THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

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

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, in weights and measures, further providing for

definitions, for specific powers and duties of department and

regulations, for general testing and inspections and for

prohibited acts; abrogating regulations; and making an

inconsistent repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "Certified Examiner of Weights

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

Consolidated Statutes is amended to read:

§ 4102.  Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

* * *

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

who has successfully completed the training course or courses

prescribed by the National Institute of Standards and Technology

and who complies with certification standards promulgated under

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

department; regulations).]

* * *

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

3 are amended to read:

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

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

time regulations for the enforcement and administration of this

subchapter, which regulations, upon being promulgated pursuant

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

regulations may include:

* * *

[(4)  Institution of a program containing standards

whereby individuals shall be department-certified as

Certified Examiners of Weights and Measures. Certification

under such program may be for a given category or categories

of measuring or weighing devices or for a particular type of

device. The department shall certify only such individuals

who successfully complete the appropriate training course or

courses prescribed by the National Institute of Standards and

Technology for the type of certification sought and who

comply with departmental certification standards promulgated

under this paragraph. Any program instituted under this

paragraph shall include testing and inspection performance

standards, reporting procedures, random inspection and

testing by State inspectors of weights and measures of a

sample of devices inspected and tested by Certified Examiners

of Weights and Measures and any other type of standards or

procedures the department deems necessary to implement the

program.]

* * *

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

effective date of this subsection, the department shall submit a

report to the Agriculture and Rural Affairs Committee of the

Senate and the Agriculture and Rural Affairs Committee of the

House of Representatives which shall describe all relevant

activities of State inspectors of weights and measures[,

Certified Examiners of Weights and Measures] and city and county

sealers of weights and measures for the preceding calendar year.

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

(1)  An identification of the regions of this

Commonwealth served by State inspectors and city and county

sealers of weights and measures and the number of such

inspectors and city and county sealers of weights and

measures in each region.

(2)  The number of inspections made by each State

inspector[, Certified Examiners of Weights and Measures] and

city and county sealers of weights and measures.

(3)  The number and nature of enforcement actions

initiated by each State inspector and city and county sealers

of weights and measures.

(4)  The disposition of each enforcement action,

including the number and nature of warnings issued by each

State inspector and city and county sealers of weights and

measures.

§ 4112.  General testing and inspections.

* * *

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

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

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

that all commercially used small capacity retail computing

scales, retail package shipping scales, vehicle scales, small

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

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

compressed natural gas meters and retail motor fuel dispensers

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

department may accept reports of Certified Examiners of Weights

and Measures as sufficient to meet the inspection and testing

requirements of this subsection, provided such inspection and

testing is performed in accordance with all applicable standards

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

specific powers and duties of department; regulations), provided

that State inspectors of weights and measures shall conduct

inspection and testing of a sample of devices inspected and

tested by Certified Examiners of Weights and Measures.]

* * *

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

subsection to read:

§ 4142.  Prohibited acts.

* * *

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

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

devices), the Commonwealth shall not contract with a

nongovernmental entity to fulfill its obligations under this

chapter.

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

Certified Examiners of Weights and Measures) are abrogated.

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

as they are inconsistent with this act.

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