PRINTER'S NO. 3361
No. 2524 Session of 1996
INTRODUCED BY LLOYD, GORDNER, FAIRCHILD, READSHAW, BELARDI,
KUKOVICH, MERRY, McCALL, HALUSKA, HERSHEY, SEMMEL, STETLER,
BOSCOLA, SHANER, CAPPABIANCA, GIGLIOTTI, THOMAS, MELIO,
SATHER, ROONEY, VAN HORNE, SAYLOR, GODSHALL, DeLUCA, WALKO,
MIHALICH, TRAVAGLIO, TANGRETTI, RAMOS AND CORPORA,
APRIL 1, 1996
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
APRIL 1, 1996
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; imposing duties and conferring
10 powers upon the Department of Agriculture and city and county
11 sealers of weights and measures; authorizing the regulation
12 of persons engaged in selling, installing and repairing of
13 commercial weighing and measuring devices; providing for the
14 registration of weighing and measuring devices used for
15 commercial purposes; providing for county and city sealers of
16 weights and measures and for training; providing for division
17 of responsibilities; further providing for certain standards,
18 for testing, for reporting and for the sale and packaging of
19 certain commodities; providing for disposition of funds; and
20 imposing criminal and civil penalties.
21 The General Assembly of the Commonwealth of Pennsylvania
22 hereby enacts as follows:
23 Section 1. The title of the act of December 1, 1965
24 (P.L.988, No.368), known as the Weights and Measures Act of
1 1965, amended December 18, 1968 (P.L.1247, No.396), is amended
2 to read:
3 AN ACT
4 Relating to weights and measures; regulating the use and sale,
5 and providing for the inspection of weighing and measuring
6 devices; regulating the sale and packaging of commodities;
7 imposing duties and conferring powers upon the [Attorney
8 General and Department of Justice and certain local
9 officials; and prescribing penalties.] Department of
10 Agriculture and city and county sealers of weights and
11 measures; authorizing the regulation of persons engaged in
12 selling, installing and repairing of commercial weighing and
13 measuring devices; providing for the registration of weights
14 and measures and weighing and measuring devices used for
15 commercial purposes; providing for county and city sealers of
16 weights and measures and for training; further providing for
17 certain standards, for testing, for reporting and for the
18 sale and packaging of commodities; providing for disposition
19 of funds; imposing criminal and civil penalties; and making a
20 repeal.
21 Section 2. Section 1 of the act is amended to read:
22 Section 1. Short Title.[--]
23 This act shall be known and may be cited as the "Weights and
24 Measures Act of 1965."
25 Section 3. Section 2(2), (4), (5) and (10) of the act,
26 amended December 18, 1968 (P.L.1247, No.396), are amended and
27 the section is amended by adding a clause to read:
28 Section 2. Definitions.[--]
29 When used in this act, the following words and phrases shall
30 have the meanings ascribed to them in this section unless the
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1 context clearly indicates otherwise:
2 * * *
3 (2) "Weights" and/or "measures." All weights and measures of
4 every kind, instruments and devices for weighing and measuring
5 and any appliances and accessories associated with any or all
6 such instruments and devices[, except that the]. The term shall
7 include, but not be limited to, the following: parking meters,
8 postal scales and other scales used to determine shipping
9 charges, pill counters, coin-operated person weighers, coin-
10 operated air dispensers and coin-operated axle and vehicle
11 scales. The term shall also include Price Look Up (PLU) devices
12 and Universal Product Code (UPC) scanning systems in food
13 establishments required to be licensed in accordance with the
14 act of July 7, 1994 (P.L.421, No.70), known as the "Food Act."
15 The term shall not be construed to include portable scales used
16 to determine compliance with 75 Pa.C.S. Ch. 49 (relating to
17 size, weight and load), meters for the measurement of
18 electricity, gas (natural or manufactured), steam, coolant or
19 water or the counting or timing of telephone calls when the same
20 are operated in a public utility system or taxi meters. Such
21 portable scales, electricity, gas, steam, coolant, water [and],
22 telephone meters and taxi meters are hereby specifically
23 excluded from the purview of this act and none of the provisions
24 of this act shall be construed to apply to such meters or to any
25 appliances or accessories associated therewith.
26 * * *
27 (4) ["Attorney General." The Attorney General shall include
28 counsel general, attorney general, deputy attorney general,
29 assistant attorney general, special attorney general or an
30 attorney at law, designated by the attorney general or as
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1 provided for in section 16 of this act.] "Department." The
2 Department of Agriculture of the Commonwealth.
3 (5) "Director." The Director of the Bureau of [Standard
4 Weights and Measures of the Department of Internal Affairs] Ride
5 and Measurement Standards in the Department of Agriculture.
6 * * *
7 (10) "Commodity." [Anything--] Anything, such as goods,
8 wares, merchandise, compound mixture or preparation, products of
9 manufacture or any tangible personal property--which may be
10 lawfully kept, sold or offered for sale[.] or any product being
11 transported by vehicle and sold or priced by weight or any
12 service priced by weight.
13 * * *
14 (14) "Bureau." The Bureau of Ride and Measurement Standards
15 in the Department of Agriculture.
16 Section 4. Section 3 of the act, amended June 23, 1970
17 (P.L.423, No.141), is amended to read:
18 Section 3. Systems of Weights and Measures.[--]
19 The system of weights and measures in customary use in the
20 United States and the metric system of weights and measures are
21 jointly recognized and one or both of these systems shall be
22 used for all commercial purposes in the Commonwealth of
23 Pennsylvania. The definitions of basic units of weight and
24 measure, the tables of weight and measure and weights and
25 measures equivalents as published by the National [Bureau of
26 Standards] Institute of Standards and Technology are recognized
27 and shall govern weighing and measuring equipment and
28 transactions in [the State] this Commonwealth.
29 Section 5. Sections 4 and 5 of the act are amended to read:
30 Section 4. State Standards of Weight and Measure.[--]
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1 Such weights and measures in conformity with the standards of
2 the United States as have been supplied to the [State]
3 Commonwealth by the Federal government or otherwise obtained by
4 the [State] Commonwealth for use as State standards shall, when
5 the same have been certified as being satisfactory for use as
6 such by the National [Bureau of Standards] Institute of
7 Standards and Technology, be the State standards of weight and
8 measure. The State standards shall be kept in a safe and
9 suitable place in the [office or laboratory of the State Bureau
10 of Standard Weights and Measures] State Metrology Laboratory;
11 shall not be removed from the [office or] laboratory except for
12 repairs or for certification; and shall be submitted at least
13 once in ten years to the National [Bureau of Standards]
14 Institute of Standards and Technology for certification. The
15 State standards shall be used only in verifying the office
16 standards and for scientific purposes. The Department of General
17 Services shall, within six months of the effective date of this
18 amendment, submit to the majority and minority chairpersons of
19 the Agriculture and Rural Affairs Committee of the Senate and
20 the majority and minority chairpersons of the Agriculture and
21 Rural Affairs Committee of the House of Representatives a plan
22 to obtain full National Institute of Standards and Technology
23 accreditation for the State Metrology Laboratory. Such plan
24 shall include recommendations to solve the space, facility and
25 equipment deficiencies of the laboratory.
26 Section 5. Office and Working Standards and Equipment.[--]
27 In addition to the State standards provided for in section 4
28 of this act, there shall be supplied by the [State] Commonwealth
29 at least one complete set of copies of [these] the State
30 Standards to be kept in the office or laboratory of the [State
19960H2524B3361 - 5 -
1 Bureau of Standard Weights and Measures] bureau and to be known
2 as "office standards" and also such "field standards" and such
3 equipment as may be found necessary to carry out the provisions
4 of this act. The office standards and field standards shall be
5 verified upon their initial receipt, and at least once each year
6 thereafter, the office standards by direct comparison with the
7 State standards, and the field standards by comparison with the
8 office standards.
9 Section 6. Sections 6, 7, 8, 9 and 10 of the act, amended
10 December 18, 1968 (P.L.1247, No.396), are amended to read:
11 Section 6. Director and Inspectors of Weights and
12 Measures.[--]
13 There shall be a director of weights and measures and
14 inspectors of weights and measures and necessary technical and
15 clerical personnel who shall be appointed by the [Attorney
16 General] department and who shall collectively comprise the
17 [State Bureau of Standard Weights and Measures] Bureau of Ride
18 and Measurement Standards, of which the director shall be the
19 chief. The [Attorney General] department shall be allowed such
20 sums for salaries for the director, the inspectors and the
21 necessary technical and clerical employes, for necessary
22 equipment and supplies and for traveling and contingent
23 expenses, as shall be appropriated by the General Assembly.
24 Section 7. General Powers and Duties of [Attorney General.--
25 ] the Department of General Services and the Department.
26 (a) Department of General Services.--The [Attorney General]
27 State Metrology Laboratory in the Department of General Services
28 shall have the custody of the State standards of weight and
29 measure and of the other standards and equipment provided for by
30 this act and shall keep accurate records of the same.
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1 (b) Department of Agriculture.--The [Attorney General]
2 department shall enforce the provisions of this act[. He shall
3 have] and shall keep a general supervision over the weights and
4 measures offered for sale, sold or in use in [the State] this
5 Commonwealth.
6 Section 8. Specific Powers and Duties of [Attorney General;
7 Regulations.--] Department.
8 (a) Regulations.--The [Attorney General] department shall
9 issue from time to time regulations for the enforcement and
10 administration of this act, which regulations upon being [filed
11 with the Department of State under the procedures established by
12 the Administrative Agency Law, act of June 4, 1945 (P.L.1388),
13 and its amendments,] promulgated pursuant to law shall have the
14 force and effect of law. These regulations may include:
15 (1) Standards of net weight, measure, count and standards of
16 fill for any commodity in package form.
17 (2) Rules governing the technical and reporting procedures
18 to be followed and the report and record forms and marks of
19 approval and rejection to be used by inspectors of weights and
20 measures in the discharge of their official duties.
21 (3) Exemptions from the sealing or marking requirements of
22 section [14] 17 of this act with respect to weights and measures
23 of such character or size that such sealing or marking would be
24 inappropriate, impracticable or damaging to the apparatus in
25 question.
26 (b) Specifics.--These regulations shall include
27 specifications, tolerances and regulations for weights and
28 measures of the character of those specified in section 10 of
29 this act designed to eliminate from use without prejudice to
30 apparatus that conforms as closely as practicable to the
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1 official standards those (i) that are not accurate; (ii) that
2 are of such construction that they are faulty, that is, that are
3 not reasonably permanent in their adjustment or will not repeat
4 their indications correctly; or (iii) that facilitate the
5 perpetration of fraud. The specifications, tolerances and
6 regulations for commercial weighing and measuring devices,
7 together with amendments thereto as recommended by the National
8 [Bureau of Standards] Institute of Standards and Technology and
9 published in National [Bureau of Standards] Institute of
10 Standards and Technology Handbook 44, and supplements thereto,
11 or in any publication revising or superseding Handbook 44, shall
12 be the specifications, tolerances and regulations for commercial
13 weighing and measuring devices of the Commonwealth of
14 Pennsylvania except insofar as specifically modified, amended or
15 rejected by a regulation issued by the [Attorney General]
16 department. For the purposes of this act, apparatus shall be
17 deemed to be "correct" when it conforms to all applicable
18 requirements promulgated as specified in this section; other
19 apparatus shall be deemed to be "incorrect."
20 (c) Methods.--[Regulations promulgated hereunder shall be
21 effective thirty days from the date of their filing with the
22 Department of State during which period interested parties may
23 submit to the Attorney General, in writing, any objections to
24 the proposed regulations and the reasons supporting such
25 objections. In addition, the Attorney General shall hold a
26 hearing upon the written request of three or more interested
27 parties made within said thirty day period, in which case the
28 Attorney General may, at his discretion, further postpone the
29 effective date of the regulation.] Regulations shall be
30 promulgated in the manner prescribed by law.
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1 (d) Reports by department.--On or before March 1 of each
2 year after the effective date of this subsection, the department
3 shall submit a report to the Agriculture and Rural Affairs
4 Committee of the Senate and the Agriculture and Rural Affairs
5 Committee of the House of Representatives which shall describe
6 all relevant activities of State inspectors of weights and
7 measures for the preceding calendar year. The report shall
8 contain, at a minimum, the following:
9 (1) An identification of the regions of this Commonwealth
10 served by State inspectors and the number of such inspectors in
11 each region.
12 (2) The number of inspections made by each State inspector.
13 (3) The number and nature of enforcement actions initiated
14 by each State inspector.
15 (4) The disposition of each enforcement action, including
16 the number and nature of warnings issued by each inspector.
17 Section 9. Testing and [Inspecting] Inspection of
18 Standards.[--]
19 The [Attorney General] State Metrology Laboratory at least
20 once every five years shall test the standards of weight and
21 measure procured by any city or county for which a sealer of
22 weights and measures has been appointed and shall approve the
23 same when found to be correct[; and he] and shall inspect such
24 standards at least once every two years.
25 Section 10. General Testing and [Inspecting.--] Inspections.
26 When not otherwise provided by law, the [Attorney General]
27 department shall have the power to inspect and test to ascertain
28 if they are correct all weights and measures kept, offered or
29 exposed for sale. It shall be the duty of the [Attorney General]
30 department at least once within a twelve-month period, or [less
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1 frequently if in accordance with a schedule issued by him and as
2 much oftener as he may deem] more frequently if deemed
3 necessary, to inspect and test to ascertain if they are correct,
4 all weights and measures commercially used (i) in determining
5 the weight, measurement or count of commodities or things sold,
6 offered or exposed for sale on the basis of weight, measure or
7 [of] count; or (ii) in computing the basic charge or payment for
8 services rendered on the basis of weight, measure or [of] count
9 or of devices utilized to dispense services on time. With
10 respect to single-service devices, that is, devices designed to
11 be used commercially only once and to be then discarded, and
12 with respect to devices uniformly mass-produced, as by means of
13 a mold or die and not susceptible to individual adjustment,
14 tests may be made on representative samples of such devices and
15 the lots of which such samples are representative shall be held
16 to be correct or incorrect upon the basis of the results of the
17 inspections and tests on such samples.
18 Section 7. The act is amended by adding sections to read:
19 Section 11. Registration of Sellers, Installers and
20 Repairers of Weighing and Measuring Devices.
21 The department shall have the authority to establish, by
22 regulation, a program requiring the registration of persons
23 engaged in the business of selling, installing, servicing and
24 repairing various types of commercial weighing and measuring
25 devices. The program may prescribe minimum field standards to be
26 maintained by those persons to adequately test and place
27 weighing and measuring devices into commercial service. The
28 program may also require that those persons give adequate notice
29 to the responsible weights and measures jurisdiction of the
30 installation of a commercial weighing and measuring device.
19960H2524B3361 - 10 -
1 Section 12. Registration of Weighing and Measuring Devices
2 used for Commercial Purposes.
3 (a) Registration required.--The department shall establish,
4 by regulation, a program requiring the annual registration of
5 every weighing and measuring device used commercially for:
6 (1) buying or selling any commodity or object;
7 (2) hire or award;
8 (3) computing any charge of payment for services rendered on
9 the basis of weight and measure; or
10 (4) determining any weight or measure for a charge.
11 (b) Application.--The application for registration of
12 weighing and measuring devices used for commercial purposes
13 shall be made on a form supplied by the department upon request
14 of the applicant.
15 (c) Expiration and renewal.--The registration for a weighing
16 and measuring device shall expire one year from the date of
17 issue. The registration may be renewed upon submission of a
18 renewal application to the department and payment of the
19 prescribed fee.
20 (d) Display of registration required.--The owner of a
21 weighing and measuring device shall display the registration
22 conspicuously at each place of business where the device is
23 located.
24 (e) Denial, suspension or revocation of registration.--The
25 department may deny, suspend or revoke the registration of a
26 weighing and measuring device if:
27 (1) The device does not meet the requirements of this act.
28 (2) The owner uses the device in violation of this act or in
29 violation of any regulation adopted by the department pursuant
30 to this act.
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1 (f) Fees for registration.--The annual fee for registering a
2 weighing and measuring device under this section shall be
3 thirty-five dollars ($35).
4 (g) Exemption from registration fee.--The department shall
5 exempt from the registration fee requirements of this section
6 any food establishment which registers its weighing and
7 measuring devices at the same time it submits its annual
8 registration under the act of July 7, 1994 (P.L.421, No.70),
9 known as the "Food Act," any public eating and drinking place
10 which registers its weighing and measuring devices at the same
11 time it submits its annual license fee under the act of May 23,
12 1945 (P.L.926, No.369), referred to as the Public Eating and
13 Drinking Place Law, and any commercial feed facility which
14 registers its weighing and measuring devices at the same time it
15 submits its annual license fee under 3 Pa.C.S. § 5103 (relating
16 to licensing). The department shall also exempt from the
17 registration fee requirement of this section any establishment
18 engaged in the retail sale of gasoline for use in the fuel
19 supply tanks of motor vehicles which is required to obtain an
20 annual liquid fuels permit from the Department of Revenue in
21 accordance with the act of May 21, 1931 (P.L.149, No.105), known
22 as "The Liquid Fuels Tax Act." The department shall enter into a
23 memorandum of understanding with the Department of Revenue which
24 shall specify procedures for the collection of data relating to
25 establishments engaged in the retail sale of gasoline.
26 Section 13. Training program.
27 The department shall establish, by regulation, minimum
28 training which shall be required to be met by all inspectors and
29 county and city sealers. The department may adopt the training
30 program prescribed by the National Institute of Standards and
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1 Technology for inspectors and sealers of weights and measures.
2 Section 8. Sections 11, 12, 13, 14, 15, 16, 17, 18 and 19 of
3 the act, amended December 18, 1968 (P.L.1247, No.396), are
4 amended to read:
5 Section [11] 14. Investigations.[--]
6 The [Attorney General] department shall investigate
7 complaints made to [him] it concerning violations of the
8 provisions of this act and shall upon [his] its own initiative
9 conduct such investigations as [he deems] deemed appropriate and
10 advisable, to develop information on prevailing procedures in
11 commercial quantity determination and on possible violations of
12 the provisions of this act, and to promote the general objective
13 of accuracy in the determination and representation of quantity
14 in commercial transactions.
15 Section [12] 15. Inspection of Packages.[--]
16 The [Attorney General] department shall, from time to time,
17 weigh or measure and inspect packages or amounts of commodities
18 kept, offered or exposed for sale, sold or in the process of
19 delivery, to determine whether the same contain the amounts
20 represented and whether they [be] are kept, offered or exposed
21 for sale or sold in accordance with law; and when such packages
22 or amounts of commodities are found not to contain the amounts
23 represented or are found to be kept, offered or exposed for sale
24 in violation of law, the [Attorney General] department may order
25 them off sale and may so mark or tag them as to show them to be
26 illegal. In carrying out the provisions of this section, the
27 [Attorney General, whenever possible, shall employ sampling
28 procedures recommended by the National Bureau of Standards,
29 under which the compliance of a given lot of packages will be
30 determined on the basis of the result obtained on a sample
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1 selected from and representative of such lot.] department shall
2 use the National Institute of Standards and Technology Handbook
3 133, latest edition, containing any amendments or supplements
4 thereto, or which may be superseded by a new handbook, except
5 insofar as specifically modified, amended or rejected by a
6 regulation issued by the department. No person shall (i) sell or
7 keep, offer or expose for sale in intrastate commerce any
8 package or amount of commodity that has been ordered off sale or
9 marked or tagged as provided in this section, unless and until
10 such package or amount of commodity has been brought into full
11 compliance with all legal requirements; or (ii) dispose of any
12 package or amount of commodity that has been ordered off sale or
13 marked or tagged as provided in this section and that has not
14 been brought into compliance with legal requirements in any
15 manner except with the specific approval of the [Attorney
16 General] department.
17 Section [13] 16. Stop-Use, Stop-Removal and Removal
18 Orders.[--]
19 (a) Orders.--The [Attorney General] department shall have
20 the power to issue stop-use orders, stop-removal orders and
21 removal orders with respect to weights and measures being, or
22 susceptible of being, commercially used and to issue stop-
23 removal orders and removal orders with respect to packages or
24 amounts of commodities kept, offered or exposed for sale, sold
25 or in the process of delivery, whenever in the course of [his]
26 enforcement of the provisions of this act [he] the department
27 deems it necessary or expedient to issue such orders.
28 (b) Prohibitions.--No person shall use, remove from the
29 premises specified or fail to remove from the premises specified
30 any weight, measure or package or amount of commodity contrary
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1 to the terms of a stop-use order, stop-removal order or removal
2 order issued under the authority of this section.
3 (c) Appeals.--Whenever an aggrieved person shall appeal or
4 seek to enjoin enforcement of any order issued by the [Attorney
5 General] department pursuant to this section, such proceeding
6 shall be brought in the court of common pleas of the judicial
7 district in which the weight, measure or commodity was located
8 at the time of the issuance of the [Attorney General's]
9 department's order.
10 Section [14] 17. Disposition of Correct and Incorrect
11 Apparatus.[--]
12 (a) Approval and disapproval.--The [Attorney General]
13 department shall approve for use and seal or mark with
14 appropriate devices such weights and measures as [he] it finds
15 upon inspection and test to be "correct" as defined in section 8
16 of this act and shall reject and mark or tag "rejected" such
17 weights and measures as [he] it finds upon inspection or test to
18 be "incorrect" as defined in section 8 of this act, but which in
19 [his] its best judgment are susceptible to satisfactory repair.
20 Such sealing or marking shall not be required with respect to
21 such weights and measures as may be exempted therefrom by a
22 regulation of the [Attorney General] department issued under the
23 authority of section 8 of this act.
24 (b) Seizure and disposition.--The [Attorney General]
25 department shall condemn and may seize and may destroy weights
26 and measures found to be incorrect that in [his] its best
27 judgment are not susceptible to satisfactory repair. Weights and
28 measures that have been rejected may be confiscated and may be
29 destroyed by the [Attorney General] department if not corrected
30 as required by section [20] 24 of this act or if used or
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1 disposed of contrary to the requirements of section [20] 24 of
2 this act.
3 Section [15] 18. Police Powers; Right of Entry and
4 Stoppage.[--]
5 (a) Seizure without warrant.--With respect to the
6 enforcement of this act and any other acts dealing with weights
7 and measures that [he] it is or may be empowered to enforce, the
8 [Attorney General] department may seize for use as evidence
9 without formal warrant, incorrect or unsealed weights and
10 measures or amounts or packages of commodity found, prior to
11 seizure, to be used, retained, offered or exposed for sale or
12 sold in violation of law.
13 (b) Compliance.--[In the performance of his official duties,
14 the Attorney General] The department is authorized to enter and
15 go into or upon, without formal warrant, any structure [or],
16 premises or vehicle and to stop any person whatsoever and to
17 require him to proceed with or without any vehicle of which he
18 may be in charge to the nearest available testing apparatus
19 tested and approved by the [Attorney General] department, a city
20 or a county.
21 (c) Method.--The department shall utilize the method of sale
22 of commodities as stated in the National Institute of Standards
23 and Technology Handbook 130, except insofar as specifically
24 modified, amended or rejected by a regulation issued by the
25 department.
26 Section [16] 19. Powers and Duties of Director and
27 Inspector.[--]
28 The powers and duties given to and imposed upon the [Attorney
29 General] department by sections 9, 10, [11, 12, 13, 14, 15, 19
30 and 37] 14, 15, 16, 17, 18 and 42 of this act are hereby given
19960H2524B3361 - 16 -
1 to and imposed upon the director and inspectors also when acting
2 under the instructions and at the direction of the [Attorney
3 General] department.
4 Section [17] 20. City and County Sealers and Deputy Sealers
5 of Weights and Measures; Powers and Duties.--The sealer of a
6 city or of a county and his deputy sealers, when acting under
7 his instructions and at his direction, shall have the same
8 powers and shall perform the same duties within the city or the
9 county for which appointed as are granted to and imposed upon
10 the director by sections 10, [11, 12, 13, 14, 15 and 37] 14, 15,
11 16, 17, 18 and 44 of this act.
12 Section [18] 21. City and County Standards and Equipment.[--
13 ]
14 (a) Procurement of standards.--The mayor of each city and the
15 board of county commissioners of each county for which a sealer
16 has been appointed shall (i) procure at the expense of the city
17 or county, as the case may be, such standards of weight and
18 measure and such additional equipment to be used for the
19 enforcement of the provisions of this act in such city or county
20 as may be prescribed by the [Attorney General] department; (ii)
21 provide a suitable office for the sealer; and (iii) make
22 provisions for the necessary clerical services, supplies and
23 transportation and for defraying contingent expenses incident to
24 the official activities of the sealer in carrying out the
25 provisions of this act.
26 (b) Official.--When the standards of weight and measure
27 required by this section to be provided by a city or county
28 shall have been examined and approved by the [Attorney General]
29 department, they shall be the official standards for such city
30 or county.
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1 (c) Comparisons.--It shall be the duty of the sealer to make
2 or to arrange to have made, at least as frequently as once a
3 year, comparisons between his field standards and appropriate
4 standards of a higher order belonging to his city or county, as
5 the case may be, or to the [State] Commonwealth in order to
6 maintain such field standards in accurate condition.
7 Section [19] 22. Concurrent Jurisdiction.--In cities and
8 counties for which sealers of weights and measures have been
9 appointed as provided for by local regulations, the [Attorney
10 General] department shall have concurrent authority to enforce
11 the provisions of the act.
12 Section 9. The act is amended by adding sections to read:
13 Section 23. Division of Responsibilities.
14 (a) Agreements; local inspections.--The department may enter
15 into memorandums of understanding with counties and with cities
16 employing sealers of weights and measures for a division of
17 inspection responsibilities for the enforcement of this act and
18 any rules, regulations and standards promulgated under this act,
19 provided that such counties or cities satisfy the standards and
20 requirements established by the department to assure uniform
21 Statewide enforcement of this act. Each memorandum of
22 understanding shall be reviewed and updated annually. In
23 reaching agreements to enter into memorandums of understanding
24 with counties and cities employing sealers of weights and
25 measures, the provisions of this act and its regulations shall
26 be considered as establishing uniform requirements, regulations
27 and standards for weights and measures and weighing and
28 measuring devices throughout this Commonwealth.
29 (b) Frequency of inspections by county and city sealers.--
30 Notwithstanding any provision of law to the contrary, each
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1 memorandum of understanding entered into by the department with
2 county and city sealers of weights and measures shall provide
3 for the inspection of all weighing and measuring devices used
4 for commercial purposes and under the jurisdiction of a city or
5 county at least once within a twelve-month period, provided,
6 however, that nothing in this section shall prohibit a county or
7 city from inspecting a device more frequently if it is
8 determined that such inspection is necessary.
9 (c) Reports.--Each city and county sealer shall annually and
10 at such other times as the department may require submit to the
11 department a written report of the work performed by him; of the
12 weights, measures and weighing and measuring devices inspected
13 or tested by him and the results of such inspection or test; of
14 all prosecutions instituted by him for violations of provisions
15 of this act; and of all other matters and things pertaining to
16 his duties or which may be required by the department.
17 Section 10. Sections 20 and 21 of the act, amended December
18 18, 1968 (P.L.1247, No.396), are amended to read:
19 Section [20] 24. Duty of Owners of Incorrect Apparatus.[--]
20 (a) Rejected apparatus.--Weights and measures that have been
21 rejected under the authority of the [Attorney General]
22 department or of a sealer shall remain subject to the control of
23 the rejecting authority until such time as suitable repair or
24 disposition thereof has been made as required by this section.
25 (b) Corrections.--The owners of such rejected weights and
26 measures shall cause the same to be made correct within thirty
27 days, or such longer period as may be authorized by the
28 rejecting authority, or in lieu of this may dispose of the same,
29 but only in such manner as is specifically authorized by the
30 rejecting authority.
19960H2524B3361 - 19 -
1 (c) Reexamination.--Weights and measures that have been
2 rejected shall not again be used commercially until they have
3 been officially reexamined and found to be correct or until
4 specific written permission for such use is issued by the
5 rejecting authority.
6 Section [21] 25. Method of Sale of Commodities.[--]
7 (a) Liquid commodities.--General commodities in liquid form
8 shall be sold only by liquid measure or by weight and, except as
9 otherwise provided in this act, commodities not in liquid form
10 shall be sold only by weight, measure of length or area or by
11 count. Liquid commodities may be sold by weight and commodities
12 not in liquid form may be sold by count only if such methods
13 give accurate information as to the quantity of commodity sold.
14 (b) Applicability.--The provisions of this section shall not
15 apply (i) to commodities when sold for immediate consumption on
16 the premises where sold; (ii) to vegetables when sold by the
17 head or bunch; (iii) to commodities in containers standardized
18 by law of this [State] Commonwealth or by Federal law; (iv) to
19 commodities in package form when there exists a general consumer
20 usage to express the quantity in some other manner; (v) to
21 concrete aggregates, concrete mixtures and loose solid materials
22 such as earth, soil, gravel, crushed stone and the like when
23 sold by cubic measure; or (vi) to unprocessed vegetable and
24 animal fertilizer when sold by cubic measure.
25 (c) Regulations.--The [Attorney General] department may
26 issue such reasonable regulations as are necessary to assure
27 that amounts of commodity sold are determined in accordance with
28 good commercial practice and are so determined and represented
29 as to be accurate and informative to all parties at interest. In
30 issuing these regulations, the department shall recognize the
19960H2524B3361 - 20 -
1 method of sale of commodities as stated in the National
2 Institute of Standards and Technology Handbook 130, except as
3 otherwise modified, amended or rejected by regulation of the
4 department.
5 Section 11. Section 22 of the act, amended June 23, 1970
6 (P.L.423, No.141), is amended to read:
7 Section [22] 26. Packages; Declarations of Quantity and
8 Origin; Variations; Exemptions.[--]
9 (a) Declarations.--Except as otherwise provided in this act,
10 any commodity in package form introduced or delivered for
11 introduction into or received in intrastate commerce kept for
12 the purpose of sale or offered or exposed for sale in intrastate
13 commerce shall bear on the outside of the package such definite,
14 plain and conspicuous declarations of (1) the identity of the
15 commodity in the package unless the same can easily be
16 identified through the wrapper or container; (2) the net
17 quantity of the contents in terms of weight, measure or count;
18 and (3) in the case of any package kept, offered or exposed for
19 sale or sold any place other than on the premises where packed,
20 the name and place of business address of the manufacturer,
21 packer or distributor as may be prescribed by regulation issued
22 by the [Attorney General] department: Provided, That, in
23 connection with the declaration required under clause (2),
24 neither the qualifying term "when packed" or any words of
25 similar import nor any term qualifying a unit of weight, measure
26 or count (for example "jumbo," "giant," "full," and the like)
27 that tends to exaggerate the amount of commodity in a package
28 shall be used.
29 (b) Reasonable variations.--Under clause (2) of subsection
30 (a) of this section, the [Attorney General] department shall, by
19960H2524B3361 - 21 -
1 regulation, establish (i) reasonable variations to be allowed
2 which may include variations below the declared weight or
3 measure caused by ordinary and customary exposure only after the
4 commodity is introduced into intrastate commerce to conditions
5 that normally occur in good distribution practice and that
6 unavoidably result in decreased weight or measure; (ii)
7 exemptions as to small packages; and (iii) exemptions as to
8 commodities put up in variable weights or sizes for sale intact
9 and either customarily not sold as individual units or
10 customarily weighed or measured at time of sale to the consumer.
11 (c) Other commodities.--All commodities not considered as
12 commodities in package form within the meaning of [the] this act
13 or labeled as to net contents at the time of sale, shall be
14 counted, measured or weighed in full view of the purchaser at
15 the time of sale on a weighing or measuring device approved by
16 the department and inspected as to accuracy by the several
17 State, county and city inspectors of weights and measures; and a
18 statement of result of such count, measure or weight shall be
19 made to the purchaser by the person making the sale. All
20 commodities not considered as commodities in package form within
21 the meaning of [the] this act or labeled as to net contents at
22 the time of sale, and which shall be ordered by telephone or in
23 some manner wherein the purchaser is not present at the time the
24 commodities are weighed, measured or counted, shall have marked
25 plainly thereon by the seller or his agent, the contents either
26 by weight, measure or count, or a written memorandum of the same
27 shall be delivered with the commodity to the purchaser.
28 Section 12. Sections 23 and 24 of the act are amended to
29 read:
30 Section [23] 27. Declarations of Unit Price on Random
19960H2524B3361 - 22 -
1 Packages.[--]
2 In addition to the declarations required by section [22] 26
3 of this act, any commodity in package form, the package being
4 one of a lot containing random weights, measures or counts of
5 the same commodity and bearing the total selling price of the
6 package, shall bear on the outside of the package a plain and
7 conspicuous declaration of the price per single unit of weight,
8 measure or count.
9 Section [24] 28. Misleading Packages.[--]
10 (a) Packaging.--No commodity in package form shall be so
11 wrapped nor shall it be in a container so made, formed or filled
12 as to mislead the purchaser as to the quantity of the contents
13 of the package.
14 (b) Contents.--The contents of a container shall not fall
15 below such reasonable standard of fill as may have been
16 prescribed for the commodity in question by the [secretary]
17 department.
18 Section 13. Section 25 of the act, added June 23, 1970
19 (P.L.423, No.141), is amended to read:
20 Section [25] 29. Advertising Packages for Sale.[--]
21 (a) Quantity of contents.--Whenever a commodity in package
22 form is advertised in any manner and the retail price of the
23 package is stated in the advertisement, there shall be closely
24 and conspicuously associated with such statement of price a
25 declaration of the basic quantity of contents of the package as
26 is required by law or regulation to appear on the package.
27 (b) Exaggerations prohibited.--In connection with the
28 declaration required under this section, there shall be declared
29 neither the qualifying term "when packed" nor any other words of
30 similar import nor any term qualifying a unit of weight, measure
19960H2524B3361 - 23 -
1 or count (for example "jumbo," "giant," "full" and the like)
2 that tends to exaggerate the amount of commodity in the package.
3 (c) Dual declaration.--Where the law or regulation requires
4 a dual declaration of net quantity to appear on the package,
5 only the smaller of the two units of weight or measure need
6 appear in the advertisement.
7 Section 14. Sections 26 and 27 of the act are amended to
8 read:
9 Section [26] 30. Sale by Net Weight.[--]
10 The word "weight" as used in this act in connection with any
11 commodity shall mean net weight. Whenever any commodity is sold
12 on the basis of weight, the net weight of the commodity shall be
13 employed and all contracts concerning commodities shall be so
14 construed.
15 Section [27] 31. Misrepresentation of Price.[--]
16 (a) Pricing.--Whenever any commodity or service is sold or
17 is offered, exposed or advertised for sale by weight, measure or
18 count, the price shall not be misrepresented nor shall the price
19 be represented in any manner calculated or tending to mislead or
20 deceive an actual or prospective purchaser.
21 (b) Unit of weight.--Whenever an advertised, posted or
22 labeled price per unit of weight, measure or count includes a
23 fraction of a cent, all elements of the fraction shall be
24 prominently displayed and the numeral or numerals expressing the
25 fraction shall be immediately adjacent to, of the same general
26 design and style as, and at least one-half the height and width
27 of, the numerals representing the whole cents.
28 Section 15. Sections 28 and 29 of the act, amended June 23,
29 1970 (P.L.423, No.141), are amended to read:
30 Section [28] 32. Meat, Poultry and Seafood.[--(a)]
19960H2524B3361 - 24 -
1 Except for immediate consumption on the premises where sold,
2 or as one of several elements comprising a ready-to-eat meal
3 sold as a unit for consumption elsewhere than on the premises
4 where sold, all meat, meat products, poultry (whole or parts)
5 and all seafood, except shellfish offered or exposed for sale or
6 sold as food, shall be offered or exposed for sale and sold by
7 weight. The following may be sold by weight, measure or count:
8 (1) Items sold for consumption on the premises.
9 (2) Items sold as one of three or more different elements,
10 excluding condiments, comprising a ready-to-eat meal sold as a
11 unit for consumption elsewhere than on the premises where sold.
12 (3) Ready-to-eat chickens and chicken parts cooked on the
13 premises but not packaged in advance of sale.
14 (4) Sandwiches when offered or exposed for sale on the
15 premises where packed or produced and not intended for resale.
16 [(b) When meat, poultry or seafood is combined with or
17 associated with some other food element or elements to form
18 either a distinctive food product or food combination, such food
19 product or combination shall be offered or exposed for sale and
20 sold by weight and the quantity representation may be the total
21 weight of the product or combination and a quantity
22 representation need not be made for each of the several elements
23 of the product or combination: Provided, That, for ready-to-
24 cook, whole carcass stuffed poultry, ready-to-cook stuffed
25 poultry roasts, rolls, bars and logs, and ready-to-cook stuffed
26 poultry products designated by terms of similar import, the
27 label must show the total net weight of the poultry product and
28 in proximity thereto, a statement specifying the minimum weight
29 of poultry in the product.]
30 Section [29] 33. Butter, Oleomargarine and Margarine.[--]
19960H2524B3361 - 25 -
1 Butter, oleomargarine and margarine shall be offered and
2 exposed for sale and sold by weight and only in units of one-
3 quarter pound, one-half pound[,] and one pound. Butter may be
4 sold in multiples of one pound.
5 Tub butter, packaged on the premises where sold in advance of
6 sale, may be sold in random weights.
7 Section 16. Sections 30, 31, 32 and 33 of the act are
8 amended to read:
9 Section [30] 34. Fluid Dairy Products.[--]
10 (a) Quantities.--All fluid dairy products, including but not
11 limited to whole milk, skimmed milk, cultured milk, sweet cream,
12 sour cream and buttermilk shall be packaged for retail sale only
13 in units of one gill, one-half liquid pint, ten fluid ounces,
14 twelve fluid ounces, one liquid pint, one-third liquid quart,
15 one liquid quart, or multiples of one liquid quart, one-half
16 gallon, one gallon or multiples of one gallon.
17 (b) Small packages.--Packages in units of less than one gill
18 shall be permitted.
19 (c) Metric.--Metric equivalent packages of fluid dairy
20 products shall only be units of 125 milliliters, 250
21 milliliters, 500 milliliters, 1 liter or multiples of 1 liter.
22 Section [31] 35. Flour, Corn Meal and Hominy Grits.[--]
23 (a) Increments of weight.--When in package form, and when
24 packed, kept, offered or exposed for sale or sold, wheat flour,
25 whole wheat flour, graham flour, self-rising wheat flour,
26 phosphated wheat flour, bromated flour, enriched flour, enriched
27 self-rising flour, enriched bromated flour, corn flour, corn
28 meal and hominy grits shall be package only in units of three,
29 five, ten, twenty-five, fifty, or one hundred pounds avoirdupois
30 weight.
19960H2524B3361 - 26 -
1 (b) Small packages.--Packages in units of less than three
2 pounds or more than one hundred pounds shall be permitted.
3 Section [32] 36. Potatoes.[--]
4 (a) Increments of weight.--All potatoes packed for sale,
5 offered or exposed for sale, in this Commonwealth, shall be
6 packaged in containers of net avoirdupois weights of three,
7 five, ten, fifteen, twenty, twenty-five, fifty and one hundred
8 pounds and multiples of one hundred pounds. Packages in units of
9 less than three pounds shall be permitted.
10 (b) Exceptions.--The provisions of this section shall not
11 apply to (1) potatoes offered to the consumer at retail from
12 bulk stock; (2) the sale of potatoes to processors or for
13 export; (3) the sale of peeled, cut or sliced potatoes, or
14 frozen or dehydrated potatoes, or precooked dehydrated or dried
15 potatoes; (4) the sale of seed potatoes; or (5) the sale of
16 sweet potatoes or yams.
17 Section [33] 37. Construction of Contracts.[--]
18 Fractional parts of any unit of weight or measure shall mean
19 like fractional parts of the value of such unit as prescribed or
20 defined in sections 2 and 3 of this act and all contracts
21 concerning the sale of commodities and services shall be
22 construed in accordance with this requirement.
23 Section 17. Section 34 of the act, amended June 23, 1970
24 (P.L.423, No.141), is amended to read:
25 Section [34] 38. Hindering or Obstructing Officer;
26 Penalties.[--]
27 Any person who shall hinder or obstruct in any way the
28 [Attorney General] department, the director or any one of the
29 inspectors or a sealer or deputy sealer in the performance of
30 his official duties shall, upon conviction [thereof, in a
19960H2524B3361 - 27 -
1 summary proceeding be punished by a fine of not less than twenty
2 dollars ($20) or more than two hundred dollars ($200), or by
3 imprisonment for not more than three months, or by both such
4 fine and imprisonment.], be subject to criminal penalties in
5 accordance with subsection (a) of section 41 of this act.
6 Section 18. Section 35 of the act, amended December 18, 1968
7 (P.L.1247, No.396), is amended to read:
8 Section [35] 39. Impersonation of Officer; Penalties.[--]
9 Any person who shall impersonate in any way the [Attorney
10 General] department, the director or any one of the inspectors
11 or a sealer or deputy sealer by the use of his seal or a
12 counterfeit of his seal or in any other manner [shall be guilty
13 of a misdemeanor, and upon conviction thereof, shall be punished
14 by a fine of not less than one hundred dollars ($100), or more
15 than five hundred dollars ($500), or by imprisonment for not
16 more than one year, or by both such fine and imprisonment.]
17 shall, upon conviction, be subject to criminal penalties in
18 accordance with subsection (a) of section 41 of this act.
19 Section 19. Section 36 introductory paragraph and (2) of the
20 act, amended June 23, 1970 (P.L.423, No.141), are amended to
21 read:
22 Section [36. Offenses and Penalties.--] 40. Prohibited
23 Acts.
24 [Any person who, by himself or by his servant or agent, or as
25 the servant or agent of another person, performs any one of the
26 acts enumerated in clauses (1) through (9) of this section,
27 shall upon a first conviction thereof in a summary proceeding be
28 punished by a fine of not less than twenty dollars ($20) or more
29 than two hundred dollars ($200). Any person who, by himself or
30 by his servant or agent, or as the servant or agent of another
19960H2524B3361 - 28 -
1 person, who is convicted of performing any one of the acts
2 enumerated in clauses (1) through (9) of this section for a
3 second or subsequent time shall be guilty of a misdemeanor, and
4 he shall be punished by a fine of not less than one hundred
5 dollars ($100), or more than five hundred dollars ($500), or by
6 imprisonment for not more than one year, or by both such fine
7 and imprisonment.]
8 It shall be unlawful to:
9 * * *
10 (2) Use, or have in possession for the purpose of current
11 use for any commercial purpose specified in section 10, a weight
12 or measure that does not bear a seal or mark such as specified
13 in section [14] 17 unless such weight or measure has been
14 exempted from testing by provisions of section 10 or by
15 regulation of the [secretary] department issued under the
16 authority of section 8 of this act.
17 * * *
18 Section 20. The act is amended by adding a section to read:
19 Section 41. Penalties.
20 (a) Criminal penalties.--A person who violates any provision
21 of this act, or any rule, regulation, standard or order made
22 under this act, commits a summary offense for the first or
23 second offense. A person who violates any provision of this act
24 or any rule, regulation, standard or order made under this act,
25 commits a misdemeanor of the third degree if the violation is a
26 third or subsequent offense and if the violation occurs within
27 two years of the date of the last previous offense.
28 (b) Civil penalties.--In addition to proceeding under any
29 other remedy available at law or in equity for a violation of a
30 provision of this act or a rule or regulation adopted or any
19960H2524B3361 - 29 -
1 order issued under this act, the department may assess a civil
2 penalty not to exceed ten thousand dollars ($10,000) upon an
3 individual or business for each offense. No civil penalty shall
4 be assessed unless the person charged has been given notice and
5 opportunity for a hearing in accordance with law. In determining
6 the amount of civil penalty, the department shall consider the
7 gravity of the violation. Whenever the department finds a
8 violation which did not cause harm to the public interest, the
9 department may issue a warning in lieu of assessing a penalty.
10 In case of inability to collect the civil penalty or failure of
11 any person to pay all or any portion of the penalty as the
12 department may determine, the department may refer the matter to
13 the Attorney General, who shall recover the amount by action in
14 the appropriate court.
15 Section 21. Section 37 of the act, amended December 18, 1968
16 (P.L.1247, No.396), is amended to read:
17 Section [37. Injunction.--] 42. Temporary or Permanent
18 Injunctions.
19 [The Attorney General is authorized to apply to any court of
20 competent jurisdiction for, and such court upon hearing and for
21 cause shown may grant,] In addition to any other remedies
22 provided by this act, the department may apply to the
23 Commonwealth Court or to any other court having jurisdiction for
24 a temporary or permanent injunction restraining any person from
25 violating any provision of this act or any regulation adopted
26 under this act, regardless of whether there exists an adequate
27 remedy at law.
28 Section 22. The act is amended by adding a section to read:
29 Section 43. Disposition of Funds.
30 (a) Deposit of State Treasury.--Moneys received from
19960H2524B3361 - 30 -
1 registration fees, and when the proceeding is instituted by the
2 department, moneys received from fines and civil penalties shall
3 be paid into the State Treasury and shall be credited to the
4 general government appropriations of the Department of
5 Agriculture for administering the provisions of this act.
6 (b) Local share.--Notwithstanding subsection (a), if the
7 proceeding is instituted by a city or county which has entered
8 into a memorandum of understanding with the department to
9 enforce the provisions of this act, moneys received from fines
10 and civil penalties shall be paid to the city or county.
11 (c) Department of General Services.--Moneys received from
12 fees imposed and collected by the Department of General Services
13 for inspection and testing services provided by the State
14 Metrology Laboratory shall be paid into the State Treasury and
15 shall be credited to the general government appropriations of
16 the Department of General Services for the operation and
17 maintenance of the State Metrology Laboratory.
18 Section 23. Sections 38, 39, 40, 41 and 42 headings of the
19 act are amended to read:
20 Section [38] 44. Presumptive Evidence.[--]
21 * * *
22 Section [39] 45. Validity of Prosecutions.[--]
23 * * *
24 Section [40] 46. Severability Provision.[--]
25 * * *
26 Section [41] 47. Repeal of Conflicting Laws.[--]
27 * * *
28 Section [42] 48. Effective Date.[--]
29 * * *
30 Section 24. This act shall take effect in 60 days.
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