PRINTER'S NO.  298

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

321

Session of

2011

  

  

INTRODUCED BY TOMLINSON, GORDNER, MENSCH, KASUNIC, RAFFERTY AND FONTANA, JANUARY 28, 2011

  

  

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, JANUARY 28, 2011  

  

  

  

AN ACT

  

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Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

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Statutes, in weights and measures, further providing for

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definitions, for specific powers and duties of department and

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regulations, for general testing and inspections and for

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prohibited acts; abrogating regulations; and making an

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inconsistent repeal.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definition of "Certified Examiner of Weights

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and Measures" in section 4102 of Title 3 of the Pennsylvania

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Consolidated Statutes is amended to read:

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§ 4102.  Definitions.

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The following words and phrases when used in this chapter

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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["Certified Examiner of Weights and Measures."  An individual

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who has successfully completed the training course or courses

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prescribed by the National Institute of Standards and Technology

 


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and who complies with certification standards promulgated under

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section 4110(a)(4) (relating to specific powers and duties of

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department; regulations).]

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* * *

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Section 2.  Sections 4110(a)(4) and (d) and 4112(b) of Title

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3 are amended to read:

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§ 4110.  Specific powers and duties of department; regulations.

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(a)  Regulations.--The department shall issue from time to

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time regulations for the enforcement and administration of this

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subchapter, which regulations, upon being promulgated pursuant

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to law, shall have the force and effect of law. These

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regulations may include:

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* * *

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[(4)  Institution of a program containing standards

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whereby individuals shall be department-certified as

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Certified Examiners of Weights and Measures. Certification

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under such program may be for a given category or categories

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of measuring or weighing devices or for a particular type of

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device. The department shall certify only such individuals

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who successfully complete the appropriate training course or

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courses prescribed by the National Institute of Standards and

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Technology for the type of certification sought and who

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comply with departmental certification standards promulgated

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under this paragraph. Any program instituted under this

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paragraph shall include testing and inspection performance

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standards, reporting procedures, random inspection and

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testing by State inspectors of weights and measures of a

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sample of devices inspected and tested by Certified Examiners

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of Weights and Measures and any other type of standards or

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procedures the department deems necessary to implement the

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program.]

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* * *

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(d)  Reports.--On or before March 1 of each year after the

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effective date of this subsection, the department shall submit a

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report to the Agriculture and Rural Affairs Committee of the

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Senate and the Agriculture and Rural Affairs Committee of the

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House of Representatives which shall describe all relevant

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activities of State inspectors of weights and measures[,

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Certified Examiners of Weights and Measures] and city and county

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sealers of weights and measures for the preceding calendar year.

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The report shall contain, at a minimum, the following:

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(1)  An identification of the regions of this

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Commonwealth served by State inspectors and city and county

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sealers of weights and measures and the number of such

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inspectors and city and county sealers of weights and

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measures in each region.

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(2)  The number of inspections made by each State

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inspector[, Certified Examiners of Weights and Measures] and

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city and county sealers of weights and measures.

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(3)  The number and nature of enforcement actions

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initiated by each State inspector and city and county sealers

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of weights and measures.

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(4)  The disposition of each enforcement action,

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including the number and nature of warnings issued by each

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State inspector and city and county sealers of weights and

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measures.

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§ 4112.  General testing and inspections.

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* * *

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(b)  Annual inspections.--Notwithstanding subsection (a), it

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shall be the duty of the department at least once within a 12-

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month period, or more frequently if deemed necessary, to assure

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that all commercially used small capacity retail computing

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scales, retail package shipping scales, vehicle scales, small

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platform scales which weigh items to 1,000 pounds, truck-mounted

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fuel oil meters, truck-mounted liquid petroleum gas meters,

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compressed natural gas meters and retail motor fuel dispensers

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are inspected and tested to ascertain if they are correct. [The

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department may accept reports of Certified Examiners of Weights

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and Measures as sufficient to meet the inspection and testing

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requirements of this subsection, provided such inspection and

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testing is performed in accordance with all applicable standards

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and procedures adopted under section 4110(a)(4) (relating to

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specific powers and duties of department; regulations), provided

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that State inspectors of weights and measures shall conduct

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inspection and testing of a sample of devices inspected and

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tested by Certified Examiners of Weights and Measures.]

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* * *

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Section 3.  Section 4142 of Title 3 is amended by adding a

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subsection to read:

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§ 4142.  Prohibited acts.

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* * *

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(c)  Contracting.--Except for inspections conducted under 70

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Pa. Code Ch. 5 (relating to UPC scanning systems and PLU

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devices), the Commonwealth shall not contract with a

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nongovernmental entity to fulfill its obligations under this

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chapter.

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Section 4.  The provisions of 70 Pa. Code Ch. 4 (relating to

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Certified Examiners of Weights and Measures) are abrogated.

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Section 5.  All acts and parts of acts are repealed insofar

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as they are inconsistent with this act.

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Section 6.  This act shall take effect in 60 days.

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