Regular Session 2017-2018 House Bill 1671 P.N. 2240

PRINTER'S NO. 2240

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1671

Session of

2017

INTRODUCED BY P. COSTA, D. COSTA, DeLUCA AND PASHINSKI,

JULY 21, 2017

REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,

JULY 21, 2017

AN ACT

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated

Statutes, in weights and measures, further providing for

definitions, for office and working standards and equipment,

for specific powers and duties of department and regulations,

for testing and inspections of standards, for general testing

and inspections, for registration and report of inspection

and testing of weighing and measuring devices used for

commercial purposes, for police powers, right of entry and

stoppage, for powers and duties of director and inspector,

for city and county sealers and deputy sealers of weights and

measures, appointment and powers and duties, for method of

sale of commodities, for butter, oleomargarine and margarine,

for fluid dairy products, for flour, cornmeal and hominy

grits, for licenses, for weighmasters' certificates, for

preparation of weighmaster's certificate, for scale

requirement, for disposition of copies of certificates, for

suspension of revocation of licenses, for sales by weight,

for meter required, for investigations and for disposition of

funds, providing for interim procedures and establishing the

Weights and Measures Restricted Account.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition 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:

* * *

"Weights and measures." All weights and measures of every

kind, instruments and devices for weighing and measuring and any

appliances and accessories associated with any or all such

instruments and devices. The term shall include, but not be

limited to, the following: parking meters, postal scales and

other scales used to determine shipping charges, pill counters,

coin-operated person weighers, coin-operated air dispensers and

coin-operated axle and vehicle scales. The term shall also

include commercial Price Look Up (PLU) devices and Universal

Product Code (UPC) scanning systems in [food establishments

required to be licensed in accordance with the act of July 7,

1994 (P.L.421, No.70), known as the Food Act.] a retail food

facility required to be licensed or registered under Chapter 57

(relating to food protection). The term shall not be construed

to include portable scales used to determine compliance with 75

Pa.C.S. Ch. 49 (relating to size, weight and load), meters for

the measurement of electricity, gas, natural or manufactured,

steam, coolant or water or the counting or timing of telephone

calls when the same are operated in a public utility system or

taxi meters. Such portable scales, electricity, gas, steam,

coolant, water and telephone meters and taxi meters are hereby

specifically excluded from the purview of this chapter, and none

of the provisions of this chapter shall be construed to apply to

such meters or to any appliances or accessories associated

therewith.

Section 2. Sections 4107, 4110(a)(4), 4111, 4112(b) and (d),

20170HB1671PN2240 - 2 -

4114, 4120, 4121 and 4122(b) of Title 3 are amended to read:

§ 4107. Office and working standards and equipment.

In addition to the State standards provided for in section

4106 (relating to State standards of weight and measure), there

shall be supplied by the Commonwealth at least one complete set

of copies of the State standards to be kept in the office or

laboratory of the bureau and to be known as "office standards"

and also such "field standards" and such equipment as may be

found necessary to carry out the provisions of this chapter. The

office standards and field standards shall be verified upon

their initial receipt and[, at least once each year] thereafter,

in accordance with a verification schedule published by the

department as a notice in the Pennsylvania Bulletin, the office

standards by direct comparison with the State standards and the

field standards by comparison with the office standards.

§ 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 [except for commercially used truck-mounted fuel oil

meters and retail motor fuel dispensers]. The department

shall certify only such individuals who:

20170HB1671PN2240 - 3 -

(i) 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; and

(ii) are not the owner or lessee of the devices

tested and inspected or an employee or agent of the owner

or lessee of the devices tested and inspected.

Any program instituted under this paragraph shall include

testing and inspection performance standards, reporting

procedures, random inspection and testing by inspectors 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. A Certified Examiner of Weights and Measures may not

conduct inspections of weights and measures that are subject

to inspection and enforcement by a local government unit

under a memorandum of understanding as described under

section 4125 (relating to division of responsibilities)

unless the memorandum of understanding so provides or the

Certified Examiner of Weights and Measures obtains the

written permission of the local government unit to conduct

the inspections.

* * *

§ 4111. Testing and inspections of standards.

(a) City and county standards.--The State Metrology

Laboratory at least once every five years shall test the

standards of weight and measure procured by any city or county

for which a sealer of weights and measures has been appointed,

shall approve the same when found to be correct and shall

20170HB1671PN2240 - 4 -

inspect such standards at least once every two years.

(b) Office standards, field standards and departmental

equipment.--The State Metrology Laboratory shall inspect and

certify the accuracy of the office standards and field standards

described under section 4107 (relating to office and working

standards and equipment) and of the equipment used by the

department to carry out the provisions of this chapter.

§ 4112. General testing and inspections.

* * *

(b) Inspections.--Notwithstanding subsection (a), it shall

be the duty of the department at intervals not greater than 18

months, or less frequently if in accordance with a schedule

issued by the department or more frequently if deemed necessary,

to assure that all commercially used vehicle scales, 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 regulations promulgated under section

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

department; regulations), provided such inspection and testing

is performed in accordance with all applicable standards and

procedures adopted under section 4110(a)(4), provided that

inspectors shall conduct inspection and testing of a sample of

devices inspected and tested by Certified Examiners of Weights

and Measures.

* * *

(d) [Interim procedures.--In order to facilitate the speedy

implementation of subsection (c), the department shall

20170HB1671PN2240 - 5 -

promulgate, adopt and use guidelines to provide for the

certification of individuals to test and inspect all

commercially used Universal Product Code scanning systems and

Price Look Up devices. The guidelines shall be published in the

Pennsylvania Bulletin. The guidelines shall not be subject to

review pursuant to section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth Documents

Law, and sections 204(b) and 301(10) of the act of October 15,

1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,

or the act of June 25, 1982 (P.L.633, No.181), known as the

Regulatory Review Act, and shall be effective for a period of

not more than two years. After the expiration of the two-year

period, the guidelines shall expire and shall be replaced by

regulations which shall be promulgated, adopted and published as

provided by law. Nothing in this chapter shall be construed to

relieve the department of the responsibility, prior to June 30,

1999, to conduct tests and inspections of all commercially used

Universal Product Code scanning systems and Price Look Up

devices on a periodic basis and in response to complaints and to

initiate appropriate enforcement actions.] (Reserved).

§ 4114. Registration and report of inspection and testing of

weighing and measuring devices used for commercial

purposes.

(a) General rule.--The department shall establish, by

regulation, a program requiring the registration and reporting

of inspection and testing of weighing and measuring devices

which are required to be tested and inspected [on an annual

basis] in accordance with section 4112 (relating to general

testing and inspections). A food establishment shall register

its weighing and measuring devices at the same time it submits

20170HB1671PN2240 - 6 -

its annual registration under [the act of July 7, 1994 (P.L.421,

No.70), known as the Food Act. A public eating and drinking

place shall register its weighing and measuring devices at the

same time it submits its annual license fee under the act of May

23, 1945 (P.L.926, No.369), referred to as the Public Eating and

Drinking Place Law.] Subchapter B of Chapter 57 (relating to

food safety). A retail food facility that is required to be

licensed under Subchapter A of Chapter 57 (relating to retail

food facility safety) shall register its weighing and measuring

devices at the same time that it submits its annual license fee.

A commercial feed facility shall register its weighing and

measuring devices at the same time it submits its annual license

fee under section 5103 (relating to licensing). The department

shall exempt from the registration requirement of this section

any establishment engaged in the retail sale of gasoline for use

in the fuel supply tanks of motor vehicles which is required to

obtain an annual liquid fuels permit from the Department of

Revenue in accordance with the act of May 21, 1931 (P.L.149,

No.105), known as The Liquid Fuels Tax Act. The department shall

enter into a memorandum of understanding with the Department of

Revenue which shall specify procedures for the collection of

data relating to establishments engaged in the retail sale of

gasoline. [Nothing in this section shall be construed to

authorize the department to impose a fee for the registration of

any weighing and measuring device.]

(b) Registration fees for certain weights and measures.--The

department may establish, by regulation, fees for the

registration of weighing and measuring devices described under

subsection (a). The regulation may exempt weighing and measuring

devices that are inspected by Certified Examiners of Weights and

20170HB1671PN2240 - 7 -

Measures from all or part of the registration fee.

§ 4120. [Police powers; right of entry and stoppage.

(a) Seizure without warrant.--With respect to the

enforcement of this chapter and any other acts dealing with

weights and measures, the department may seize for use as

evidence without formal warrant, incorrect or unsealed weights

and measures or amounts or packages of commodity found, prior to

seizure, to be used, retained, offered or exposed for sale or

sold in violation of law.

(b) Compliance.--In exercising its powers under section 4112

(relating to general testing and inspections) or 4116 (relating

to investigations), the department is authorized to enter and go

into or upon, without formal warrant, any structure, vehicle or

premises and to stop any person whosoever and to require him to

proceed with or without any vehicle of which he may be in charge

to the nearest available testing apparatus tested and approved

by the department, a city or a county.

of commodities as stated in the National Institute of Standards

and Technology Handbook 130, except insofar as specifically

modified, amended or rejected by a regulation issued by the

department.] (Reserved).

§ 4121. Powers and duties of director and inspector.

(a) Powers and duties.--The powers and duties given to and

imposed upon the department by sections 4111 (relating to

testing and inspections of standards), 4112 (relating to general

testing and inspections), 4115 (relating to training program),

4116 (relating to investigations), 4117 (relating to inspection

of packages), 4118 (relating to stop-use, stop-removal and

removal orders), 4119 (relating to disposition of correct and

20170HB1671PN2240 - 8 -

incorrect apparatus), [4120 (relating to police powers; right of

entry and stoppage),] 4124 (relating to concurrent jurisdiction)

and 4192 (relating to temporary or permanent injunctions) are

hereby given to and imposed upon the director and inspector also

when acting under the instructions and at the direction of the

department.

(b) Delegation of powers and duties.--

(1) The department may delegate to city and county

sealers appointed pursuant to the provisions of section 4122

(relating to city and county sealers and deputy sealers of

weights and measures; appointment, powers and duties) the

powers and duties, or any portion thereof, given to and

imposed upon it by sections 4112, 4116, 4117, 4118, 4119[,

4120] and 4192, provided that the division of inspection

responsibilities and other conditions of such delegation are

fully delineated as part of the memorandum of understanding

required pursuant to section 4125 (relating to division of

responsibilities). A city or county to which a delegation is

made may charge the owners of weights and measures delineated

in the memorandum of understanding reasonable registration

fees, license fees or inspection fees for the time during

which the delegation remains in effect.

(2) If an entity to which the department has delegated

powers and duties under paragraph (1) elects to surrender a

portion of the delegation, the entity shall do all of the

following:

(i) At least six months prior to the surrender date,

provide the department with advance written notice of the

surrender date and the specific powers and duties to be

surrendered as of that date.

20170HB1671PN2240 - 9 -

(ii) At least two months prior to the surrender

date, provide the department with a comprehensive roster

of all the weights and measures with respect to which the

entity is surrendering powers and duties to the

department, containing the same information and in the

same format in which the surrendering jurisdiction

maintains these records or in another format that is

acceptable to both the department and the surrendering

jurisdiction.

(iii) Effective on or before the surrender date,

terminate the weights and measures registration fee,

license fee or inspection fee that the surrendering

jurisdiction charges with respect to weights and measures

identified in the roster described in subparagraph (ii).

(iv) Within 30 days following the surrender date,

pay the department a sum equal to the sum of any weights

and measures registration fee, license fee or inspection

fee received by or due to the surrendering jurisdiction

and covering any period that extends beyond the surrender

date, prorated so that the department receives that

portion of the fee that is applicable to the period

beyond the surrender date.

(v) Provide reasonable assistance to the department

as necessary to efficiently transfer the surrendered

powers and duties to the department.

(3) If an entity to which the department has delegated

powers and duties under paragraph (1) elects to surrender a

portion of that delegation and does not comply with all the

requirements of paragraph (2)(i), (ii), (iii), (iv) and (v),

the department shall not assume these powers and duties.

20170HB1671PN2240 - 10 -

§ 4122. City and county sealers and deputy sealers of weights

and measures; appointment, powers and duties.

* * *

(b) Powers and duties.--The sealer of a city or of a county

and his deputy sealers, when acting under his instructions and

at his direction, shall, but only to the extent delegated by the

department pursuant to section 4121 (relating to powers and

duties of director and inspector) and memorialized in a

memorandum of understanding executed pursuant to section 4125

(relating to division of responsibilities), have the same powers

and shall perform the same duties within the city or the county

for which appointed as are granted to and imposed upon the

director by sections 4112 (relating to general testing and

inspections), 4116 (relating to investigations), 4117 (relating

to inspection of packages), 4118 (relating to stop-use, stop-

removal and removal orders), 4119 (relating to disposition of

correct and incorrect apparatus)[, 4120 (relating to police

powers; right of entry and stoppage)] and 4192 (relating to

temporary or permanent injunctions).

Section 3. Section 4127 of Title 3 is amended by adding a

subsection to read:

§ 4127. Method of sale of commodities.

* * *

(a.1) Method.--The department shall utilize the method of

sale of commodities as stated in the National Institute of

Standards and Technology Handbook 130, except insofar as

specifically modified, amended or rejected by this chapter or by

regulation issued by the department.

* * *

Section 4. Sections 4135, 4136, 4137, 4151(c) and (e), 4152,

20170HB1671PN2240 - 11 -

4153, 4155, 4156, 4158, 4160, 4180(a), 4187.6(a) and 4193 of

Title 3 are amended to read:

§ 4135. [Butter, oleomargarine and margarine.

Butter, oleomargarine and margarine shall be offered and

exposed for sale and sold by weight and only in units of one-

quarter pound, one-half pound or one pound. Butter may be sold

in multiples of one pound. Tub butter packaged on the premises

where sold and in advance of sale may be sold in random

weights.] (Reserved).

§ 4136. [Fluid dairy products.

(a) Quantities.--All fluid dairy products, including, but

not limited to, whole milk, skimmed milk, cultured milk, sweet

cream, sour cream and buttermilk, shall be packaged for retail

sale only in units of one gill, one-half liquid pint, ten fluid

ounces, 12 fluid ounces, one liquid pint, one-third liquid

quart, one liquid quart or multiples of one liquid quart, one-

half gallon, one gallon or multiples of one gallon.

(b) Small packages.--Packages in units of less than one gill

shall be permitted.

products shall only be units of 125 milliliters, 250

milliliters, 500 milliliters, 1 liter or multiples of 1 liter.]

(Reserved).

§ 4137. [Flour, cornmeal and hominy grits.

(a) Increments of weight.--When in package form and when

packed, kept, offered or exposed for sale or sold, wheat flour,

whole wheat flour, graham flour, self-rising wheat flour,

phosphated wheat flour, bromated flour, enriched flour, enriched

self-rising flour, enriched bromated flour, corn flour, cornmeal

and hominy grits shall be packaged only in units of 3, 5, 10,

20170HB1671PN2240 - 12 -

25, 50 or 100 pounds of avoirdupois weight.

(b) Small packages.--Packages in units of less than three

pounds or more than 100 pounds shall be permitted.] (Reserved).

§ 4151. Licenses.

* * *

license fee of $60[, which] or a greater fee amount established

by the department through notice published in the Pennsylvania

Bulletin. The notice shall be published at intervals of no less

than two years. License fees shall be remitted to the State

Treasurer through the Department of Revenue for deposit in the

Weights and Measures Restricted Account. The license shall be

for a period of two years from the date of issue. A license may

be renewed at the discretion of the department for successive

periods of not more than two years upon payment to the

department of a license fee of $60, which shall be remitted to

the State Treasurer through the Department of Revenue, for

deposit in the Weights and Measures Restricted Account.

* * *

(e) Suspension or revocation.--After [a hearing and upon due

notice to the licensee] providing the licensee with notice and

an opportunity for a hearing, a license may be suspended or

revoked by the department for dishonesty, incompetency,

inaccuracy or failure to notify the department of any change of

name or address stated in the application, and a license may be

revoked by the department without hearing if the licensed

weighmaster has been found guilty of any violation of the

provisions of this subchapter or if the licensed weighmaster has

ceased to be employed at the places of weighing for which the

license has been issued.

20170HB1671PN2240 - 13 -

* * *

§ 4152. Weighmasters' certificates.

The original weighmaster's certificate shall be typewritten

or made out in ink or indelible pencil, and the original and

each copy of the certificate shall show all of the following:

(1) The kind and size of the commodity.

(2) The name and address of the seller or a vendor

number or other unique identifier by which the weighmaster

can identify the name and address of the seller.

(3) The name and address of the purchaser or a vendor

number or other unique identifier by which the weighmaster

can identify the name and address of the purchaser.

(4) The license number of the vehicle and trailer or

other means of permanent identification.

(5) The signature and license number of the licensed

weighmaster who weighed the commodity and who issued the

weighmaster's certificate.

(6) The date and hour when weighed.

(7) The gross weight in avoirdupois pounds of the

vehicle and the load, the tare weight and net weight of the

commodity, and, where the load is divided into lots, the net

weight of each lot. All the information under the paragraph

must be determined by the same weighmaster in accordance with

the rules and regulations of the department.

(8) A sequential serial number.

§ 4153. Preparation of weighmaster's certificate.

(a) General rule.--A licensed public weighmaster shall not

enter on a weighmaster's certificate issued by the weighmaster

any weight values which the weighmaster has not personally

determined, and the weighmaster shall make no entries on a

20170HB1671PN2240 - 14 -

weighmaster's certificate issued by another person. A

weighmaster's certificate shall be so prepared as to show

clearly what weight or weights were actually determined. If the

certificate form provides for the entry of gross, tare and net

weights in any case in which only the gross, the tare or the net

weight is determined by the weighmaster, he shall strike through

or otherwise cancel the printed entries for the weights not

determined or computed. If gross and tare weights are shown on a

weighmaster's certificate and both of these were not determined

on the same scale and on the day for which the certificate is

dated, the weighmaster shall identify on the certificate the

scale used for determining each weight and the date of each

determination.

(b) Weight values.--For purposes of subsection (a), weight

values entered on a weighmaster's certificate are personally

determined by the licensed public weighmaster if the licensed

public weighmaster:

(1) is physically present at the weighing or is viewing

the weighing in real time by electronic means;

(2) can view the referenced weight values on the scale

or weighing device during the weighing; and

(3) can prevent the electronic issuance of the

weighmaster's certificate if the weighmaster's certificate is

generated by electronic means.

§ 4155. Scale requirement.

A licensed public weighmaster [shall not use a scale to weigh

a load which exceeds the normal or rated capacity of the scale,

nor shall the public weighmaster engage in multiple-draft

weighing where the vehicle exceeds the length of the scale.] may

not:

20170HB1671PN2240 - 15 -

(1) use a scale to weigh a load which exceeds the normal

or rated capacity of the scale; or

(2) engage in multiple-draft weighing where the vehicle

exceeds the length of the scale, unless the multiple-draft

weighing is allowed as an exception under the National

Institute of Standards and Technology Handbook 44.

§ 4156. Disposition of copies of certificates.

The original copy of a weighmaster's certificate shall be

delivered to the purchaser of the commodity specified in the

certificate at the time of delivery. One copy of the certificate

shall be retained at the place of weighing, and one copy may be

retained by the business selling or delivering the commodity.

Copies of weighmasters' certificates in possession of licensed

weighmasters shall be retained for a period of two years and,

during business hours, shall be subject to inspection or

subpoena for use as evidence by any State, county or city

inspector of weights and measures. A licensed public weighmaster

may retain weighmasters' certificates in electronic format if

the licensed public weighmaster can immediately produce the

certificates in paper format for the referenced inspection.

§ 4158. Suspension or revocation of licenses.

[(a) Authorization.--]The department is authorized to

suspend or revoke the license of any licensed public

weighmaster:

(1) when it is satisfied, after [a hearing, upon ten

days' notice to the licensee,] providing the licensee with

notice and an opportunity for a hearing, that the licensee

has violated any provision of this subchapter or of any valid

regulation of the department affecting licensed public

weighmasters; or

20170HB1671PN2240 - 16 -

(2) when a licensed public weighmaster has been

convicted in any court of competent jurisdiction of violating

any provision of this subchapter or any regulation issued

under authority of this subchapter.

[(b) Petition for hearing de novo.--Any licensee whose

license is suspended or revoked may, within 30 days after notice

of the suspension or revocation, file a petition in the

Commonwealth Court for a hearing de novo to determine whether

the action of the department is lawful and reasonable. The court

shall hear the petition and may make any appropriate order or

decree.]

§ 4160. Sales by weight.

Any commodity that is weighed for commercial purposes shall

be duly weighed by a licensed weighmaster of this Commonwealth

on accurate scales which are suitable for weighing the tare and

gross weight of the vehicle or vehicle and trailer transporting

the commodity and which are located in this Commonwealth and

have been tested and approved by an official empowered by law to

test the scales. Weighing shall be done by a licensed

weighmaster at the time of sale or delivery.

§ 4180. Meter required.

(a) Metered vehicle.--No person shall deliver light fuel

oils to any domestic consumer unless the vehicle by which such

light fuel oils are delivered is equipped with a meter of a type

capable of furnishing a printed delivery ticket approved under

provisions of Subchapter D (relating to device type approval).

Each meter-printed delivery ticket shall bear a printed

nonrepetitive serial number. All deliveries of light fuel oil to

such consumers shall be made by the use of a meter and a meter-

printed delivery ticket rendered the customer at the time of

20170HB1671PN2240 - 17 -

delivery or [with the invoice] as otherwise specified in writing

by the customer. The seller or deliverer shall maintain the

receipts for two years in an orderly and retrievable manner.

* * *

§ 4187.6. Investigations.

(a) General rule.--The department may conduct investigations

to determine compliance with this subchapter. Investigations

shall be conducted in accordance with [sections] section 4116

(relating to investigations) [and 4120 (relating to police

powers; right of entry and stoppage)]. Inspections may be

performed during normal business hours and may include the

collection and removal of samples for laboratory testing if the

quality or reliability of the automotive fuel is questioned.

* * *

§ 4193. [Disposition of funds] Weights and Measures Restricted

Account and disposition and appropriation of funds.

[(a) Deposit in State Treasury.--When the proceeding is

instituted by the department, moneys received from fines and

civil penalties shall be paid into the State Treasury and shall

be credited to the general government appropriations of the

Department of Agriculture for administering the provisions of

this chapter.]

(a) Weights and Measures Restricted Account.--

(1) The Weights and Measures Restricted Account is

established.

(2) All money paid into the State Treasury under the

provisions of this chapter shall be paid into the account.

(3) Any interest accrued on the money in the account

shall be credited to the account for the purpose of meeting

the requirements under this chapter.

20170HB1671PN2240 - 18 -

(a.1) Appropriation.--The General Assembly shall appropriate

as much money and interest from the account as necessary to pay

all or part of the costs associated with the following:

(1) The salaries of the employees of the department in

administering the duties under this chapter.

(2) The expenses of the secretary and the department,

including equipment and training expenses, in administering

the duties under this chapter.

(a.2) Deposit in account.--When the proceeding is instituted

by the department, money received from fines and civil penalties

shall be paid into the account for the use of the department in

administering the provisions under this chapter.

(b) Local share.--Notwithstanding subsection [(a)] (a.2), if

the proceeding is instituted by a city or county which has

entered into a memorandum of understanding with the department

to enforce the provisions of this chapter, moneys received from

fines and civil penalties shall be paid to the city or county.

from fees imposed and collected by the Department of General

Services for inspection and testing services provided by the

State Metrology Laboratory shall be paid into the State Treasury

and shall be credited to the general government appropriations

of the Department of General Services for the operation and

maintenance of the State Metrology Laboratory.

(d) Definitions.--As used in this section, the following

words and phrases shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Account." The Weights and Measures Restricted Account

established under subsection (a).

Section 5. Title 3 is amended by adding a section to read:

20170HB1671PN2240 - 19 -

§ 4195. Interim procedures.

The department may promulgate, adopt and use guidelines to

facilitate the speedy implementation of the provisions under

this chapter. The guidelines:

(1) Shall be published in the Pennsylvania Bulletin.

(2) Shall not be subject to review under any of the

following:

(i) Section 205 of the act of July 31, 1968

(P.L.769, No.240), referred to as the Commonwealth

Documents Law.

(ii) Section 204(b) or 301(10) of the act of October

15, 1980 (P.L.250, No.164), known as the Commonwealth

Attorneys Act.

(iii) The act of June 25, 1982 (P.L.633, No.181),

known as the Regulatory Review Act.

(3) Shall be effective for a period of not more than two

years. After the expiration of the two-year period, the

guidelines shall expire and be replaced by regulations which

shall be promulgated, adopted and published as provided by

law.

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

20170HB1671PN2240 - 20 -