PRINTER'S NO. 482
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 20070H0418B0482 - 2 -
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 20070H0418B0482 - 3 -
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 20070H0418B0482 - 4 -
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 20070H0418B0482 - 5 -
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 20070H0418B0482 - 6 -
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 20070H0418B0482 - 7 -
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. B2L03SFL/20070H0418B0482 - 8 -