as are necessary to assure that amounts of commodity
sold are determined in accordance with good commercial practice
and are so determined and represented as to be accurate and
informative to all parties at interest. In issuing these
regulations, the department shall recognize the method of sale
of commodities as stated in the National Institute of Standards
and Technology Handbook 130, except as otherwise modified,
amended or rejected by regulation.
§ 4128. Packages; declarations of quantity and origin;
variations; exemptions.
(a) Declarations.--Except as otherwise provided in this
subchapter, any commodity in package form introduced or
delivered for introduction into or received in intrastate
commerce kept for the purpose of sale or offered or exposed for
sale in intrastate commerce shall bear on the outside of the
package such definite, plain and conspicuous declarations of:
(1) The identity of the commodity in the package unless
the same can easily be identified through the wrapper or
container.
(2) The net quantity of the contents in terms of weight,
measure or count.
(3) In the case of any package kept, offered or exposed
for sale or sold any place other than on the premises where
packed, the name and place of business address of the
manufacturer, packer or distributor as may be prescribed by
regulation issued by the department, provided that, in
connection with the declaration required under paragraph (2),
neither the qualifying term "when packed" or any words of
similar import nor any term qualifying a unit of weight,
measure or count (for example "jumbo," "giant," "full" and
the like) that tends to exaggerate the amount of commodity in
a package shall be used.
(b) Reasonable variations.--Under subsection (a)(2), the
department shall, by regulation, establish:
(1) Reasonable variations to be allowed which may
include variations below the declared weight or measure
caused by ordinary and customary exposure only after the
commodity is introduced into intrastate commerce to
conditions that normally occur in good distribution practice
and that unavoidably result in decreased weight or measure.
(2) Exemptions as to small packages.
(3) Exemptions as to commodities put up in variable
weights or sizes for sale intact and either customarily not
sold as individual units or customarily weighed or measured
at time of sale to the consumer.
(c) Other commodities.--All commodities not considered as
commodities in package form within the meaning of this chapter
or labeled as to net contents at the time of sale shall be
counted, measured or weighed in full view of the purchaser at
the time of sale on a weighing or measuring device approved by
the department and inspected as to accuracy by several State,
county and city inspectors of weights and measures, and a
statement of result of such count, measure or weight shall be
made to the purchaser by the person making the sale. All
commodities not considered as commodities in package form within
the meaning of this chapter or labeled as to net contents at the
time of sale, and which shall be ordered by telephone or in some
manner wherein the purchaser is not present at the time the
commodities are weighed, measured or counted, shall have marked
plainly thereon by the seller or his agent the contents either
by weight, measure or count, or a written memorandum of the same
shall be delivered with the commodity to purchaser.
§ 4129. Declarations of unit price on random packages.
In addition to the declarations required by section 4128
(relating to packages; declarations of quantity and origin;
variations; exemptions), any commodity in package form, the
package being one of a lot containing random weights, measures
or counts of the same commodity and bearing the total selling
price of the package, shall bear on the outside of the package a
plain and conspicuous declaration of the price per single unit
of weight, measure or count.
§ 4130. Misleading packages.
(a) Packaging.--No commodity in package form shall be so
wrapped nor shall it be in a container so made, formed or filled
as to mislead the purchaser as to the quantity of the contents
of the package.
(b) Contents.--The contents of a container shall not fall
below such reasonable standard of fill as may have been
prescribed for the commodity in question by the department.
§ 4131. Advertising packages for sale.
(a) Quantity of contents.--Whenever a commodity in package
form is advertised in any manner and the retail price of the
package is stated in the advertisement, there shall be closely
and conspicuously associated with such statement of price a
declaration of the basic quantity of contents of the package as
is required by law or regulation to appear on the package.
(b) Exaggerations prohibited.--In connection with the
declaration required under this section, there shall be declared
neither the qualifying term "when packed" nor any other words of
similar import nor any term qualifying a unit of weight, measure
or count (for example "jumbo," "giant," "full" and the like)
that tends to exaggerate the amount of commodity in the package.
(c) Dual declaration.--Where the law or regulation requires
a dual declaration of net quantity to appear on the package,
only the smaller of the two units of weight or measure need
appear in the advertisement.
§ 4132. Sale by net weight.
The word "weight" as used in this subchapter in connection
with any commodity shall mean net weight. Whenever any commodity
is sold on the basis of weight, the net weight of the commodity
shall be employed, and all contracts concerning commodities
shall be so construed.
§ 4133. Misrepresentation of price.
(a) Pricing.--Whenever any commodity or service is sold or
is offered, exposed or advertised for sale by weight, measure or
count, the price shall not be misrepresented nor shall the price
be represented in any manner calculated or tending to mislead or
deceive an actual or prospective purchaser.
(b) Unit of weight.--Whenever an advertised, posted or
labeled price per unit of weight, measure or count includes a
fraction of a cent, all elements of the fraction shall be
prominently displayed, and the numeral or numerals expressing
the fraction shall be immediately adjacent to, of the same
general design and style as and at least one-half the height and
width of the numerals representing the whole cents.
§ 4134. Meat, poultry and seafood.
Except for immediate consumption on the premises where sold
or as one of several elements comprising a ready-to-eat meal
sold as a unit for consumption elsewhere than on the premises
where sold, all meat, meat products, poultry (whole or parts)
and all seafood, except shellfish offered or exposed for sale or
sold as food, shall be offered or exposed for sale and sold by
weight. The following may be sold by weight, measure or count:
(1) Items sold for consumption on the premises.
(2) Items sold as one of three or more different
elements, excluding condiments, comprising a ready-to-eat
meal sold as a unit for consumption elsewhere than on the
premises where sold.
(3) Ready-to-eat chickens and chicken parts cooked on
the premises but not packaged in advance of sale.
(4) Sandwiches when offered or exposed for sale on the
premises where packed or produced and not intended for
resale.
§ 4135. Butter, oleomargarine and margarine.
Butter, oleomargarine and margarine shall be offered and
exposed for sale and sold by weight and only in units of one-
quarter pound, one-half pound or one pound. Butter may be sold
in multiples of one pound. Tub butter packaged on the premises
where sold and in advance of sale may be sold in random weights.
§ 4136. Fluid dairy products.
(a) Quantities.--All fluid dairy products, including, but
not limited to, whole milk, skimmed milk, cultured milk, sweet
cream, sour cream and buttermilk, shall be packaged for retail
sale only in units of one gill, one-half liquid pint, ten fluid
ounces, 12 fluid ounces, one liquid pint, one-third liquid
quart, one liquid quart or multiples of one liquid quart, one-
half gallon, one gallon or multiples of one gallon.
(b) Small packages.--Packages in units of less than one gill
shall be permitted.
(c) Metric.--Metric equivalent packages of fluid dairy
products shall only be units of 125 milliliters, 250
milliliters, 500 milliliters, 1 liter or multiples of 1 liter.
§ 4137. Flour, corn meal and hominy grits.
(a) Increments of weight.--When in package form and when
packed, kept, offered or exposed for sale or sold, wheat flour,
whole wheat flour, graham flour, self-rising wheat flour,
phosphated wheat flour, bromated flour, enriched flour, enriched
self-rising flour, enriched bromated flour, corn flour, corn
meal and hominy grits shall be packaged only in units of 3, 5,
10, 25, 50 or 100 pounds of avoirdupois weight.
(b) Small packages.--Packages in units of less than three
pounds or more than 100 pounds shall be permitted.
§ 4138. Potatoes.
(a) Increments of weight.--All potatoes packed for sale,
offered or exposed for sale in this Commonwealth shall be
packaged in containers of net avoirdupois weights of 3, 5, 10,
15, 20, 25, 50 and 100 pounds and multiples of one hundred
pounds. Packages in units of less than three pounds shall be
permitted.
(b) Exceptions.--The provisions of this section shall not
apply to:
(1) potatoes offered to the consumer at retail from bulk
stock;
(2) the sale of potatoes to processors or for export;
(3) the sale of peeled, cut or sliced potatoes, or
frozen or dehydrated potatoes, or precooked dehydrated or
dried potatoes;
(4) the sale of seed potatoes; or
(5) the sale of sweet potatoes or yams.
§ 4139. Construction of contracts.
Fractional parts of any unit of weight or measure shall mean
like fractional parts of the value of such unit as prescribed or
defined in sections 4102 (relating to definitions) and 4105
(relating to systems of weights and measures), and all contracts
concerning the sale of commodities and services shall be
construed in accordance with this requirement.
§ 4140. Hindering or obstructing officer; penalties.
Any person who shall hinder or obstruct in any way the
department, the director or any one of the inspectors or a
sealer or deputy sealer in the performance of his official
duties shall, upon conviction, be subject to criminal penalties
in accordance with section 4191(a) (relating to offenses and
penalties).
§ 4141. Impersonation of officer; penalties.
Any person who shall impersonate in any way the department,
the director or any one of the inspectors or a sealer or deputy
sealer by the use of his seal or a counterfeit of his seal or in
any other manner commits a misdemeanor and, upon conviction,
shall be subject to criminal penalties in accordance with
section 4191(a) (relating to offenses and penalties).
§ 4142. Prohibited acts.
(a) General rule.--It shall be unlawful:
(1) To use or have in possession for the purpose of
using for any commercial purpose specified in section 4112
(relating to general testing and inspections), sell, offer or
expose for sale or hire or have in possession for the purpose
of selling or hiring an incorrect weight or measure or any
device or instrument used to or calculated to falsify any
weight or measure.
(2) To use or have in possession for the purpose of
current use for any commercial purpose specified in section
4112 a weight or measure that does not bear a seal or mark
such as specified in section 4119 (relating to disposition of
correct and incorrect apparatus) unless such weight or
measure has been exempted from testing by provisions of
section 4112 or by regulation of the department issued under
the authority of section 4110 (relating to specific powers
and duties of department; regulations).
(3) To dispose of any rejected or condemned weight or
measure in a manner contrary to law or regulation.
(4) To remove from any weight or measure contrary to law
or regulation any tag, seal or mark placed thereon by the
appropriate authority.
(5) To sell, offer or expose for sale less than the
represented quantity of any commodity, thing or service,
provided, however, that, if a commodity is prepackaged by
someone other than the possessor, the possessor shall not be
deemed to have made a representation within the purview of
this subsection if the representation appears on the label of
the prepackaged commodity.
(6) To take more than the quantity he represents of any
commodity, thing or service when, as buyer, he furnishes the
weight or measure by means of which the amount of the
commodity, thing or service is determined.
(7) To keep for the purpose of sale, advertise, offer or
expose for sale or sell any commodity except commodities
prepackaged by someone other than the possessor, or service
in a condition or manner contrary to law or regulation.
(8) To use in retail trade, except in the preparation of
packages put up in advance of sale, and of medical
prescriptions, a weight or measure that is not so positioned
that its indications may be accurately read and the weighing
or measuring operation observed from some position which may
be reasonably assumed by a customer.
(9) To violate any provision of this subchapter or of
the regulations promulgated under the provisions of this
subchapter for which a specific penalty has not been
prescribed.
(b) Offenses by inspectors and sealers of weights and
measures.--It shall be unlawful for any inspector or sealer:
(1) To use any tests or standards, or to attempt to use
the same, in ascertaining the correctness or accuracy of
weights and measures until such comparisons are made and
their accuracy established and a certificate of conformance
issued therefor as provided by this chapter.
(2) To manufacture, sell or offer to sell any weighing
or measuring device used in the sale of commodities.
(3) To repair, adjust or offer to repair or adjust any
weighing or measuring device.
§ 4143. Presumptive evidence.
For the purposes of this subchapter, proof of the existence
of a weight or measure or a weighing or measuring device in or
about any building, enclosure, stand or vehicle in which or from
which it is shown that buying or selling is commonly carried on
shall be presumptive proof of the regular use of such weight or
measure or weighing or measuring device for commercial purposes
and of such use by the person in charge of such building,
enclosure, stand or vehicle.
SUBCHAPTER C
PUBLIC WEIGHMASTERS
Sec.
4150. Enforcement and regulations.
4151. Licenses.
4152. Weighmasters' certificates.
4153. Preparation of weighmaster's certificate.
4154. Use of approved weighing device required.
4155. Scale requirement.
4156. Disposition of copies of certificates.
4157. License required; definition.
4158. Suspension or revocation of licenses.
4159. Prohibited acts.
4160. Sales by weight.
4161. Separation required.
4162. Substitution of another purchaser in weighmaster's
certificate.
4163. Authorization to inspect and direct to nearest scales.
4164. Weighmaster's certificate required.
4165. Small lots.
4166. Exception for boatloads or railroad carloads.
4167. Rules and regulations.
4168. Sales by employer-producer to employees.
4169. Existing licenses.
§ 4150. Enforcement and regulations.
(a) General rule.--The director is authorized and directed
to enforce the provisions of this subchapter and to adopt, with
the approval of the department, such rules and regulations as
are deemed necessary to carry out the provisions of this
subchapter.
(b) Nonapplication.--The provisions of this chapter shall
not be applicable to the weighing of vehicles when conducting an
investigation for compliance with the provisions of 75 Pa.C.S.
Ch. 49 (relating to size, weight and load). The provisions of
this chapter shall not apply to a qualified Commonwealth
employee, as defined in 75 Pa.C.S. § 4102 (relating to
definitions), engaged in the inspection, weighing or measuring
of vehicles as required by 75 Pa.C.S. § 4704 (relating to
inspection by police or Commonwealth personnel), 4981 (relating
to weighing and measurement of vehicles) or 8302 (relating to
powers and duties of department).
§ 4151. Licenses.
(a) Requirement.--Except as otherwise provided in this
subchapter, no person shall make or issue a weighmaster's
certificate unless licensed by the department. Application for a
license shall be made upon a form prescribed by the department.
The application shall contain the following:
(1) The name and address of the business or businesses
for which the public weighmaster will be conducting weighing.
(2) The name and address of the residence of the
applicant.
(3) The scale locations where weighing will be conducted
by the weighmaster.
(b) Referral.--The department may refer any application for
a license as a weighmaster to any city or county inspector of
weights and measures for a report as to the accuracy of the
statements made on the application, the suitability of the scale
or scales to be used by the applicant and such other information
as the department may require.
(c) Fee.--The applicant shall pay to the department a
license fee of $60, which shall be remitted to the State
Treasurer through the Department of Revenue. The license shall
be for a period of two years from the date of issue. A license
may be renewed at the discretion of the department for
successive periods of not more than two years upon payment to
the department of a license fee of $60, which shall be remitted
to the State Treasurer through the Department of Revenue.
(d) Display.--Each license or a duplicate thereof shall be
kept conspicuously displayed at the place where the weighmaster
is engaged in weighing. In the event of the change of any name
or address appearing on any application, the licensed
weighmaster shall notify the department of the change within 48
hours.
(e) Suspension or revocation.--After a hearing and upon due
notice to the licensee, a license may be suspended or revoked by
the department for dishonesty, incompetency, inaccuracy or
failure to notify the department of any change of name or
address stated in the application, and a license may be revoked
by the department without hearing if the licensed weighmaster
has been found guilty of any violation of the provisions of this
subchapter or if the licensed weighmaster has ceased to be
employed at the places of weighing for which the license has
been issued.
(f) Records.--The department shall keep a record of all
applications received and of all licenses issued.
(g) Rules.--The department may adopt rules for determining
the qualifications of an applicant for a license as a licensed
public weighmaster.
§ 4152. Weighmasters' certificates.
The original weighmaster's certificate shall be typewritten
or made out in ink or indelible pencil, and the original and
each copy of the certificate shall show all of the following:
(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 permanent identification.
(5) The signature and license number of the licensed
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, where the load is divided into lots, the net
weight of each lot. All the information under the paragraph
must be determined by the same weighmaster in accordance with
the rules and regulations of the department.
(8) A sequential serial number.
§ 4153. Preparation of weighmaster's certificate.
A licensed public weighmaster shall not enter on a
weighmaster's certificate issued by the weighmaster any weight
values which the weighmaster has not personally determined, and
the weighmaster shall make no entries on a weighmaster's
certificate issued by another person. A weighmaster's
certificate shall be so prepared as to show clearly what weight
or weights were actually determined. If the certificate form
provides for the entry of gross, tare and net weights in any
case in which only the gross, the tare or the net weight is
determined by the weighmaster, he shall strike through or
otherwise cancel the printed entries for the weights not
determined or computed. If gross and tare weights are shown on a
weighmaster's certificate and both of these were not determined
on the same scale and on the day for which the certificate is
dated, the weighmaster shall identify on the certificate the
scale used for determining each weight and the date of each
determination.
§ 4154. Use of approved weighing device required.
When making a weight determination as provided for by this
subchapter, a licensed public weighmaster shall use a weighing
device approved by the bureau in accordance with Subchapter D
(relating to device type approval) which is of a type suitable
for the weighing of the amount and kind of material 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.
§ 4155. Scale requirement.
A licensed public weighmaster shall not use a scale to weigh
a load which exceeds the normal or rated capacity of the scale,
nor shall the public weighmaster engage in multiple-draft
weighing where the vehicle exceeds the length of the scale.
§ 4156. Disposition of copies of certificates.
The original copy of a weighmaster's certificate shall be
delivered to the purchaser of the commodity specified in the
certificate at the time of delivery. One copy of the certificate
shall be retained at the place of weighing, and one copy may be
retained by the business selling or delivering the commodity.
Copies of weighmasters' certificates in possession of licensed
weighmasters shall be retained for a period of two years and,
during business hours, shall be subject to inspection or
subpoena for use as evidence by any State, county or city
inspector of weights and measures.
§ 4157. License required; definition.
(a) License required.--No person shall assume the title
"licensed public weighmaster" or any title or similar import,
perform the duties or acts to be performed by a licensed public
weighmaster under this subchapter, hold himself or herself out
as a licensed public weighmaster, issue any weighmaster's
certificate, ticket memorandum or statement or engage in the
full-time or part-time business of public weighing unless he
holds a valid license as a licensed public weighmaster.
(b) Definition.--As used in this section, the term "public
weighing" means the weighing of any commodity for any commercial
purpose.
§ 4158. Suspension or revocation of licenses.
(a) Authorization.--The department is authorized to suspend
or revoke the license of any licensed public weighmaster:
(1) when it is satisfied, after a hearing, upon ten
days' notice to the licensee, that the licensee has violated
any provision of this subchapter or of any valid regulation
of the department affecting licensed public weighmasters; or
(2) when a licensed public weighmaster has been
convicted in any court of competent jurisdiction of violating
any provision of this subchapter or any regulation issued
under authority of this subchapter.
(b) Petition for hearing de novo.--Any licensee whose
license is suspended or revoked may, within 30 days after notice
of the suspension or revocation, file a petition in the
Commonwealth Court for a hearing de novo to determine whether
the action of the department is lawful and reasonable. The court
shall hear the petition and may make any appropriate order or
decree.
§ 4159. Prohibited acts.
(a) General rule.--It shall be unlawful:
(1) For a weighmaster to issue a false or incorrect
weighmaster's certificate.
(2) For a person to solicit a weighmaster to issue a
false or incorrect weighmaster's certificate.
(3) For a person to use or issue a weighmaster's
certificate except one prepared on a form issued or approved
by the department.
(4) For a person to print or distribute any forms of
weighmaster's certificates unless authorized to do so by the
department.
(5) For a person to use a false or incorrect
weighmaster's certificate or a weighmaster's certificate not
bearing the signature and license number of a licensed
weighmaster and the license number of the vehicle and trailer
or other means of permanent identification.
(6) For a weighmaster knowingly to permit a
weighmaster's certificate to be issued or used which purports
to bear the weighmaster's signature and which was not in fact
signed by the weighmaster at a time of weighing or which
expresses a gross, tare or net weight not ascertained by the
weighmaster.
(7) For a person to deliver solid fuel without an
official weighmaster's certificate.
(8) For a person to furnish a false name or address of a
purchaser to the licensed weighmaster at the time of
weighing.
(9) For a person to permit any diminution of a load
before its delivery to the purchaser or purchasers of the
load.
(10) Except as otherwise provided in this subchapter,
for a person to fail, neglect or refuse to deliver a correct
and lawful weighmaster's certificate to the purchaser of a
commodity whose name and address appears on the weighmaster's
certificate.
(11) For a person to otherwise directly or indirectly
violate a provision of this subchapter.
(b) Prima facie evidence of short weight.--Whenever any
commodity is sold and delivered to the purchaser named in the
approved weighmaster's certificate and the seller or the
seller's representative neglects, fails or refuses to deliver an
approved weighmaster's certificate at the time of delivery or
the net weight of the commodity is determined to be less than
the net amount stated on the approved weighmaster's certificate
or as otherwise represented to the purchaser, prima facie
evidence of short weight shall exist, and the seller may be
prosecuted under this section for short weight.
(c) Prima facie evidence of diminution of load.--Whenever
the gross weight of a vehicle and load and the tare weight and
net weight of a commodity have been determined in accordance
with the provisions of this subchapter and the net weight of the
commodity is determined to be less than that stated in a
weighmaster's certificate, proof of the determination shall
constitute prima facie evidence of the diminution of the load of
the commodity before delivery to the purchaser.
§ 4160. Sales by weight.
Any commodity shall be duly weighed by a licensed weighmaster
of this Commonwealth on accurate scales which are suitable for
weighing the tare and gross weight of the vehicle or vehicle and
trailer transporting the commodity and which are located in this
Commonwealth and have been tested and approved by an official
empowered by law to test the scales. Weighing shall be done by a
licensed weighmaster at the time of sale or delivery.
§ 4161. Separation required.
When more than one type of solid fuel or other commodity is
sold or delivered to a consumer, the vehicle making the delivery
shall have a partition separating each type of solid fuel or
other commodity, and each type shall be accompanied by a
weighmaster's certificate, except as otherwise provided for in
this subchapter.
§ 4162. Substitution of another purchaser in weighmaster's
certificate.
If a person is, for practical reasons, unable to deliver a
commodity to the purchaser originally designated in the
weighmaster's certificate, the person may substitute the name
and address of another purchaser, provided that a report of the
substitution is made to the licensed weighmaster within 24
hours.
§ 4163. Authorization to inspect and direct to nearest scales.
Any State, county or city inspector of weights and measures
who finds any commodity ready for or in process of delivery may
inspect the commodity as to its weight and may direct the person
in charge of the delivery of the commodity to convey the
commodity to the nearest available scales operated by a
weighmaster designated by the inspector. The inspector shall
determine the gross weight of the commodity and the vehicle on
which it is carried and shall direct the person in charge to
return to the scales immediately upon unloading the commodity.
Upon return of the vehicle, the inspector shall determine the
weight of the vehicle without load and determine the net weight
of the load delivered. The person in charge of a vehicle
containing such a commodity or from which the commodity has been
unloaded shall not fail to take the vehicle, upon the direction
of the inspector of weights and measures, to the scales required
in this section and shall not refuse to permit the commodity or
vehicle to be weighed.
§ 4164. Weighmaster's certificate required.
(a) General rule.--No person shall sell, transport over a
public highway, deliver or cause to be delivered or start out to
deliver any solid fuel in a lot or lots in amounts exceeding 100
pounds without each lot in each separate compartment of the
vehicle or vehicle and trailer being accompanied by a
weighmaster's certificate issued by a licensed weighmaster of
this Commonwealth. This subsection does not apply when weighing
takes place at the point of delivery or sale.
(b) Exception.--This section shall not apply to a producer
of solid fuel who 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 a
purpose other than for sale.
§ 4165. Small lots.
When solid fuel is sold in lots not exceeding 100 pounds, the
provisions of section 4164(a) (relating to weighmaster's
certificate required) shall not apply if the solid fuel is
delivered in closed containers or closed bags and the net
contents of the bag or container, expressed in avoirdupois
pounds, the type of solid fuel and the name, address, city,
state and zip code of the seller are plainly stamped or printed
on the containers or bags or upon a tag securely attached to the
containers or bags.
§ 4166. Exception for boatloads or railroad carloads.
Section 4164(a) (relating to weighmaster's certificate
required) shall not apply to 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.
§ 4167. Rules and regulations.
The department shall have the power to adopt and promulgate
rules and regulations necessary to carry out the provisions of
this subchapter. All previous rules and regulations shall remain
in full force and effect until new or amended rules and
regulations are adopted by the department.
§ 4168. Sales by employer-producer to employees.
In any case where under the provisions of a contract it is
provided that solid fuel be sold at cost by an employer-producer
to his employees for their own use and consumption, the solid
fuel may be sold by cubic contents instead of weight, but no
solid fuel so sold shall be transported over the highways of
this Commonwealth from the place of production to the residence
of the employee unless the operator of the vehicle possesses a
certificate of origin. The certificates of origin shall contain
such information as may be prescribed by the department and
shall be signed by the producer or the producer's agent, and a
copy of each certificate shall be kept at the place of
production for at least two years.
§ 4169. Existing licenses.
A person who holds a valid license issued under the act of
July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel
Weight Regulation Law, or the act of April 28, 1961 (P.L.135,
No.64), known as the Public Weighmaster's Act, immediately prior
to the effective date of this subchapter shall, on the effective
date of this subchapter, be deemed licensed by the department
under this subchapter, and existing licenses shall continue to
be valid until their respective expiration dates, unless sooner
suspended or revoked.
SUBCHAPTER D
DEVICE TYPE APPROVAL
Sec.
4170. Approval of types of weights and measures and weighing
and measuring devices.
4171. Submission of types for approval.
4172. Certificates of approval; notice of disapproval; appeals.
4173. Manufacture, sale or use of unapproved weights, measures
and devices.
4174. Marking of approved weights and measures.
4175. Marking of weights and measures "not legal for trade."
4176. Rules and regulations.
4177. Sealing of approved weights and measures.
4178. Fees.
4179. Enforcement.
§ 4170. Approval of types of weights and measures and weighing
and measuring devices.
The bureau is authorized to pass upon each type of weight and
measure and weighing and measuring device manufactured, offered
or exposed for sale or sold or given away for the use in trade
or commerce or used in trade or commerce in this Commonwealth,
and to approve or disapprove of each type. The bureau shall
approve each type of weight and measure and weighing and
measuring device submitted to it for approval by any person if
such type is so designed and constructed that it conforms to or
gives correct results in terms of standard weights or measures
or in terms of values derived therefrom, and is reasonably
permanent in its indication and adjustment, and does not
facilitate the perpetration of fraud; otherwise, the bureau
shall disapprove the same. Certificates of conformance issued
under the National Type Evaluation Program (NTEP), as
administered by the National Conference of Weights and Measures,
shall be recognized by the bureau. The director of the bureau
may require any weight or measure or any weighing or measuring
instrument or device to be issued a certificate of conformance,
as issued by the National Institute of Standards and Technology,
prior to use for commercial or law enforcement purposes.
Weighing and measuring devices sold within this Commonwealth and
designed to calculate a service for a charge shall only be
subject to provisions of this subchapter upon issuance of a rule
or regulation by the department, specifically designating which
services and types of devices would be subject to type approval
by the bureau. When issuing such rules or regulations, the
department may grandfather by exemption devices already
installed and used for calculating a service.
§ 4171. Submission of types for approval.
The submission of a type may be by sample or by
specifications if, in the best judgment of the bureau, such
specifications are adequate or in such other manner as may be
prescribed by the rules and regulations promulgated under the
authority of this subchapter.
§ 4172. Certificates of approval; notice of disapproval;
appeals.
When a type of weight or measure or weighing or measuring
device is approved, the bureau shall issue a certificate of
approval to the person submitting such type. When a type is
disapproved, the bureau shall notify the person submitting the
same of its decision, setting out the reasons therefor, together
with such information and references as may be useful in judging
of the propriety of the disapproval, and shall give the person
an opportunity to be heard in support of his application for
approval. The bureau shall then reconsider its decision. If the
new decision is adverse to the person and he is dissatisfied
with the same, he may take an appeal from this decision to the
department, which shall examine the matter and decide whether
the type should be approved or disapproved. If the person is
dissatisfied with the decision of the department, he may appeal
in accordance with the law.
§ 4173. Manufacture, sale or use of unapproved weights,
measures and devices.
It shall be unlawful for any person to manufacture, offer or
expose for sale or sell or give away for use in trade or
commerce or to use in trade or commerce any weight or measure or
weighing and measuring device of a type not approved in
accordance with the provisions of this subchapter.
§ 4174. Marking of approved weights and measures.
It shall be unlawful to manufacture, offer or expose for sale
or sell or give away for use in trade or commerce or to use in
trade or commerce any weight or measure or weighing or measuring
device unless it shall be conspicuously, clearly and permanently
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 the
design of the device and in such manner as may be prescribed by
rules and regulations authorized by this subchapter, provided,
however, that, whenever it shall appear to the satisfaction of
the bureau that any type of weight or measure or weighing or
measuring device is such as to render it impracticable to mark
it as required by this section, the bureau shall furnish a
certificate to that effect to any manufacturer applying for the
same, and such weights and measures and weighing and measuring
devices need not be marked as required by the provisions of this
section.
§ 4175. Marking of weights and measures "not legal for trade."
It shall be conclusively presumed that a weight or measure or
weighing or measuring device is intended for use in trade or
commerce if it is manufactured, offered or exposed for sale or
sold for use in this Commonwealth, or is used therein, unless it
shall bear a plain, legible, conspicuous and permanent statement
to this effect: "Not legal for trade." It shall be unlawful to
use in trade or commerce any weight or measure or weighing or
measuring device which is marked as described above, provided,
however, that, whenever it shall appear to the satisfaction of
the bureau that any type of weight or measure or weighing or
measuring device is such as to render it impracticable to mark
it as required by this section or is of such design and
construction that it is obviously not intended for use in trade
or commerce, the bureau shall furnish a certificate to that
effect to any manufacturer applying for the same, and such types
of weights and measures and weighing and measuring devices need
not be marked as required by the provisions of this section.
§ 4176. Rules and regulations.
Rules and regulations for the carrying out and enforcement of
the provisions of this subchapter, not inconsistent with the
provisions thereof, shall be adopted by the department, which
rules and regulations shall include reasonable variations or
tolerances which may be allowed on weights and measures and
weighing and measuring devices included within the provisions of
this subchapter, and also specifications for such weights and
measures and weighing and measuring devices for the guidance of
manufacturers in the design and construction of such weights and
measures and weighing and measuring devices.
§ 4177. Sealing of approved weights and measures.
Inspectors of weights and measures of this Commonwealth and
sealers of the several counties and cities of this Commonwealth
may seal, for use in trade or commerce, all weights and measures
and weighing and measuring devices, the type of which has been
approved as required by the provisions of this subchapter or
specifically exempted from the necessity of approval by the
provisions of this subchapter when they find that the same are
within the tolerances prescribed under the rules and
regulations, provided, however, that this shall not be construed
as meaning that the approval of a type shall be taken as
evidence of the correctness of any individual weight or measure
or weighing or measuring device of that type or prevent any such
inspector or sealer of weights and measures from prohibiting the
use of or confiscating any individual weight or measure or
weighing or measuring device which is found to be inaccurate or
otherwise defective or unlawfully used.
§ 4178. Fees.
The Department of General Services shall charge and collect
fees for actual metrology laboratory calibration, type
evaluation and any other testing services which may be rendered.
The department shall establish and alter these fees by
regulation. Agencies of this Commonwealth shall be exempt from
the fee requirements of this section. A city or county which is
required to procure standards of weights and measures and any
additional equipment in accordance with section 4123 (relating
to city and county standards and equipment) to enforce the
provisions of this chapter shall be exempt from the fee
requirements of this section with respect to the calibration,
evaluation or other testing of those standards and equipment.
§ 4179. Enforcement.
It shall be the duty of the bureau and the sealers of weights
and measures of the several counties and cities who shall find
satisfactory evidence of any violation of the provisions of this
subchapter to cause appropriate proceedings to be commenced and
prosecuted, without delay, for the enforcement of the penalties
as provided for in this chapter.
SUBCHAPTER E
DOMESTIC FUEL OIL
Sec.
4180. Meter required.
4181. Small deliveries.
4182. Exceptions.
4183. Enforcement of chapter, rules and regulations.
§ 4180. Meter required.
(a) Metered vehicle.--No person shall deliver light fuel
oils to any domestic consumer unless the vehicle by which such
light fuel oils are delivered is equipped with a meter of a type
capable of furnishing a printed delivery ticket approved under
provisions of Subchapter D (relating to device type approval).
Each meter-printed delivery ticket shall bear a printed
nonrepetitive serial number. All deliveries of light fuel oil to
such consumers shall be made by the use of a meter and a meter-
printed delivery ticket rendered the customer at the time of
delivery or with the invoice. The seller or deliverer shall
maintain the receipts for two years in an orderly and
retrievable manner.
(b) Delivery tickets.--The delivery tickets required under
subsection (a) shall be of a type approved by the department and
shall include the following information:
(1) The vendor's name and address.
(2) The date and time of delivery.
(3) The purchaser's name and address.
(4) Product identification.
(5) The driver's signature or employee number.
(6) The delivery vehicle's permanently assigned company
truck number.
(7) The price per gallon.
(8) The volume in terms of gallons to the nearest one-
tenth of a gallon.
§ 4181. Small deliveries.
Fuel oil deliveries of 50 gallons or less may be delivered
without being metered, provided that the delivery be made in
standard measures of not less than five gallons capacity and
provided further that only such measures as approved by
Subchapter D (relating to device type approval) be used.
§ 4182. Exceptions.
The provisions of this subchapter shall not apply to
deliveries of heavy fuel oils nor to deliveries of light fuel
oils to industrial plants, nor where either the entire truck
tank load of light fuel or the entire load of light fuel oil in
one compartment of the truck tank is delivered to a single
domestic consumer, provided such tank truck is of a type
approved under provisions of Subchapter D (relating to device
type approval).
§ 4183. Enforcement of chapter, rules and regulations.
(a) Duties.--It shall be the duty of the department and the
sealers of weights and measures of the several counties and
cities to enforce the provisions of this subchapter.
(b) Regulations.--The department shall have power to adopt
and promulgate such rules and regulations not inconsistent with
the provisions of this subchapter as may be deemed necessary to
carry into effect the intent and purpose of this subchapter.
SUBCHAPTER F
MISCELLANEOUS PROVISIONS
Sec.
4190. Rules and regulations.
4191. Offenses and penalties.
4192. Temporary or permanent injunctions.
4193. Disposition of funds.
4194. Validity of prosecutions.
§ 4190. Rules and regulations.
The department shall have the power to adopt and promulgate
rules and regulations necessary to carry out the provisions of
this chapter. All previous rules and regulations shall remain in
full force and effect until new or amended rules and regulations
are adopted by the department.
§ 4191. Offenses and penalties.
(a) Criminal penalties.--A person who violates any provision
of this chapter or any rule, regulation, standard or order made
under this chapter commits a summary offense for the first or
second offense. A person who violates any provision of this
chapter or any rule, regulation, standard or order made under
this chapter commits a misdemeanor of the third degree if the
violation is a third or subsequent offense and if the violation
occurs within two years of the date of the last previous
offense.
(b) Civil penalties.--In addition to proceeding under any
other remedy available at law or in equity for a violation of a
provision of this chapter or a rule or regulation adopted or any
order issued under this chapter, the department may assess a
civil penalty not to exceed $10,000 upon an individual or
business for each offense. No civil penalty shall be assessed
unless the person charged has been given notice and opportunity
for a hearing in accordance with law. In determining the amount
of the civil penalty, the department shall consider the gravity
of the violation. Whenever the department finds a violation
which did not cause harm to the public interest, the department
may issue a warning in lieu of assessing a penalty. In case of
inability to collect the civil penalty or failure of any person
to pay all or any portion of the penalty as the department may
determine, the department may refer the matter to the Attorney
General, who shall recover the amount by action in the
appropriate court.
(c) Offenses by inspectors or sealers.--Any inspector or
sealer who violates section 4142(b) (relating to prohibited
acts) commits a misdemeanor of the second degree.
§ 4192. Temporary or permanent injunctions.
In addition to any other remedies provided in this chapter,
the department may apply to the Commonwealth Court or to any
other court having jurisdiction for a temporary or permanent
injunction restraining a person from violating any provision of
this chapter or any regulation adopted under this chapter,
regardless of whether there exists an adequate remedy at law.
§ 4193. Disposition of funds.
(a) Deposit in State Treasury.--When the proceeding is
instituted by the department, moneys received from fines and
civil penalties shall be paid into the State Treasury and shall
be credited to the general government appropriations of the
Department of Agriculture for administering the provisions of
this chapter.
(b) Local share.--Notwithstanding subsection (a), if the
proceeding is instituted by a city or county which has entered
into a memorandum of understanding with the department to
enforce the provisions of this chapter, moneys received from
fines and civil penalties shall be paid to the city or county.
(c) Department of General Services.--Moneys received from
fees imposed and collected by the Department of General Services
for inspection and testing services provided by the State
Metrology Laboratory shall be paid into the State Treasury and
shall be credited to the general government appropriations of
the Department of General Services for the operation and
maintenance of the State Metrology Laboratory.
§ 4194. Validity of prosecutions.
Prosecutions for violation of any provision of this chapter
are declared to be valid and proper notwithstanding the
existence of any other valid general or specific act of this
Commonwealth dealing with matters that may be the same as or
similar to those covered by this chapter.
Section 2. The following acts and parts of acts are
repealed:
Act of May 11, 1911 (P.L.275, No.177), entitled "An act to
provide for the appointment of county and city inspectors of
weights and measures; providing for their compensation and
expenses; prescribing their duties; prohibiting vendors from
giving false or insufficient weights; and fixing the penalties
for the violation of the provisions hereof."
Act of May 5, 1921 (P.L.389, No.187), entitled "An act to
regulate and control the manufacture, sale, offering for sale,
giving away, and use of weights and measures and of weighing and
measuring devices in the Commonwealth of Pennsylvania; providing
for the approval and disapproval of such weights, measures, and
devices by the Bureau of Standards; and prescribing penalties."
Act of July 19, 1935 (P.L.1356, No.427), referred to as the
Solid Fuel Weight Regulation Law.
Act of May 11, 1949 (P.L.1116, No.330), entitled, as amended,
"An act to regulate deliveries of light fuel oil to domestic
consumers; conferring powers and imposing duties on the
Department of Agriculture and the inspectors of weights and
measures of the several counties and cities; and prescribing
penalties."
Act of April 28, 1961 (P.L.135, No.64), known as the Public
Weighmaster's Act.
Act of December 1, 1965 (P.L.988, No.368), known as the
Weights and Measures Act of 1965.
Section 3. This act shall take effect in 60 days.
APPROVED--The 18th day of December, A. D. 1996.
THOMAS J. RIDGE
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