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 110(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 ssociated 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 he 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)
shallnot 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.
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.