PRINTER'S NO. 2875
No. 2171 Session of 1989
INTRODUCED BY BILLOW, RUDY, MAIALE, LLOYD, PRESSMANN, TRICH,
FREEMAN, McHALE, RITTER, TELEK, BUSH, FOSTER, CARLSON,
MORRIS, LUCYK, MRKONIC, BATTISTO, CALTAGIRONE, PISTELLA,
COWELL, GIGLIOTTI, MAYERNIK AND WASS, DECEMBER 6, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, DECEMBER 6, 1989
AN ACT
1 Amending the act of December 1, 1965 (P.L.988, No.368),
2 entitled, as amended, "An act relating to weights and
3 measures; regulating the use and sale, and providing for the
4 inspection of weighing and measuring devices; regulating the
5 sale and packaging of commodities; imposing duties and
6 conferring powers upon the Attorney General and Department of
7 Justice and certain local officials; and prescribing
8 penalties," further providing for the types of weights and
9 measures governed by the act; authorizing the regulation of
10 persons engaged in selling, installing and repairing
11 commercial weighing and measuring devices; and further
12 providing for certain standards, testing and procedures and
13 for the sale and packaging of certain commodities.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. The title and section 2(2), (4) and (5) of the
17 act of December 1, 1965 (P.L.988, No.368), known as the Weights
18 and Measures Act of 1965, amended December 18, 1968 (P.L.1247,
19 No.396), are amended to read:
20 AN ACT
21 Relating to weights and measures; regulating the use and sale,
22 and providing for the inspection of weighing and measuring
1 devices; regulating the sale and packaging of commodities;
2 imposing duties and conferring powers upon the [Attorney
3 General and Department of Justice] Secretary of Agriculture
4 and the Department of Agriculture and certain local
5 officials; and prescribing penalties.
6 Section 2. Definitions.--When used in this act, the
7 following words and phrases shall have the meanings ascribed to
8 them in this section unless the context clearly indicates
9 otherwise:
10 * * *
11 (2) "Weights" and/or "measures." All weights and measures of
12 every kind, instruments and devices for weighing and measuring
13 and any appliances and accessories associated with any or all
14 such instruments and devices, [except that the] including, but
15 not limited to, the following: parking meters, postal scales and
16 other scales used to determine shipping charges, pill counters,
17 coin-operated person weighers, coin-operated air dispensers and
18 coin-operated axle and vehicle scales. The term shall not be
19 construed to include meters for the measurement of electricity,
20 gas (natural or manufactured), steam, coolant or water or the
21 counting or timing of telephone calls when the same are operated
22 in a public utility system or taxi meters. Such electricity,
23 gas, steam, coolant, water [and], telephone meters and taxi
24 meters are hereby specifically excluded from the purview of this
25 act and none of the provisions of this act shall be construed to
26 apply to such meters or to any appliances or accessories
27 associated therewith.
28 * * *
29 (4) ["Attorney General." The Attorney General shall include
30 counsel general, attorney general, deputy attorney general,
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1 assistant attorney general, special attorney general or an
2 attorney at law, designated by the attorney general or as
3 provided for in section 16 of this act.] "Secretary." The
4 Secretary of Agriculture of the Commonwealth.
5 (5) "Director." The Director of the Bureau of Standard
6 Weights and Measures of the Department of [Internal Affairs]
7 Agriculture.
8 * * *
9 Section 2. Section 3 of the act, amended June 23, 1970
10 (P.L.423, No.141), is amended to read:
11 Section 3. Systems of Weights and Measures.--The system of
12 weights and measures in customary use in the United States and
13 the metric system of weights and measures are jointly recognized
14 and one or both of these systems shall be used for all
15 commercial purposes in the Commonwealth of Pennsylvania. The
16 definitions of basic units of weight and measure, the tables of
17 weight and measure and weights and measures equivalents as
18 published by the National [Bureau of Standards] Institute of
19 Standards and Technology are recognized and shall govern
20 weighing and measuring equipment and transactions in the State.
21 Section 3. Section 4 of the act is amended to read:
22 Section 4. State Standards of Weight and Measure.--Such
23 weights and measures in conformity with the standards of the
24 United States as have been supplied to the State by the Federal
25 government or otherwise obtained by the State for use as State
26 standards shall, when the same have been certified as being
27 satisfactory for use as such by the National [Bureau of
28 Standards] Institute of Standards and Technology, be the State
29 standards of weight and measure. The State standards shall be
30 kept in a safe and suitable place in the office or laboratory of
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1 the State Bureau of Standard Weights and Measures; shall not be
2 removed from the office or laboratory except for repairs or for
3 certification; and shall be submitted at least once in ten years
4 to the National [Bureau of Standards] Institute of Standards and
5 Technology for certification. The State standards shall be used
6 only in verifying the office standards and for scientific
7 purposes.
8 Section 4. Sections 6, 7, 8, 9 and 10 of the act, amended
9 December 18, 1968 (P.L.1247, No.396), are amended to read:
10 Section 6. Director and Inspectors of Weights and
11 Measures.--There shall be a director of weights and measures and
12 inspectors of weights and measures and necessary technical and
13 clerical personnel who shall be appointed by the [Attorney
14 General] secretary and who shall collectively comprise the State
15 Bureau of Standard Weights and Measures, of which the director
16 shall be the chief. The [Attorney General] secretary shall be
17 allowed such sums for salaries for the director, the inspectors
18 and the necessary technical and clerical employes, for necessary
19 equipment and supplies and for traveling and contingent
20 expenses, as shall be appropriated by the General Assembly.
21 Section 7. General Powers and Duties of [Attorney General]
22 Secretary.--The [Attorney General] State Metrology Laboratory
23 shall have the custody of the State standards of weight and
24 measure and of the other standards and equipment provided for by
25 this act and shall keep accurate records of the same. The
26 [Attorney General] secretary shall enforce the provisions of
27 this act. He shall have and keep a general supervision over the
28 weights and measures offered for sale, sold or in use in the
29 State.
30 Section 8. Specific Powers and Duties of [Attorney General]
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1 Secretary; Regulations.--(a) The [Attorney General] secretary
2 shall issue from time to time regulations for the enforcement
3 and administration of this act, which regulations upon being
4 [filed with the Department of State under the procedures
5 established by the Administrative Agency Law, act of June 4,
6 1945 (P.L.1388), and its amendments] promulgated pursuant to the
7 act of July 31, 1968 (P.L.769, No.240), referred to as the
8 Commonwealth Documents Law, shall have the force and effect of
9 law. These regulations may include:
10 (1) Standards of net weight, measure, count and standards of
11 fill for any commodity in package form.
12 (2) Rules governing the technical and reporting procedures
13 to be followed and the report and record forms and marks of
14 approval and rejection to be used by inspectors of weights and
15 measures in the discharge of their official duties.
16 (3) Exemptions from the sealing or marking requirements of
17 section 14 of this act with respect to weights and measures of
18 such character or size that such sealing or marking would be
19 inappropriate, impracticable or damaging to the apparatus in
20 question.
21 (b) These regulations shall include specifications,
22 tolerances and regulations for weights and measures of the
23 character of those specified in section 10 of this act designed
24 to eliminate from use without prejudice to apparatus that
25 conforms as closely as practicable to the official standards
26 those (i) that are not accurate; (ii) that are of such
27 construction that they are faulty, that is, that are not
28 reasonably permanent in their adjustment or will not repeat
29 their indications correctly; or (iii) that facilitate the
30 perpetration of fraud. The specifications, tolerances and
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1 regulations for commercial weighing and measuring devices,
2 together with amendments thereto as recommended by the National
3 [Bureau of Standards] Institute of Standards and Technology and
4 published in National [Bureau of Standards] Institute of
5 Standards and Technology Handbook 44, and supplements thereto,
6 or in any publication revising or superseding Handbook 44, shall
7 be the specifications, tolerances and regulations for commercial
8 weighing and measuring devices of the Commonwealth of
9 Pennsylvania except insofar as specifically modified, amended or
10 rejected by a regulation issued by the [Attorney General]
11 secretary. For the purposes of this act, apparatus shall be
12 deemed to be "correct" when it conforms to all applicable
13 requirements promulgated as specified in this section; other
14 apparatus shall be deemed to be "incorrect."
15 (c) Regulations [promulgated hereunder shall be effective
16 thirty days from the date of their filing with the Department of
17 State during which period interested parties may submit to the
18 Attorney General, in writing, any objections to the proposed
19 regulations and the reasons supporting such objections. In
20 addition, the Attorney General shall hold a hearing upon the
21 written request of three or more interested parties made within
22 said thirty day period, in which case the Attorney General may,
23 at his discretion, further postpone the effective date of the
24 regulation] shall be promulgated in the manner provided in the
25 Commonwealth Documents Law.
26 Section 9. Testing and Inspecting of Standards.--The
27 [Attorney General] Metrology Laboratory at least once every five
28 years shall test the standards of weight and measure procured by
29 any city or county for which a sealer of weights and measures
30 has been appointed and shall approve the same when found to be
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1 correct; and he shall inspect such standards at least once every
2 two years.
3 Section 10. General Testing and Inspecting.--When not
4 otherwise provided by law, the [Attorney General] secretary
5 shall have the powers to inspect and test to ascertain if they
6 are correct all weights and measures kept, offered or exposed
7 for sale. It shall be the duty of the [Attorney General]
8 secretary within a twelve-month period, or less frequently if in
9 accordance with a schedule issued by him and as much oftener as
10 he may deem necessary, to inspect and test to ascertain if they
11 are correct, all weights and measures commercially used (i) in
12 determining the weight, measurement or count of commodities or
13 things sold, offered or exposed for sale on the basis of weight,
14 measure or of count; or (ii) in computing the basic charge or
15 payment for services rendered on the basis of weight, measure or
16 [of count] count or devices utilized to dispense service on the
17 basis of time. With respect to single-service devices, that is,
18 devices designed to be used commercially only once and to be
19 then discarded, and with respect to devices uniformly mass-
20 produced, as by means of a mold or die and not susceptible to
21 individual adjustment, tests may be made on representative
22 samples of such devices and the lots of which such samples are
23 representative shall be held to be correct or incorrect upon the
24 basis of the results of the inspections and tests on such
25 samples.
26 Section 5. The act is amended by adding a section to read:
27 Section 10.1. Registration Program.--The secretary shall
28 have the authority to establish, by regulation, a program
29 requiring the registration of persons engaged in the business of
30 selling, installing, servicing and repairing various types of
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1 commercial weighing and measuring devices. The program may
2 prescribe minimum field standards to be complied with by such
3 persons to adequately test and place weighing and measuring
4 devices into commercial service. The program may also require
5 that such persons give adequate notice to the responsible
6 weights and measures jurisdiction of the installation of a
7 commercial weighing or measuring device.
8 Section 6. Sections 11, 12, 13, 14, 15, 16, 18 and 19 of the
9 act, amended December 18, 1968 (P.L.1247, No.396), are amended
10 to read:
11 Section 11. Investigations.--The [Attorney General]
12 secretary shall investigate complaints made to him concerning
13 violations of the provisions of this act and shall upon his own
14 initiative conduct such investigations as he deems appropriate
15 and advisable, to develop information on prevailing procedures
16 in commercial quantity determination and on possible violations
17 of the provisions of this act, and to promote the general
18 objective of accuracy in the determination and representation of
19 quantity in commercial transactions.
20 Section 12. Inspection of Packages.--The [Attorney General]
21 secretary shall, from time to time, weigh or measure and inspect
22 packages or amounts of commodities kept, offered or exposed for
23 sale, sold or in the process of delivery, to determine whether
24 the same contain the amounts represented and whether they be
25 kept, offered or exposed for sale or sold in accordance with
26 law; and when such packages or amounts of commodities are found
27 not to contain the amounts represented or are found to be kept,
28 offered or exposed for sale in violation of law, the [Attorney
29 General] secretary may order them off sale and may so mark or
30 tag them as to show them to be illegal. In carrying out the
19890H2171B2875 - 8 -
1 provisions of this section, the [Attorney General, whenever
2 possible, shall employ sampling procedures recommended by the
3 National Bureau of Standards, under which the compliance of a
4 given lot of packages will be determined on the basis of the
5 result obtained on a sample selected from and representative of
6 such lot.] secretary shall use National Institute of Standards
7 and Technology Handbook 133, latest edition containing any
8 amendments or supplements thereto, except insofar as
9 specifically modified, amended or rejected by a regulation
10 issued by the secretary. No person shall (i) sell or keep, offer
11 or expose for sale in intrastate commerce any package or amount
12 of commodity that has been ordered off sale or marked or tagged
13 as provided in this section, unless and until such package or
14 amount of commodity has been brought into full compliance with
15 all legal requirements; or (ii) dispose of any package or amount
16 of commodity that has been ordered off sale or marked or tagged
17 as provided in this section and that has not been brought into
18 compliance with legal requirements in any manner except with the
19 specific approval of the [Attorney General] secretary.
20 Section 13. Stop-Use, Stop-Removal and Removal Orders.--(a)
21 The [Attorney General] secretary shall have the power to issue
22 stop-use orders, stop-removal orders and removal orders with
23 respect to weights and measures being, or susceptible of being,
24 commercially used and to issue stop-removal orders and removal
25 orders with respect to packages or amounts of commodities kept,
26 offered or exposed for sale, sold or in the process of delivery,
27 whenever in the course of his enforcement of the provisions of
28 this act he deems it necessary or expedient to issue such
29 orders.
30 (b) No person shall use, remove from the premises specified
19890H2171B2875 - 9 -
1 or fail to remove from the premises specified any weight,
2 measure or package or amount of commodity contrary to the terms
3 of a stop-use order, stop-removal order or removal order issued
4 under the authority of this section.
5 (c) Whenever an aggrieved person shall appeal or seek to
6 enjoin enforcement of any order issued by the [Attorney General]
7 secretary pursuant to this section, such proceeding shall be
8 brought in the court of common pleas of the judicial district in
9 which the weight, measure or commodity was located at the time
10 of the issuance of the [Attorney General's] secretary's order.
11 Section 14. Disposition of Correct and Incorrect
12 Apparatus.--(a) The [Attorney General] secretary shall approve
13 for use and seal or mark with appropriate devices such weights
14 and measures as he finds upon inspection and test to be
15 "correct" as defined in section 8 of this act and shall reject
16 and mark or tag "rejected" such weights and measures as he finds
17 upon inspection or test to be "incorrect" as defined in section
18 8 of this act, but which in his best judgment are susceptible to
19 satisfactory repair. Such sealing or marking shall not be
20 required with respect to such weights and measures as may be
21 exempted therefrom by a regulation of the [Attorney General]
22 secretary issued under the authority of section 8 of this act.
23 (b) The [Attorney General] secretary shall condemn and may
24 seize and may destroy weights and measures found to be incorrect
25 that in his best judgment are not susceptible to satisfactory
26 repair. Weights and measures that have been rejected may be
27 confiscated and may be destroyed by the [Attorney General]
28 secretary if not corrected as required by section 20 of this act
29 or if used or disposed of contrary to the requirements of
30 section 20 of this act.
19890H2171B2875 - 10 -
1 Section 15. Police Powers; Right of Entry and Stoppage.--(a)
2 With respect to the enforcement of this act and any other acts
3 dealing with weights and measures that he is or may be empowered
4 to enforce, the [Attorney General] secretary may seize for use
5 as evidence without formal warrant, incorrect or unsealed
6 weights and measures or amounts or packages of commodity found,
7 prior to seizure, to be used, retained, offered or exposed for
8 sale or sold in violation of law.
9 (b) In the performance of his official duties, the [Attorney
10 General] secretary is authorized to enter and go into or upon,
11 without formal warrant, any structure or premises and to stop
12 any person whatsoever and to require him to proceed with or
13 without any vehicle of which he may be in charge to the nearest
14 available testing apparatus tested and approved by the [Attorney
15 General] secretary, a city or a county.
16 (c) In the performance of his official duties, the secretary
17 shall utilize the method of sale of commodities as set forth in
18 the National Institute of Standards and Technology Handbook 130,
19 except insofar as specifically modified, amended or rejected by
20 a regulation issued by the secretary.
21 Section 16. Powers and Duties of Director and Inspector.--
22 The powers and duties given to and imposed upon the [Attorney
23 General] secretary by sections 9, 10, 11, 12, 13, 14, 15, 19 and
24 37 of this act are hereby given to and imposed upon the director
25 and inspectors [also] when acting under the instructions and at
26 the direction of the [Attorney General] secretary.
27 Section 18. City and County Standards and Equipment.--(a)
28 The mayor of each city and the board of county commissioners of
29 each county for which a sealer has been appointed shall (i)
30 procure at the expense of the city or county, as the case may
19890H2171B2875 - 11 -
1 be, such standards of weight and measure and such additional
2 equipment to be used for the enforcement of the provisions of
3 this act in such city or county as may be prescribed by the
4 [Attorney General] secretary; (ii) provide a suitable office for
5 the sealer; and (iii) make provisions for the necessary clerical
6 services, supplies and transportation and for defraying
7 contingent expenses incident to the official activities of the
8 sealer in carrying out the provisions of this act.
9 (b) When the standards of weight and measure required by
10 this section to be provided by a city or county shall have been
11 examined and approved by the [Attorney General] secretary, they
12 shall be the official standards for such city or county.
13 (c) It shall be the duty of the sealer to make or to arrange
14 to have made, at least as frequently as once a year, comparisons
15 between his field standards and appropriate standards of a
16 higher order belonging to his city or county, as the case may
17 be, or to the State in order to maintain such field standards in
18 accurate condition.
19 Section 19. Concurrent Jurisdiction.--In cities and counties
20 for which sealers of weights and measures have been appointed as
21 provided for by local regulations, the [Attorney General]
22 secretary shall have concurrent authority to enforce the
23 provisions of the act.
24 Section 7. The act is amended by adding a section to read:
25 Section 19.1. Division of Responsibilities.--The secretary
26 may enter into memorandums of understanding with counties and
27 with cities employing sealers of weights and measures for a
28 division of inspection responsibilities in the respective
29 jurisdictions. The agreement shall be reviewed and updated
30 annually.
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1 Section 8. Sections 20(a) and 21(c) of the act, amended
2 December 18, 1968 (P.L.1247, No.396), are amended to read:
3 Section 20. Duty of Owners of Incorrect Apparatus.--(a)
4 Weights and measures that have been rejected under the authority
5 of the [Attorney General] secretary or of a sealer shall remain
6 subject to the control of the rejecting authority until such
7 time as suitable repair or disposition thereof has been made as
8 required by this section.
9 * * *
10 Section 21. Method of Sale of Commodities.--* * *
11 (c) The [Attorney General] secretary may issue such
12 reasonable regulations as are necessary to assure that amounts
13 of commodity sold are determined in accordance with good
14 commercial practice and are so determined and represented as to
15 be accurate and informative to all parties at interest. In
16 issuing such regulations, the secretary shall recognize the
17 method of sale of commodities as set forth in the National
18 Institute of Standards and Technology Handbook 130, except as
19 otherwise modified, amended or rejected by regulation.
20 Section 9. Sections 22(a) and (b) of the act, amended June
21 23, 1970 (P.L.423, No.141), are amended to read:
22 Section 22. Packages; Declarations of Quantity and Origin;
23 Variations; Exemptions.--(a) Except as otherwise provided in
24 this act, any commodity in package form introduced or delivered
25 for introduction into or received in intrastate commerce kept
26 for the purpose of sale or offered or exposed for sale in
27 intrastate commerce shall bear on the outside of the package
28 such definite, plain and conspicuous declarations of (1) the
29 identity of the commodity in the package unless the same can
30 easily be identified through the wrapper or container; (2) the
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1 net quantity of the contents in terms of weight, measure or
2 count; and (3) in the case of any package kept, offered or
3 exposed for sale or sold any place other than on the premises
4 where packed, the name and place of business address of the
5 manufacturer, packer or distributor as may be prescribed by
6 regulation issued by the [Attorney General] secretary: Provided,
7 That, in connection with the declaration required under clause
8 (2), neither the qualifying term "when packed" or any words of
9 similar import nor any term qualifying a unit of weight, measure
10 or count (for example "jumbo," "giant," "full," and the like)
11 that tends to exaggerate the amount of commodity in a package
12 shall be used.
13 (b) Under clause (2) of subsection (a) of this section, the
14 [Attorney General] secretary shall, by regulation, establish (i)
15 reasonable variations to be allowed which may include variations
16 below the declared weight or measure caused by ordinary and
17 customary exposure only after the commodity is introduced into
18 intrastate commerce to conditions that normally occur in good
19 distribution practice and that unavoidably result in decreased
20 weight or measure; (ii) exemptions as to small packages; and
21 (iii) exemptions as to commodities put up in variable weights or
22 sizes for sale intact and either customarily not sold as
23 individual units or customarily weighed or measured at time of
24 sale to the consumer.
25 * * *
26 Section 10. Section 27 of the act is amended by adding a
27 subsection to read:
28 Section 27. Misrepresentation of Price.--* * *
29 (c) The secretary may issue regulations as are necessary to
30 assure the uniformity of posted prices and prices contained in
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1 scanning systems at retail food stores.
2 Section 11. Section 28(b) of the act, amended June 23, 1970
3 (P.L.423, No.141), is amended to read:
4 Section 28. Meat, Poultry and Seafood.--* * *
5 (b) [When meat, poultry or seafood is combined with or
6 associated with some other food element or elements to form
7 either a distinctive food product or food combination, such food
8 product or combination shall be offered or exposed for sale and
9 sold by weight and the quantity representation may be the total
10 weight of the product or combination and a quantity
11 representation need not be made for each of the several elements
12 of the product or combination: Provided, That, for ready-to-
13 cook, whole carcass stuffed poultry, ready-to-cook stuffed
14 poultry roasts, rolls, bars and logs, and ready-to-cook stuffed
15 poultry products designated by terms of similar import, the
16 label must show the total net weight of the poultry product and
17 in proximity thereto, a statement specifying the minimum weight
18 of poultry in the product.] The following may be sold by weight,
19 measure or count:
20 (1) Items sold for consumption on the premises.
21 (2) Items sold as one of three or more different elements,
22 excluding condiments, comprising a ready-to-eat meal sold as a
23 unit, for consumption elsewhere than on the premises where sold.
24 (3) Ready-to-eat chicken parts cooked on the premises but
25 not packaged in advance of sale.
26 (4) Sandwiches when offered or exposed for sale on the
27 premises where packed or produced and not intended for resale.
28 Section 12. Sections 30 and 32 of the act are amended to
29 read:
30 Section 30. Fluid Dairy Products.--(a) All fluid dairy
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1 products, including but not limited to whole milk, skimmed milk,
2 cultured milk, sweet cream, sour cream and buttermilk shall be
3 packaged for retail sale only in units of one gill, one-half
4 liquid pint, ten fluid ounces, twelve fluid ounces, one liquid
5 pint, one-third liquid quart, one liquid quart, [or] multiples
6 of one liquid quart, one-half gallon, one gallon or multiples of
7 one gallon.
8 (b) Packages in units of less than one gill shall be
9 permitted.
10 (c) Metric equivalent packages of fluid dairy products shall
11 be units of only one hundred twenty-five milliliters, two
12 hundred fifty milliliters, five hundred milliliters, one liter
13 or multiples of one liter.
14 Section 32. Potatoes.--(a) All potatoes packed for sale,
15 offered or exposed for sale, in this Commonwealth, shall be
16 packaged in containers of net avoirdupois weights of three,
17 five, ten, fifteen, twenty, twenty-five, fifty and one hundred
18 pounds and multiples of one hundred pounds. Packages in units of
19 less than three pounds shall be permitted.
20 (b) The provisions of this section shall not apply to (1)
21 potatoes offered to the consumer at retail from bulk stock; (2)
22 the sale of potatoes to processors or for export; (3) the sale
23 of peeled, cut or sliced potatoes, or frozen or dehydrated
24 potatoes, or precooked dehydrated or dried potatoes; (4) the
25 sale of seed potatoes; or (5) the sale of sweet potatoes or
26 yams.
27 Section 13. Section 34 of the act, amended June 23, 1970
28 (P.L.423, No.141), is amended to read:
29 Section 34. Hindering or Obstructing Officer; Penalties.--
30 Any person who shall hinder or obstruct in any way the [Attorney
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1 General] secretary, the director or any one of the inspectors or
2 a sealer or deputy sealer in the performance of his official
3 duties shall upon conviction thereof, in a summary proceeding be
4 punished by a fine of not less than twenty dollars ($20) or more
5 than two hundred dollars ($200), or by imprisonment for not more
6 than three months, or by both such fine and imprisonment.
7 Section 14. Section 35 of the act, amended December 18, 1968
8 (P.L.1247, No.396), is amended to read:
9 Section 35. Impersonation of Officer; Penalties.--Any person
10 who shall impersonate in any way the [Attorney General]
11 secretary, the director or any one of the inspectors or a sealer
12 or deputy sealer by the use of his seal or a counterfeit of his
13 seal or in any other manner shall be guilty of a misdemeanor,
14 and upon conviction thereof, shall be punished by a fine of not
15 less than one hundred dollars ($100), or more than five hundred
16 dollars ($500), or by imprisonment for not more than one year,
17 or by both such fine and imprisonment.
18 Section 15. Section 36 of the act, amended June 23, 1970
19 (P.L.423, No.141), is amended to read:
20 Section 36. Offenses and Penalties.--[Any person who, by
21 himself or by his servant or agent, or as the servant or agent
22 of another person, performs any one of the acts enumerated in
23 clauses (1) through (9) of this section, shall upon a first
24 conviction thereof in a summary proceeding be punished by a fine
25 of not less than twenty dollars ($20) or more than two hundred
26 dollars ($200). Any person who, by himself or by his servant or
27 agent, or as the servant or agent of another person, who is
28 convicted of performing any one of the acts enumerated in
29 clauses (1) through (9) of this section for a second or
30 subsequent time shall be guilty of a misdemeanor, and he shall
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1 be punished by a fine of not less than one hundred dollars
2 ($100), or more than five hundred dollars ($500), or by
3 imprisonment for not more than one year, or by both such fine
4 and imprisonment.] (a) Any person or any agent of the person
5 who performs any of the acts enumerated in subsection (c) is
6 guilty of a summary offense in the case of a first, second or
7 third offense. The sentencing court shall order the person to
8 pay a fine of (1) not less than one hundred dollars ($100), (2)
9 not less than two hundred dollars ($200), if the person has
10 previously been convicted of an offense under this section, or
11 (3) not less than three hundred dollars ($300), if the person
12 has twice previously been convicted of an offense under this
13 section.
14 (b) Any person who by himself or by his servant or agent
15 violates any of the provisions of this section is guilty of a
16 misdemeanor of the third degree when the offense is a fourth or
17 subsequent offense. The sentencing court shall order the person
18 to pay a minimum fine of five hundred dollars ($500).
19 (c) The following are unlawful acts:
20 (1) [Use,] To use or have in possession for the purpose of
21 using for any commercial purpose specified in section 10, sell,
22 offer or expose for sale or hire, or have in possession for the
23 purpose of selling or hiring, an incorrect weight or measure or
24 any device or instrument used to, or calculated to, falsify any
25 weight or measure.
26 (2) [Use,] To use or have in possession for the purpose of
27 current use for any commercial purpose specified in section 10,
28 a weight or measure that does not bear a seal or mark such as
29 specified in section 14 unless such weight or measure has been
30 exempted from testing by provisions of section 10 or by
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1 regulation of the secretary issued under the authority of
2 section 8 of this act.
3 (3) [Dispose] To dispose of any rejected or condemned weight
4 or measure in a manner contrary to law or regulation.
5 (4) [Remove] To remove from any weight or measure contrary
6 to law or regulation any tag, seal or mark placed thereon by the
7 appropriate authority.
8 (5) [Sell,] To sell, offer or expose for sale less than the
9 quantity he represents of any commodity, thing or service:
10 Provided, however, That if a commodity is prepackaged by someone
11 other than the possessor, the possessor shall not be deemed to
12 have made a representation within the purview of this subsection
13 if the representation appears on the label of the prepackaged
14 commodity.
15 (6) [Take] To take more than the quantity he represents of
16 any commodity, thing or service when, as buyer, he furnishes the
17 weight or measure by means of which the amount of the commodity,
18 thing or service is determined.
19 (7) [Keep] To keep for the purpose of sale, advertise, offer
20 or expose for sale or sell any commodity, (except commodities
21 prepackaged by someone other than the possessor) or service in a
22 condition or manner contrary to law or regulation.
23 (8) [Use] To use in retail trade, except in the preparation
24 of packages put up in advance of sale, and of medical
25 prescriptions, a weight or measure that is not so positioned
26 that its indications may be accurately read and the weighing or
27 measuring operation observed from some position which may be
28 reasonably assumed by a customer.
29 (9) [Violate] To violate any provision of this act or of the
30 regulations promulgated under the provisions of this act for
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1 which a specific penalty has not been prescribed.
2 Section 16. Section 37 of the act, amended December 18, 1968
3 (P.L.1247, No.396), is amended to read:
4 Section 37. Injunction.--The [Attorney General] secretary is
5 authorized to apply to any court of competent jurisdiction for,
6 and such court upon hearing and for cause shown may grant, a
7 temporary or permanent injunction restraining any person from
8 violating any provision of this act.
9 Section 17. This act shall take effect in 60 days.
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