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                                                       PRINTER'S NO. 482

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 418 Session of 2007


        INTRODUCED BY MARKOSEK, CALTAGIRONE, DALEY, GEIST, GERGELY,
           HORNAMAN, KULA, MELIO, MURT, D. O'BRIEN, SIPTROTH, WALKO AND
           YOUNGBLOOD, FEBRUARY 13, 2007

        REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
           FEBRUARY 13, 2007

                                     AN ACT

     1  Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
     2     Statutes, further providing for general powers and duties
     3     relating to weights and measures, for investigations, for
     4     orders, for specific powers and duties, for local
     5     administration, for concurrent jurisdiction, for division of
     6     responsibilities, for enforcement and regulations, for
     7     offenses and penalties, for injunctions and for disposition
     8     of funds; and imposing duties on the Office of Attorney
     9     General.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Sections 4109, 4116, 4118(a) and (c), 4121(a),
    13  4122(b), 4124, 4125, 4150(a), 4176, 4179, 4183, 4191(b), 4192
    14  and 4193(a) and (b) of Title 3 of the Pennsylvania Consolidated
    15  Statutes are amended to read:
    16  § 4109.  General powers and duties [of department].
    17     (a)  Standards and records.--The State Metrology Laboratory
    18  shall have the custody of the State standards of weight and
    19  measure and of the other standards and equipment provided for by
    20  this chapter and shall keep accurate records of the same.


     1     (b)  Attorney General.--The [department] Attorney General
     2  shall enforce the provisions of this subchapter [and].
     3     (c)  Department.--The department shall keep a general
     4  supervision over the weights and measures offered for sale, sold
     5  or in use in this Commonwealth.
     6  § 4116.  Investigations.
     7     The department shall investigate complaints made to it
     8  concerning violations of the provisions of this subchapter and
     9  shall, upon its own initiative, conduct such investigations as
    10  it deems appropriate and advisable to develop information on
    11  prevailing procedures in commercial quantity determination and
    12  on possible violations of the provisions of this subchapter and
    13  to promote the general objective of accuracy in the
    14  determination and representation of quantity in commercial
    15  transactions. The department shall notify the Attorney General
    16  of the results of complaint investigations.
    17  § 4118.  Stop-use, stop-removal and removal orders.
    18     (a)  Orders.--The [department] Attorney General shall have
    19  the power to issue stop-use orders, stop-removal orders and
    20  removal orders with respect to weights and measures being
    21  commercially used and to issue stop-removal orders and removal
    22  orders with respect to packages or amounts of commodities kept,
    23  offered or exposed for sale, sold or in the process of delivery,
    24  whenever, in the course of the [department's] Attorney General's
    25  enforcement of the provisions of this subchapter, the
    26  [department] Attorney General deems it necessary or expedient to
    27  issue such orders.
    28     * * *
    29     (c)  Appeal.--Whenever an aggrieved person shall appeal or
    30  seek to enjoin enforcement of any order issued by the
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     1  [department] Attorney General pursuant to this section, such
     2  proceeding shall be brought in the court of common pleas of the
     3  judicial district in which the weight, measure or commodity was
     4  located at the time of the issuance of the [department's] order.
     5  § 4121.  Powers and duties of director and inspector.
     6     (a)  Powers and duties.--The powers and duties given to and
     7  imposed upon the department by sections 4111 (relating to
     8  testing and inspections of standards), 4112 (relating to general
     9  testing and inspections), 4115 (relating to training program),
    10  4116 (relating to investigations), 4117 (relating to inspection
    11  of packages), [4118 (relating to stop-use, stop-removal and
    12  removal orders),] 4119 (relating to disposition of correct and
    13  incorrect apparatus)[,] and 4120 (relating to police powers;
    14  right of entry and stoppage)[, 4124 (relating to concurrent
    15  jurisdiction) and 4192 (relating to temporary or permanent
    16  injunctions)] are hereby given to and imposed upon the director
    17  and inspector also when acting under the instructions and at the
    18  direction of the department.
    19     * * *
    20  § 4122.  City and county sealers and deputy sealers of weights
    21             and measures; appointment, powers and duties.
    22     * * *
    23     (b)  Powers and duties.--The sealer of a city or of a county
    24  and his deputy sealers, when acting under his instructions and
    25  at his direction, shall, but only to the extent delegated by the
    26  department pursuant to section [4121] 4121(b) (relating to
    27  powers and duties of director and inspector) and memorialized in
    28  a memorandum of understanding executed pursuant to section 4125
    29  (relating to division of responsibilities), have the same powers
    30  and shall perform the same duties within the city or the county
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     1  for which appointed as are granted to and imposed upon the
     2  director by sections 4112 (relating to general testing and
     3  inspections), 4116 (relating to investigations), 4117 (relating
     4  to inspection of packages), 4118 (relating to stop-use, stop-
     5  removal and removal orders), 4119 (relating to disposition of
     6  correct and incorrect apparatus), 4120 (relating to police
     7  powers; right of entry and stoppage) and 4192 (relating to
     8  temporary or permanent injunctions).
     9  § 4124.  Concurrent jurisdiction.
    10     In cities and counties to which a delegation of powers and
    11  duties has been effected pursuant to section 4121 (relating to
    12  powers and duties of director and inspector), the [department]
    13  Attorney General shall have concurrent authority to enforce the
    14  provisions of this chapter.
    15  § 4125.  Division of responsibilities.
    16     (a)  Agreements; local inspection.--The Attorney General and
    17  the department shall enter into memorandums of understanding
    18  with counties and with cities to which a delegation of powers
    19  and duties has been effected pursuant to section 4121 (relating
    20  to powers and duties of director and inspector) for a division
    21  of inspection responsibilities for the enforcement of this
    22  chapter and any rules, regulations and standards promulgated
    23  under this chapter, provided that such counties or cities
    24  satisfy the standards and requirements established by the
    25  [department] Attorney General to assure uniform Statewide
    26  enforcement of this chapter. Each memorandum of understanding
    27  shall be reviewed and updated annually and may be revoked in
    28  whole or in part by the Attorney General and the department in
    29  the event the Attorney General or the department determines that
    30  the city or county sealer enforcement program does not satisfy
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     1  the standards and requirements established by the Attorney
     2  General and the department as necessary to assure uniform
     3  Statewide enforcement of this chapter. In reaching agreements to
     4  enter into memorandums of understanding with counties and cities
     5  employing sealers of weights and measures, the provisions of
     6  this chapter and its regulations shall be considered as
     7  establishing uniform requirements, regulations and standards for
     8  weights and measures and weighing and measuring devices
     9  throughout this Commonwealth.
    10     (b)  Reports.--Each city and county sealer shall annually and
    11  at such other times as the Attorney General and the department
    12  may require submit to the Attorney General and the department a
    13  written report of the work performed by him, of the weights,
    14  measures and weighing and measuring devices inspected or tested
    15  by him and the results of such inspection or test, of all
    16  prosecutions instituted by him for violations of the provisions
    17  of this chapter and of all other matters and things pertaining
    18  to his duties or which may be required by the department.
    19  § 4150.  Enforcement and regulations.
    20     (a)  General rule.--The [director] Attorney General is
    21  authorized and directed to enforce the provisions of this
    22  subchapter [and]. The director is authorized and directed to
    23  adopt, with the approval of the department, such rules and
    24  regulations as are deemed necessary to carry out the provisions
    25  of this subchapter.
    26     * * *
    27  § 4176.  Rules and regulations.
    28     Rules and regulations for the carrying out [and enforcement]
    29  of the provisions of this subchapter, not inconsistent with the
    30  provisions thereof, shall be adopted by the department, which
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     1  rules and regulations shall include reasonable variations or
     2  tolerances which may be allowed on weights and measures and
     3  weighing and measuring devices included within the provisions of
     4  this subchapter, and also specifications for such weights and
     5  measures and weighing and measuring devices for the guidance of
     6  manufacturers in the design and construction of such weights and
     7  measures and weighing and measuring devices.
     8  § 4179.  Enforcement.
     9     It shall be the duty of the bureau and the sealers of weights
    10  and measures of the several counties and cities who shall find
    11  satisfactory evidence of any violation of the provisions of this
    12  subchapter to [cause] request the Attorney General to institute
    13  appropriate proceedings [to be commenced and prosecuted, without
    14  delay,] for the enforcement of the penalties as provided for in
    15  this chapter.
    16  § 4183.  Enforcement of chapter[, rules and regulations].
    17     [(a)  Duties.--]It shall be the duty of the [department and
    18  the sealers of weights and measures] Attorney General and the
    19  district attorneys of the several counties and cities to enforce
    20  the provisions of this subchapter.
    21     [(b)  Regulations.--The department shall have power to adopt
    22  and promulgate such rules and regulations not inconsistent with
    23  the provisions of this subchapter as may be deemed necessary to
    24  carry into effect the intent and purpose of this subchapter.]
    25  § 4191.  Offenses and penalties.
    26     * * *
    27     (b)  Civil penalties.--In addition to proceeding under any
    28  other remedy available at law or in equity for a violation of a
    29  provision of this chapter or a rule or regulation adopted or any
    30  order issued under this chapter, the [department] Attorney
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     1  General may assess a civil penalty not to exceed $10,000 upon an
     2  individual or business for each offense. No civil penalty shall
     3  be assessed unless the person charged has been given notice and
     4  opportunity for a hearing in accordance with law. In determining
     5  the amount of the civil penalty, the [department] Attorney
     6  General shall consider the gravity of the violation. Whenever
     7  the [department] Attorney General finds a violation which did
     8  not cause harm to the public interest, the [department] Attorney
     9  General may issue a warning in lieu of assessing a penalty. [In
    10  case of inability to collect the civil penalty or failure of any
    11  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     * * *
    16  § 4192.  Temporary or permanent injunctions.
    17     In addition to any other remedies provided in this chapter,
    18  the [department] Attorney General may apply to the Commonwealth
    19  Court or to any other court having jurisdiction for a temporary
    20  or permanent injunction restraining a person from violating any
    21  provision of this chapter or any regulation adopted under this
    22  chapter, regardless of whether there exists an adequate remedy
    23  at law.
    24  § 4193.  Disposition of funds.
    25     (a)  Deposit in State Treasury.--When the proceeding is
    26  instituted by the [department] Attorney General, moneys received
    27  from fines and civil penalties shall be paid into the State
    28  Treasury [and]. Half of the moneys shall be credited to the
    29  general government appropriations of the [Department of
    30  Agriculture] department for administering the provisions of this
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     1  chapter, and half of the moneys shall be credited to the General
     2  Fund.
     3     (b)  Local share.--Notwithstanding subsection (a), if the
     4  proceeding is instituted by a city or county which has entered
     5  into a memorandum of understanding with the Attorney General and
     6  the department to enforce the provisions of this chapter, moneys
     7  received from fines and civil penalties shall be paid to the
     8  city or county.
     9     * * *
    10     Section 2.  This act shall take effect in 60 days.














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