TITLE 70 WEIGHTS, MEASURES AND STANDARDS...The provisions of this Chapter 2 issued under the...

TITLE 70

WEIGHTS, MEASURES AND STANDARDS

PART I. WeighmastersChapter 1. [Reserved]Chapter 2. General ProvisionsChapter 3. [Reserved]Chapter 4. Certified Examiners of Weights and MeasuresChapter 5. UPC Scanning Systems and PLU DevicesChapter 6. Registration of Sellers, Installers and Repairers of Weighing

and Measuring DevicesChapter 7. Registration and Report of Inspection of Commercial Weigh-

ing and Measuring DevicesChapter 8. Training Program for Inspectors and SealersChapter 9. WeighmastersChapter 10. Device Type Approval

PART II. Packaging and LabelingChapter 21. General ProvisionsChapter 23. Consumer Packages, Commodities and ContainersChapter 25. Nonconsumer ItemsChapter 27. Exemptions and Variations

PART III. Inspections and DevicesChapter 29. [Reserved]Chapter 31. [Reserved]Chapter 33. Automatic Temperature CompensatorsChapter 35. [Reserved]Chapter 37. Precious MetalsChapter 39. [Reserved]

PART IV. On-Farm-Produced Denatured Ethyl AlcoholChapter 101. General Provisions

PART V. State Metrology LaroratoryChapter 110. General Provisions

Cross References

This title cited in 25 Pa. Code § 295.214 (relating to measuring waste); and 25 Pa. Code § 297.214(relating to measuring waste).

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PART I. WEIGHMASTERS

Chap. Sec.1. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.12. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.13. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.14. CERTIFIED EXAMINERS OF WEIGHTS AND MEASURES . . . . . . . . 4.15. UPC SCANNING SYSTEMS AND PLU DEVICES . . . . . . . . . . . . . . . . . . 5.16. REGISTRATION OF SELLERS, INSTALLERS AND REPAIRERS

OF WEIGHING AND MEASURING DEVICES . . . . . . . . . . . . . . . . . . . . 6.17. REGISTRATION AND REPORT OF INSPECTION OF

COMMERCIAL WEIGHING AND MEASURING DEVICES . . . . . . . . . 7.18. TRAINING PROGRAM FOR INSPECTORS AND SEALERS . . . . . . . . 8.19. WEIGHMASTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9.110. DEVICE TYPE APPROVAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.1

Cross References

This part cited in 25 Pa. Code § 273.214 (relating to measurement and inspection of waste); 25Pa. Code § 277.214 (relating to measurement and inspection of waste); 25 Pa. Code § 279.214(relating to measurement and inspection of waste); 25 Pa. Code § 281.214 (relating to measurementand inspection of waste); 25 Pa. Code § 283.214 (relating to measurement and inspection of waste);25 Pa. Code § 288.214 (relating to measurement and inspection of waste); 25 Pa. Code § 289.224(relating to measurement and inspection of waste); 25 Pa. Code § 293.214 (relating to measuringwaste); 25 Pa. Code § 295.214 (relating to measurement and inspection of waste); and 25 Pa. Code§ 297.214 (relating to measurement and inspection of waste).

CHAPTER 1. [Reserved]

§ 1.1. [Reserved].

Source

The provisions of this § 1.1 adopted June 24, 1941; reserved May 7, 1999, effective May 8, 1999,29 Pa.B. 2460. Immediately preceding text apepars at serial pages (244724) to (244725).

§§ 1.11—1.14. [Reserved].

Source

The provisions of these §§ 1.11—1.14 adopted June 24, 1941; reserved May 7, 1999, effectiveMay 8, 1999, 29 Pa.B. 2640. Immediately preceding text appears at serial pages (244725) to(244727).

§ 1.21. [Reserved].

Source

The provisions of this § 1.21 adopted June 24, 1941; reserved May 7, 1999, effective May 8, 1999,29 Pa.B. 2460. Immediately preceding text appears at serial page (244728).

70 § 1.1 GENERAL Pt. I

1-2(314880) No. 374 Jan. 06 Copyright � 2006 Commonwealth of Pennsylvania

§§ 1.31—1.33. [Reserved].

Source

The provisions of these §§ 1.31—1.33 adopted June 24, 1941; reserved May 7, 1999, effectiveMay 8, 1999, 29 Pa.B. 2460. Immediately preceding text appears at serial pages (244728) to(244729).


Source

The provisions of this § 1.41 adopted May 15, 1942; reserved May 7, 1999, effective May 8, 1999,29 Pa.B. 2460. Immediately preceding text appears at serial page (244730).

Ch. 1 SOLID FUEL 70 §§ 1.31—1.33

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CHAPTER 2. GENERAL PROVISIONS

Sec.2.1. Definitions.2.2. Contacting the Department.

Authority

The provisions of this Chapter 2 issued under the Consolidated Weights and Measures Act, 3Pa.C.S. §§ 4104—4194, unless otherwise noted.

Source

The provisions of this Chapter 2 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460,unless otherwise noted.

§ 2.1. Definitions.The following word and terms, when used in this title, have the following

meanings, unless the context clearly indicates otherwise:ASTM—The American Society of Testing and Measurement.Act—The Consolidated Weights and Measures Act, 3 Pa.C.S. §§ 4101—

4194.Bureau—The Bureau of Ride and Measurement Standards in the Depart-

ment.CEWM—Certified Examiner of Weights and Measures—An individual who

has successfully completed the training courses prescribed by NIST andapproved by the Department in accordance with § 4.6 (relating to trainingcourses), and who holds a current certificate issued by the Department inaccordance with the certification standards in this chapter.

CEWM certificate—A document issued by the Department to a particularperson to evidence that the named individual is a CEWM.

Certified UPC/PLU inspector—An individual who is certified by the Depart-ment as meeting the training and application requirements of Chapter 5 (relat-ing to UPC scanning systems and PLU devices) and who is lawfully qualifiedto inspect UPC scanning systems and PLU devices for purposes of the testingand inspections required under section 4112(c) of the act (relating to generaltesting and inspections).

Commodity—Anything such as goods, wares, merchandise, compound mix-ture or preparation, products of manufacture or tangible personal propertywhich may be lawfully kept, sold or offered for sale or a product being trans-ported by vehicle and sold or priced by weight, or a service priced by weight.

Commodity in package form—(i) A commodity put up or packaged in any manner in advance of sale

in units suitable for either wholesale or retail sale exclusive of auxiliaryshipping container enclosing packages that individually conform to therequirements of the act.

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(ii) An individual item or lot of any commodity not in package form buton which there is a marked selling price based on an established price perunit of weight or measure will be construed to be a commodity in packageform.Consumer package or package of consumer commodity—A commodity in

package form that is customarily produced or distributed for sale through retailsales agencies or instrumentalities for consumption by individuals, or use byindividuals for the purposes of personal care or in the performance of servicesordinarily rendered in or about the household or in connection with personalpossessions and which usually is consumed or expended in the course of con-sumption or use.

Commercial feed facility—Each separate mill or plant, whether fixed ormobile, or distributor of commercial feed or customer-formula feed, as thoseterms are defined in 3 Pa.C.S. §§ 5101—5115 (relating to the CommercialFeed Act).

Commercially used weighing and measuring devices—(i) Weights and measures used in determining the weight, measurement

or count of commodities or things sold, offered for sale or exposed for saleon the basis of weight, measure or count, or in computing the basic chargeor payment for services rendered on the basis of weight, measure, count ortime.

(ii) The term also includes UPC scanning systems and PLU devicesused to determine the amount due with respect to commodities or things sold,offered for sale or exposed for sale.Cord—The amount of wood that is contained in a space of 128 cubic feet

when the wood is racked and well stowed when used in connection with woodintended for fuel purposes.

Department—The Department of Agriculture of the Commonwealth.Director—The Director of the Bureau.Domestic consumers—Consumers in residences, apartment houses, stores,

churches, office buildings and similar edifices, as distinguished from industrialplants.

Field standards—A standard that is calibrated against a reference standard,and is routinely used to calibrate or check material measures, measuring instru-ments or reference materials.

Food Act—31 P. S. §§ 20.1—20.18.Food establishment—

(i) A retail food store and a room, building or place or portion thereofor vehicle maintained, used or operated for the purpose of commerciallystoring, packaging, making, cooking, mixing, processing, bottling, baking,canning, freezing, packing or otherwise preparing or transporting or handlingfood.



(ii) The term includes those portions of public eating and drinking lic-ensees which offer food for sale for off-premises consumption, except thoseportions of establishments operating exclusively under milk or milk productspermits.Inspector or State inspector—A State inspector of weights and measures.Intrastate commerce—Commerce or trade that is begun, carried on or com-

pleted wholly within the limits of this Commonwealth.Introduced into intrastate commerce—The time and place at which the first

sale or delivery, or both, of a commodity is made within this Commonwealth,the delivery being made either directly to the purchaser or to a common carrierfor shipment to the purchaser.

Licensed public weighmaster—A person holding a valid weighmaster’slicense issued in accordance with section 4151 of the act (relating to licenses)and Chapter 8 (relating to training program for inspectors and sealers), andauthorized to issue weighmaster’s certificates.

Light fuel oils—Kerosene, number one fuel oil, number two fuel oil, numberthree fuel oil and any similar oil used for domestic heating as distinguishedfrom heavy industrial oils.

Memorandum of understanding—A written agreement pursuant to which theDepartment delegates to a city or county all or a portion of the enforcementduties and responsibilities assigned the Department under section 4121(a) ofthe act (relating to powers and duties of director and inspector) and this chap-ter, and that is otherwise in conformance with section 4125 of the act (relatingto division of responsibilities).

NCWM—The National Conference on Weights and Measures.NIST—The National Institute of Standards and Technology.Nonconsumer package or package of nonconsumer commodity—A commod-

ity in package form other than a consumer package, and particularly a packagedesigned solely for industrial or institutional use or for wholesale distributiononly.

OIML—The International Organization of Legal Metrology.Office standards—A complete set of copies of the State primary standards of

weight and measure kept by the State Metrology Laboratory.PLU—Price look-up—A pricing system where numbers are assigned to items

or commodities, and the price is stored in a database for recall when the num-bers are manually entered. PLU codes are used with scales, cash registers andpoint-of-sale systems.

PLU device—Price look-up device—A device that can access a databaseprice file. The term includes bar code beam or contact scanners, Optical Char-acter Recognition (OCR) scanners or readers, magnetic scanners or readers,alpha or numeric, or both, keyboards, voice response systems and computer-based retail price retrieval systems.


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PLU system—Price look-up system—A computer-based retail price retrievalsystem.

Person—A corporation, partnership, limited liability company, business trust,other association, government entity (other than the Commonwealth), estate,trust, foundation or natural person.

Private certification program—A program under which a Certified UPC/PLU Inspector inspects a commercially used UPC scanning system or PLUdevice at least annually on an unannounced basis, and which otherwise con-forms with section 4112(c) of the act and Chapter 5.

Public eating and drinking place—(i) A place within this Commonwealth where food or drink is served to

or provided for the public, with or without charge, or a place which other-wise conforms to the definition in section 1 of the Public Eating and Drink-ing Place Law (35 P. S. § 655.1).

(ii) The term does not include dining cars operated by a railroad com-pany in interstate commerce or a bed and breakfast homestead or inn.Public Eating and Drinking Place Law—The act of May 23, 1945 (P. L. 926,

No. 369) (35 P. S. §§ 655.1—655.13).Public weighing—The weighing of any commodity for any commercial pur-

pose.Scanning system—A general term for any of the several types of PLU tech-

nologies capable of communicating with a database price file or retail priceretrieval system. The term includes hardware, software and supporting com-puter systems.

Sealer—A sealer or deputy sealer of weights and measures of a city, countyor joint city-county jurisdiction.

Secretary—The Secretary of the Department.Sell or sale—Barter and exchange.Single service device—A device that is designed to be used commercially

only once and then discarded.Solid fuel—Anthracite, semianthracite, bituminous, semibituminous or lig-

nite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, carbon,charcoal or any other natural, manufactured or patented fuel not sold by liquidor metered measure.

State Metrology Laboratory—The Pennsylvania Standards Laboratory withinthe Department of General Services, having custody of the State standards ofweight and measure and of other standards and equipment provided for by theact.

State standards—Standards of weight and measure which conform with thestandards of the United States, which have been certified as being satisfactoryfor use as the State standards by NIST, which are maintained at the StateMetrology Laboratory and which otherwise conform with section 4106 of theact (relating to state standards of weight and measure).



Type—A class the individual objects of which are similar to another in designconstruction, size and material.

UPC scanning system—A scanning system capable of reading UPC symbol-ogy and reflecting the information represented by that symbology in the pricea person pays for commodities or things sold, offered for sale or exposed forsale.

UPC/PLU inspector’s certificate—A document issued by the Department toa particular person to evidence that the named individual has successfullycompleted the training necessary for the person to be qualified to inspect UPCscanning systems and PLU devices for purposes of section 4112(c) of the act.

UPC—Universal product code—A general term for any of several types ofbar code symbology. The term may refer to various versions of symbologydeveloped by the Uniform Code Council, including UPC versions A or E of theUniform Code Council: Codes 2 of 5, 3 of 9, 128 or any others available nowor in the future.

Use in trade or commerce—Buying or selling goods, wares, merchandise orservices.

Vehicle—A device in, upon or by which any property, produce, commodityor article is or may be transported or drawn.

Weights and measures—Weights and measures of every kind, instrumentsand devices for weighing and measuring and any appliances and accessoriesassociated with any or all such instruments or devices.

(i) The term includes the following: parking meters, postal scales andother scales used to determine shipping charges, pill counters, grain moisturemeters, coin-operated person weighers, coin-operated air dispensers andcoin-operated axle and vehicle scales.

(ii) The term also includes PLU devices and UPC scanning systems infood establishments required to be licensed in accordance with the Food Act.

(iii) The term does not include portable scales used to determine com-pliance with 75 Pa.C.S. Chapter 49 (relating to size, weight and load), metersfor the measurement of electricity, gas, natural or manufactured, steam, cool-ant or water or the counting or timing of telephone calls when the same areoperated in a public utility system or taxi meters. These portable scales,electricity, gas, steam, coolant, water and telephone meters and taxi metersare specifically excluded from the purview of the act and none of the provi-sions of the act apply to these meters or to any appliances or accessoriesassociated therewith.

Authority

The provisions of this § 2.1 amended under the Consolidated Weights and Measures Act, 3 Pa.C.S.§§ 4101—4194.


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Source

The provisions of this § 2.1 amended October 28, 2005, effective October 29, 2005, 35 Pa.B.5985. Immediately preceding text appears at serial pages (255617) to (255621).

§ 2.2. Contacting the Department.For purposes of this title, a person may contact the Department at the follow-

ing address:Department of AgricultureBureau of Ride and Measurement Standards2301 North Cameron StreetHarrisburg, Pennsylvania 17110-9408Telephone Number: (717) 787-9089FAX Number: (717) 783-4158

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§ 3.1. [Reserved].

Source

The provisions of this § 3.1 adopted April 28, 1962; amended November 7, 1975, effectiveNovember 8, 1975, 5 Pa.B. 2934; reserved May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.Immediately preceding text appears at serial page (244731).

§ 3.2. [Reserved].

Source

The provisions of this § 3.2 adopted April 28, 1962; reserved May 7, 1999, effective May 8, 1999,29 Pa.B. 2460. Immediately preceding text appears at serial page (244732).

§§ 3.11 and 3.12. [Reserved].

Source

The provisions of these §§ 3.11 and 3.12 adopted April 28, 1962; reserved May 7, 1999, effectiveMay 8, 1999, 29 Pa.B. 2460. Immediately preceding text appears at serial page (244732).


Source

The provisions of this § 3.13 adopted April 28, 1962; amended September 12, 1975, effectiveSeptember 13, 1975, 5 Pa.B. 2402; reserved May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.Immediately preceding text appears at serial pages (244732) to (244734).


Source

The provisions of this § 3.14 adopted April 28, 1962; reserved May 7, 1999, effective May 8,1999, 29 Pa.B. 2460. Immediately preceding text appears at serial page (244734).

Ch. 3 70 § 3.1

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3-2(255624) No. 296 Jul. 99 Copyright � 1999 Commonwealth of Pennsylvania

CHAPTER 4. CERTIFIED EXAMINERS OF WEIGHTS ANDMEASURES

Sec.4.1. Purpose.4.2. CEWM.4.3. Authority of a CEWM.4.4. Categories and types of weighing or measuring devices which a CEWM may

inspect.4.5. Certification standards.4.6. Training courses.4.7. Audit by Department.4.8. Applying for certification.4.9. CEWM certificate.4.10. Expiration of CEWM certificate.4.11. Obtaining a new CEWM certificate.4.12. Testing and inspection performance standards.4.13. Reporting procedures for CEWM.4.14. Inspection and testing by the Department.4.15. Suspension or revocation of certification.4.16. CEWM list.4.17. Civil penalties.

Authority


Source


§ 4.1. Purpose.This chapter sets forth the certification standards required under section

4110(a)(4) of the act (relating to specific powers and duties of the department;regulations), under which the Department may approve training courses and cer-tify a person as a CEWM for purposes of the act.

§ 4.2. CEWM.A person may apply to the Department for certification that the person is a

CEWM for purposes of the act and this title, with respect to one or more of thecategories or types of weighing or measuring devices in § 4.4 (relating to catego-ries and types of weighing and measuring devices which a CEWM may inspect).

§ 4.3. Authority of a CEWM.(a) General. A CEWM may perform the annual testing and inspection of any

weighing or measuring device which the Department is required to perform undersection 4112(b) of the act (relating to general testing and inspections), and is

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4-1(255625) No. 296 Jul. 99

listed in § 4.4 (relating to categories and types of weighing and measuringdevices which a CEWM may inspect), and with respect to which the CEWM iscertified. A CEWM may inspect these weighing and measuring devices regard-less of whether the CEWM is the owner or lessor of the devices or is an employeor agent of the owner or lessor of the devices. The Department may accept thereport of a CEWM as sufficient to meet the statutory testing and inspectionrequirements in section 4112(b) of the act.

(b) Fees. A CEWM may charge a fee for inspection and testing services.

§ 4.4. Categories and types of weighing or measuring devices which aCEWM may inspect.

The categories and types of weighing or measuring devices with respect towhich a person may be certified as a CEWM are as follows:

(1) Small capacity retail computing scales.(2) Retail package shipping scales.(3) Vehicle scales.(4) Small platform scales which weigh items to 1,000 pounds.(5) Truck-mounted fuel oil meters.(6) Truck-mounted liquid petroleum gas meters.(7) Compressed natural gas meters.(8) Retail motor fuel dispensers.

Cross References

This section cited in 70 Pa. Code § 4.2 (relating to CEWM); 70 Pa. Code § 4.3 (relating toauthority of a CEWM); 70 Pa. Code § 4.6 (relating to training courses); 70 Pa. Code § 4.14 (relatingto inspection and testing by the Department); and 70 Pa. Code § 8.3 (relating to training and certifi-cation with respect to individual types of weighing and measuring devices).

§ 4.5. Certification standards.A person seeking a CEWM certificate from the Department shall do the fol-

lowing:(1) Successfully complete a training course prescribed by NIST for the

category or type of weighing or measuring device with respect to which thecertificate is sought.

(2) Comply with the application and other requirements of this chapter.

Cross References

This section cited in 70 Pa. Code § 4.6 (relating to training courses).

§ 4.6. Training courses.(a) NIST training courses. Under section 4110(b) of the act (relating to spe-

cific powers and duties of department regulations), a training course now orhereafter prescribed by NIST for a particular category or type of measuring orweighing device listed in § 4.4 (relating to categories and types of weighing and



measuring devices which a CEWM may inspect) is an appropriate training coursefor the subject category or type of weighing or measuring device.

(b) Obtaining a list of current NIST training courses. The Department willprovide a current list of NIST training courses and the category or type of weigh-ing or measuring device with respect to which each course is applicable uponrequest.

(c) Publication of list. The Department will update or revise the list of NISTcourses referenced in subsection (b) by publishing notice describing this updateor revision in the Pennsylvania Bulletin. The notice will include the course nameand the category or type of weighing or measuring device, and indicate whetherthe course is being added or deleted.

(d) Effect of addition of a course to list of courses. If a course is added to thelist described in subsection (c), a person who has successfully completed thatcourse within 2 years prior to its inclusion on the list will be deemed to havecompleted the course requirement of the certification standards in § 4.5(1) (relat-ing to certification standards).

Cross References

This section cited in 70 Pa. Code § 2.1 (relating to definitions); 70 Pa. Code § 4.8 (relating toapplying for certification); and 70 Pa. Code § 8.3 (relating to training and certification with respectto individual types of weighing and measuring devices).

§ 4.7. Audit by Department.

The Department may attend and audit an approved training course to ascertainwhether the course is conducted in accordance with the act and in conformity toNIST standards or applicable standards of the Department and the program syl-labus. A person offering or conducting an approved training course shall, at least7 days in advance of conducting an approved training course, mail or deliver tothe Department written notification of the date, time and location of the trainingcourse. A person offering or conducting an approved training course shall allowthe Department’s auditors entry to the program and provide copies of coursematerials.

§ 4.8. Applying for certification.

(a) Application required. A person who is at least 18 years of age and hassuccessfully completed a training course prescribed by NIST and described in§ 4.6 (relating to training courses) may apply to the Department for a CEWMcertificate. Certification is granted through issuance of the certificate described in§ 4.9 (relating to CEWM certificate).

(b) Form of application. A person seeking certification under the act mayobtain an application form from the Department at the address in § 2.2 (relating


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to contacting the Department). The applicant shall complete the form and returnit to that same address. The application form shall require the following informa-tion:

(1) The name, mailing address and birth date of the person seeking a cer-tificate.

(2) The name, location and date of completion of any approved trainingcourse completed by the person seeking a certificate.

(3) A copy of any certificate of completion with respect to the approvedtraining course.

(4) The category or type of weighing or measuring device with respect towhich the certificate is sought.

(5) A detailed description of the equipment the person seeking the CEWMcertificate will use in conducting inspections of the weighing or measuringdevices of the category or type with respect to which certification is sought,with copies of applicable verifications of accuracy, inspection records and otherdocumentation demonstrating the equipment is adequate and meets the require-ments of § 6.3 (relating to field standards).

(6) Two identical 1-inch square color photographs (front facial view) of theperson seeking a certificate.

(7) The date of the application.(8) Other information the Department might reasonably require.

(c) Departmental action on application. The Department will, within 30 daysof receiving an application and the application fee, mail the applicant a certifi-cate, a disapproval notice or a request for additional clarification or documenta-tion. If the Department requests additional clarification or documentation, itsreview and consideration of the application will cease until the requested mate-rial is received, at which time the 30-day review period shall begin again.

Cross References

This section cited in 70 Pa. Code § 4.11 (relating to obtaining a new CEWM certificate); and 25Pa. Code § 4.15 (relating to suspension or revocation of certification).

§ 4.9. CEWM certificate.

(a) Form of CEWM certificate. The Department will format the CEWM cer-tificate into an identification card sized document, so it may be carried conve-niently on a CEWM’s person while performing inspections or tests under author-ity of that certificate.

(b) Contents of CEWM certificate. A CEWM certificate will bear the follow-ing information:

(1) The name of the person to whom it is issued.(2) The category or type of weighing or measuring device with respect to

which the person is certified.



(3) The expiration date of the certificate, which, in accordance with § 4.10(relating to expiration of CEWM certificate), shall be 3 years from the date ofissuance.

(4) A unique identification number.(5) A photograph of the person to whom it is issued.(6) A statement that the Department has determined the person identified

on the certificate to be a ‘‘Certified Examiner of Weights and Measures’’ withrespect to the category or type of weighing or measuring device identified onthe certificate.

(7) Other information the Department might reasonably include.(c) Ownership of CEWM certificate. A CEWM certificate issued by the

Department will remain the property of the Department. A CEWM or other per-son having physical possession of a CEWM certificate shall, upon written noticefrom the Department, surrender and return the certificate to the Department.

(d) Obligation to produce CEWM certificate for inspection. A CEWM shallhave the CEWM certificate with him whenever performing inspections or testsunder authority of that certificate, and shall produce the certificate for inspectionupon demand by the Department or any person on whose behalf the CEWM isperforming the inspection or test.

Cross References

This section cited in 70 Pa. Code § 4.8 (relating to applying for certification).

§ 4.10. Expiration of CEWM certificate.A CEWM certificate will be valid for 3 years from the date it is issued, unless

it is suspended or revoked earlier in accordance with the procedures in § 4.15(relating to suspension or revocation of certification).

Cross References

This section cited in 70 Pa. Code § 4.9 (relating to CEWM certificate).

§ 4.11. Obtaining a new CEWM certificate.(a) No renewals: new certificate required. The Department will not renew a

CEWM certificate or extend the expiration date of a certificate. A person shall,instead, apply for and obtain a new CEWM certificate in accordance with § 4.8(relating to applying for certification) to remain a CEWM.

(b) Training course. A person who is applying for certification applicable toa category or type of weighing or measuring device with respect to which theperson is or has been a CEWM shall have successfully completed one of the fol-lowing within 2 years of the date of the application form:

(1) A training course as described in § 4.6 (relating to training courses)applicable to that same category or type.


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(2) A training course developed and approved by the Department appli-cable to that same category or type. The Department will publish a list of theseapproved training courses in the Pennsylvania Bulletin, and update this list tokeep it current.(c) Timing of application. A person may apply for a CEWM certificate at any

time. A current CEWM who seeks to avoid any lapse in certification is encour-aged to apply for certification at least 60 days in advance of the expiration dateof his current certificate.

§ 4.12. Testing and inspection performance standards.The Department will use applicable NIST standards as the testing and inspec-

tion performance standards of the Department.

§ 4.13. Reporting procedures for CEWM.(a) Inspection report form required. A CEWM shall prepare and submit to the

Bureau an inspection report form, describing all of the weighing or measuringdevices inspected at a particular location on a particular date.

(b) Preparation and expense of acquiring forms. The Department will pro-vide a sample inspection report form upon the request of a CEWM. This sampleform may be copied at the CEWM’s expense.

(c) Contents of inspection report form. A completed inspection report formshall contain the following information:

(1) The printed name of the CEWM.(2) The identification number of the CEWM. This number appears on the

CEWM certificate.(3) The date of the inspection.(4) The location of the inspection.(5) The category or type of each weighing or measuring device inspected.(6) The manufacturer, model and serial number of each device inspected.(7) A description of any defects or deficiencies in the weighing or measur-

ing device inspected, and whether they have been repaired or rectified.(8) A statement of whether the weighing or measuring device is in compli-

ance with applicable NIST performance standards.(9) Comments or explanations the CEWM deems necessary for clarity.(10) The signature of the CEWM.

(d) Distribution of forms. A completed inspection report form shall be distrib-uted as follows:

(1) The CEWM shall distribute the original of this form to the owner of theweighing or measuring device inspected, or to a responsible person at the sitewhere the inspection occurred.

(2) The CEWM shall forward a copy of this form to the Department bymailing or delivering it to the Department by the 10th day of the month imme-diately following the month the inspection was conducted. Delivery may be



accomplished by electronic means such as modem transmission/e-mail or faxmachine. If delivery is accomplished by FAX machine, the CEWM shall retainthe transmittal receipt as proof of compliance with this requirement.

(3) The CEWM shall retain a copy of this form and any transmittal receiptevidencing delivery of the form to the Department for at least 3 years from thedate the testing and inspection services are performed.(e) Prompt report of inaccurate devices.

(1) In addition to the other reporting requirements of this section, a CEWMshall promptly report any commercially used weighing and measuring devicethat the CEWM finds, upon inspection, does not conform with applicable NISTperformance standards or is otherwise unsuitable for commercial use.

(2) This report shall:(i) Provide the location of the device.(ii) Identify the device by name, model number and serial number.(iii) Describe the deficiency.(iv) State the date and time of the CEWM’s inspection.

(3) This report shall be faxed or delivered to the Department at the addressin § 2.2 (relating to contacting the Department) within 48 hours of theCEWM’s inspection.

Cross References

This section cited in 70 Pa. Code § 7.4 (relating to report by inspectors).

§ 4.14. Inspection and testing by the Department.(a) Random inspection and testing. In accordance with section 4110 of the act

(relating to specific powers and duties of the department; regulations), theDepartment will conduct random inspection and testing of a sample of devicesthat have been inspected and tested by a CEWM to determine whether theCEWM conducted the inspection and testing in accordance with the act and thischapter. This random inspection and testing will include a representative sampleof each of the types of weighing and measuring devices in § 4.4 (relating to cat-egories and types of weighing or measuring devices which a CEWM mayinspect).

(b) Inspections generally. In addition to the random inspection and testingdescribed in subsection (a), the Department may conduct inspection and testingof any device that has been inspected and tested by a CEWM.

(c) Time lapse affecting results. In evaluating the inspection and testing per-formed by the CEWM, the Department will take into account any lapse of timebetween an inspection performed by the Department and the inspection per-formed by the CEWM.

(d) Reporting of results. Within 30 days following a random inspection, theDepartment will mail the CEWM written notice of the inspection and the resultsof that inspection.


4-7(255631) No. 296 Jul. 99

(e) Use of results. The Department may use the results of its inspection andtesting to suspend or revoke the certificate of a CEWM in accordance with§ 4.15 (relating to suspension or revocation of certification), or as the basis fora warning or instruction directed to the CEWM.

Cross References

This section cited in 70 Pa. Code § 4.15 (relating to suspension or revocation of certification).

§ 4.15. Suspension or revocation of certification.(a) Basis for action. The Department may suspend or revoke a CEWM cer-

tificate if the certificateholder does one or more of the following:(1) Violates a provision of this chapter.(2) Violates a provision of the act.(3) Violates an applicable NIST standard, unless that standard is inconsis-

tent with the act or this chapter.(4) Intentionally or fraudulently reports inaccurate information on an

inspection report form.(5) Is found, following inspection and testing by the Department in accor-

dance with § 4.14 (relating to inspection and testing by the Department), tohave inaccurately, improperly or incompetently performed testing and inspec-tions of the category or type of weighing or measuring device with respect towhich the certificate was issued.(b) Notice. The Department will provide a CEWM with written notice of its

intention to suspend or revoke certification, which will afford that person noticeand opportunity for an administrative hearing before the Department prior to theeffective date of the suspension or revocation.

(c) Delivery of notice. The Department will deliver the notice described insubsection (b) to the affected certificateholder by personal service or by regularmail to the address provided by the certificateholder on his application for cer-tificate under § 4.8 (relating to applying for certification), or to the address mostrecently provided to the Department in writing by the CEWM as the address towhich notices should be sent.

Cross References

This section cited in 70 Pa. Code § 4.10 (relating to expiration of CEMW certificate); and 70Pa. Code § 4.14 (relating to inspection and testing by the Department).

§ 4.16. CEWM list.(a) CEWM list to be maintained. The Department will maintain a current

CEWM list containing the following information with respect to each CEWM:(1) Name and address.(2) Telephone number.(3) Fax number (if available).



(4) Each category or type of weighing or measuring device with respect towhich the CEWM is certified.

(5) The expiration date of certification.(6) The unique identification number of the CEWM’s certificate.

(b) Distribution of copies. The Department will provide a copy of the currentCEWM list upon request.

§ 4.17. Civil penalties.(a) General. The Department may assess a civil penalty of up to $10,000

against a person that violates the act or this chapter. In determining the amountof a civil penalty, the Department will consider the gravity of the violation.

(b) Notice. The Department will provide a person written notice of a viola-tion of the act or this chapter and an opportunity for an administrative hearing onthe violation prior to the imposition of a civil penalty.

(c) Warning. If the Department determines a violation did not cause harm tothe public interest, the Department may issue a warning in lieu of assessing acivil penalty.


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[Next page is 5-1.]


CHAPTER 5. UPC SCANNING SYSTEMSAND PLU DEVICES

GENERAL

Sec.5.1. Purpose.5.2. Requirement of annual testing and inspection.5.3. Testing and inspection standards.5.4. Certified UPC/PLU inspector.5.5. Authority of certified UPC/PLU inspector5.6. Certification requirements.5.7. Training courses.5.8. Applying for certification.5.9. UPC/PLU inspector’s certificate.5.10. Expiration of UPC/PLU inspector’s certificate.5.11. Obtaining a new UPC/PLU inspector’s certificate.5.12. Inspections: reporting procedures.5.13. Inspections: enforcement levels.5.14. Inspection and testing by the Department.5.15. Suspension or revocation of certification.5.16. Certified UPC/PLU inspector list.

PRIVATE CERTIFICATION PROGRAMS

5.21. Registration.5.22. Requirements and fees.5.23. Program list.

Authority


Source


Cross References

This chapter cited in 70 Pa. Code § 2.1 (relating to definitions); and 70 Pa. Code § 8.3 (relatingto training and certification with respect to individual types of weighing and measuring devices).

GENERAL

§ 5.1. Purpose.Section 4112(c) of the act (relating to general testing and inspections) requires

the inspection of all commercially used UPC scanning systems and PLU devices

Ch. 5 UPC SCANNING SYSTEMS 70 § 5.1

5-1(255635) No. 296 Jul. 99

within this Commonwealth by June 30, 1999, and thereafter at intervals of nogreater than 12 months. It is the purpose of this chapter to accomplish the fol-lowing:

(1) Establish the Department’s specifications, tolerances and procedureswith respect to the inspection of UPC scanning systems and PLU devices, andsupplant Chapter 39 (Reserved) as authorized in section 4112(d) of the act.

(2) Identify the minimum level of training necessary for a person to bequalified to inspect UPC scanning systems and PLU devices.

(3) Establish a procedure by which a person may apply to the Departmentto become a certified UPC/PLU inspector.

(4) Prescribe a procedure under which the Department can review inspec-tions performed by certain certified UPC/PLU inspectors and revoke or sus-pend certification.

(5) Establish minimum requirements for the ‘‘private certification pro-grams’’ referenced in section 4112(c) of the act.

(6) Otherwise comply with section 4112(d) of the act.

§ 5.2. Requirement of annual testing and inspection.(a) General requirement. The Department will, by June 30, 1999, and within

every 12-month period thereafter, inspect and test each commercially used UPCscanning system and PLU device in this Commonwealth to ascertain if it is cor-rect, unless the system or device is inspected by a city or county sealer, asdescribed in subsection (b), or the system or device is exempt from inspection, asdescribed in subsection (c).

(b) Delegation of inspection responsibilities. The Department may assignresponsibility for conducting the testing and inspections described in subsection(a) to a city or county by a memorandum of understanding between the Depart-ment and the city or county entered into in accordance with section 4125 of theact (relating to division of responsibilities).

(c) Exemption for UPC scanning systems and PLU devices inspected by aprivate certification program. A commercially used UPC scanning system orPLU device shall be exempt from the annual testing and inspection described insubsection (a) if all of the following occur:

(1) The system or device is inspected at intervals of no greater than 1 year.(2) The inspection is unannounced.(3) The inspection is conducted as part of a private certification program.(4) The private certification program has registered with the Department in

accordance with § 5.21 (relating to registration).(5) The certified UPC/PLU inspector conducting the inspection on behalf

of the private certification program files a price verification inspection reportwith the Department in accordance with the procedure described at § 5.12(relating to inspections: reporting procedures).



(6) The private certification program meets the requirements of this chap-ter.

§ 5.3. Testing and inspection standards.(a) Standards. The ‘‘Examination Procedures for Price Verification’’ adopted

by NCWM in Publication No. 19 (August 1995), or any subsequent amendmentthereof, are hereby adopted as the specifications and tolerances of the Departmentwith respect to commercially used UPC scanning systems and PLU devices.

Example: A certified UPC/PLU inspector shall evaluate ‘‘errors’’ and the‘‘accuracy’’ of UPC scanning systems and PLU devices in accordance withthe ‘‘Examination Procedure for Price Verification’’ in NCWM PublicationNo. 19 (August 1995), which requires that a UPC scanning system or PLUdevice have an accuracy rate of 98% or higher to ‘‘pass’’ an inspection.Example: A certified UPC/PLU inspector shall verify the price of sale itemsby allowing the sales clerk to determine the price of the item using thestore’s customary procedures, including manually entering discounts, inaccordance with Paragraph 7.3, Note 3, of the ‘‘Examination Procedure forPrice Verification’’ in NCWM Publication No. 19 (August 1995).(b) Applicability. The standards described in subsection (a) will be used by

any person conducting testing and inspection of a commercially used UPC scan-ning system or PLU device in the capacity of a certified UPC/PLU inspector.

(c) Obtaining Publication No. 19. The Department will provide a copy ofNCWM Publication No. 19 (August 1995), or any subsequent amendmentthereof, at cost to any person requesting a copy.

§ 5.4. Certified UPC/PLU inspector.A person shall be a certified PLU/UPC inspector to conduct an inspection of a

commercially used UPC scanning system or PLU device described in section4112(c) of the act (relating to general testing and inspections), regardless ofwhether the inspection is performed by a State inspector of weights and mea-sures, an employe of a city or county acting in accordance with a memorandumof understanding entered into with the Department, or a person acting as part ofa private certification program. A person may apply to the Department to becomea certified UPC/PLU inspector.

§ 5.5. Authority of a certified UPC/PLU inspector.(a) General. A certified UPC/PLU inspector is qualified to perform the

annual testing and inspection of a commercially used UPC scanning system orPLU device which is required under section 4112(c) of the act (relating to gen-eral testing and inspections). A certified UPC/PLU inspector—including a certi-fied UPC/PLU inspector acting as part of a private certification program—mayinspect UPC scanning systems or PLU devices owned, used or leased by a per-


5-3(255637) No. 296 Jul. 99

son with respect to which the certified UPC/PLU inspector is an employe oragent if the inspection is conducted on an unannounced basis under section4112(c) of the act.

(b) Limitation on authority. A certified UPC/PLU inspector may exerciseauthority only in one of the following contexts:

(1) The certified UPC/PLU inspector is a State inspector of weights andmeasures.

(2) The certified UPC/PLU inspector is an employe of a city or county, andis acting in accordance with a memorandum of understanding entered into withthe Department in accordance with section 4125 of the act (relating to divisionof responsibilities).

(3) The certified UPC/PLU inspector is acting as part of a private certifi-cation program.(c) Fees. A certified UPC/PLU inspector may not charge a fee for inspection

and testing services, unless that person is acting as part of a private certificationprogram, or that person is an employe of a city or county and is acting in accor-dance with a memorandum of understanding entered into with the Departmentunder section 4125 of the act.

§ 5.6. Certification requirements.

(a) General. A person seeking to become a certified UPC/PLU inspector shalldo the following:

(1) Successfully complete a training course in examination procedures forprice verification as adopted by NIST/NCWM, and as described in § 5.7 (relat-ing to training courses).

(2) Comply with the application requirements and other requirements ofthis chapter.(b) Persons certified under interim guidelines. A UPC/PLU inspector’s cer-

tificate issued in accordance with Chapter 39 (relating to Reserved) authorized bysection 4112(d) of the act (relating to general testing and inspections) shall beconsidered a UPC/PLU inspector’s certificate issued under this chapter.

§ 5.7. Training courses.

(a) General approval of NIST/NCWM training courses. The Department hasapproved any NIST/NCWM price verification training course utilizing the‘‘Examination Procedure for Price Verification’’ set forth in NCWM PublicationNo. 19 (August, 1995), or a subsequent successor publication thereto, as anapproved training course for certified UPC/PLU inspector candidates.

(b) Current approved NIST/NCWM training courses. The current approvedNIST/NCWM training courses are the ‘‘NIST/NCWM Price Verification Train-ing’’ course and the ‘‘NIST/NCWM Price Verification Instructor’s Training’’



course. An approved training course may be conducted by a person who has suc-cessfully completed the NIST/NCWM price verification instructor’s trainingcourse.

(c) New or additional training courses. The Department will update or revisethe list of approved NIST/NCWM training courses in subsection (b) by publish-ing notice describing this update or revision in the Pennsylvania Bulletin.

(d) Effect of addition of a course to list of approved courses. If the Depart-ment approves a new or additional training course for certified UPC/PLU inspec-tor candidates, a person who has successfully completed that course within 2years prior to its approval will be deemed to have completed an approved course.

Cross References

This section cited in § 5.6 (relating to certification requirements).

§ 5.8. Applying for certification.(a) Application required. A person who is at least 18 years of age and has

successfully completed an approved training course (as described in § 5.7 (relat-ing to training courses)) within 2 years of the date of application may apply to becertified as a UPC/PLU inspector. Certification is granted through issuance of thecertificate described in § 5.9 (relating to UPC/PLU inspector’s certificate).

(b) Form of application. A person seeking to become a certified UPC/PLUinspector may obtain an application form from the Department at the address in§ 2.2 (relating to contacting the Department). The applicant shall complete theform and return it to that same address. The application form shall require thefollowing information:

(1) The name, mailing address and birth date of the person seeking a UPC/PLU inspector’s certificate.

(2) Whether the applicant seeks to conduct UPC/PLU inspections as aState inspector of weights and measures, an employe of a city or county actingin accordance with a memorandum of understanding with the Department or aspart of a private certification program.

(3) The name, location and date of completion of any approved trainingcourse completed by the person seeking a UPC/PLU inspector’s certificate.

(4) A copy of any certificate of completion with respect to the approvedtraining course.


(6) The date of the application.(7) Other information the Department might reasonably require to deter-

mine eligibility for certification.(c) Departmental action on application. The Department will, within 30 days

of receiving an application, mail the applicant a UPC/PLU inspector’s certificate,a disapproval notice or a request for additional clarification or documentation. If


5-5(255639) No. 296 Jul. 99

the Department requests additional clarification or documentation, its review andconsideration of the application will cease until the requested material is received,at which time the 30-day review period will begin again.

§ 5.9. UPC/PLU inspector’s certificate.(a) Form of certificate. The Department will format the UPC/PLU inspector’s

certificate into an identification card sized document, so it may be carried conve-niently on a certified UPC/PLU inspector’s person while performing inspectionsor tests under authority of that certificate.

(b) Contents of UPC/PLU inspector’s certificate. A UPC/PLU inspector’scertificate will bear the following information:

(1) The name of the person to whom it is issued.(2) The expiration date of the certificate, which, in accordance with § 5.10

(relating to expiration of UPC/PLU inspector’s certificate), shall be 3 yearsfrom the date of issuance.

(3) A unique identification number.(4) A photograph of the person to whom it is issued.(5) A statement that the Department has determined the person identified

on the certificate to be a ‘‘certified UPC/PLU inspector’’ in accordance withsection 4112 of the act (relating to general testing and inspections).

(6) Other information the Department might reasonably include.(c) Ownership of UPC/PLU inspector’s certificate. A certificate issued by the

Department will remain the property of the Department. A certified UPC/PLUinspector or other person having physical possession of a certificate shall, uponwritten notice from the Department, surrender and return the certificate to theDepartment.

(d) Obligation to produce certificate for inspection. A certified UPC/PLUinspector shall have his UPC/PLU inspector’s certificate with him whenever per-forming inspections or tests under authority of that certificate, and shall producethe certificate for inspection upon demand by the Department or a person onwhose behalf the certified UPC/PLU inspector is performing the inspection ortest.

Cross References

This section cited in 70 Pa. Code § 5.8 (relating to applying for certification).

§ 5.10. Expiration of UPC/PLU inspector’s certificate.A UPC/PLU inspector’s certificate is valid for 3 years from the date it is issued,

unless it is suspended or revoked earlier in accordance with the procedures in§ 5.15 (relating to suspension or revocation of certification).

Cross References

This section cited in 70 Pa. Code § 5.9 (relating to UPC/PLU inspector’s certificate).



§ 5.11. Obtaining a new UPC/PLU inspector’s certificate.(a) No renewals: new certificate required. The Department will not renew a

UPC/PLU inspector’s certificate or extend the expiration date of a certificate. Aperson shall, instead, apply for and obtain a new certificate in accordance with§ 5.8 (relating to applying for certification) in order to remain a certified UPC/PLU inspector.

(b) Training course. A person who is applying for certification shall havesuccessfully completed an approved training course as described in § 5.7 (relat-ing to training courses) within 2 years of the date of the application form.

(c) Timing of application. A person may apply for certification at any time. Acurrent certified UPC/PLU inspector who seeks to avoid a lapse in certification isencouraged to apply for a new UPC/PLU inspector’s certificate at least 60 daysin advance of the expiration date of the current certificate.

§ 5.12. Inspections: reporting procedures.(a) Inspection report form required. A certified UPC/PLU inspector shall pre-

pare and submit to the Bureau a price verification inspection report form withrespect to any inspection the certified UPC/PLU inspector conducts. A copy ofthis price verification inspection form is set forth in Appendix A. The form issubstantively identical to the ‘‘Appendix A Model Form—Price VerificationReport’’ form in NCWM’s Examination Procedure for Price Verification.

(b) Acquiring forms. The Department will provide a sample price verificationinspection report form upon the request of a certified UPC/PLU inspector. Thissample form may be copied at the certified UPC/PLU inspector’s expense.

(c) Distribution of forms. A completed price verification inspection reportform shall be distributed as follows:

(1) The certified UPC/PLU inspector shall distribute the original of thisform to the owner of the systems and devices inspected, or to a responsibleperson at the site where the inspection occurred.

(2) The certified UPC/PLU inspector shall forward a copy of this form tothe Department by mailing or delivering it to the Department by the 10th dayof the month immediately following the month the inspection was conducted.Delivery may be accomplished by electronic means such as modemtransmission/e-mail or fax machine. If delivery is accomplished by faxmachine, the certified UPC/PLU inspector shall retain the transmittal receipt asproof of compliance with this requirement.

(3) The certified UPC/PLU inspector shall retain a copy of this form andany transmittal receipt evidencing delivery of the form to the Department forat least 3 years from the date the testing and inspection services are performed.

Cross References

This section cited in 70 Pa. Code § 5.2 (relating to requirement of annual testing and inspection);and 70 Pa. Code § 7.4 (relating to report by inspectors).


5-7(255641) No. 296 Jul. 99

§ 5.13. Inspections: enforcement levels.The ‘‘Model Enforcement Levels’’ in Section 11, Paragraph 11.2 of NCWM’s

Examination Procedure for Price Verification, or any subsequent revision thereto,are adopted as the enforcement levels to be applied by the Department and certi-fied UPC/PLU inspectors.

§ 5.14. Inspection and testing by the Department.(a) Inspections generally. The Department may evaluate the performance of

a certified UPC/PLU inspector who conducts inspections for a private certifica-tion program by conducting a follow-up inspection of any UPC scanning systemor PLU device that has been inspected and tested by the certified UPC/PLUinspector.

(b) Time lapse and other factors effecting results. In evaluating the inspectionand testing performed by a certified UPC/PLU inspector as described in subsec-tion (a), the Department will consider any factor that might reasonably accountfor a variance between the Department’s inspection results and those of the cer-tified UPC/PLU inspector, including a lapse of time between an inspection per-formed by the Department and the inspection performed by the certified UPC/PLU inspector.

(c) Reporting of results. Within 30 days following a follow-up inspection, theDepartment will mail the certified UPC/PLU inspector written notice of theDepartment’s inspection and the results of that inspection.

(d) Use of results. The Department may use the results of its follow-upinspection to suspend or revoke a UPC/PLU inspector’s certificate, as describedin subsection (a), in accordance with § 5.15 (relating to suspension or revocationof certification), or as the basis for a warning or instruction directed to the certi-fied UPC/PLU inspector.

Cross References

This section cited in 70 Pa. Code § 5.15 (relating to suspension or revocation of certification).

§ 5.15. Suspension or revocation of certification.(a) Basis for action. The Department may suspend or revoke a UPC/PLU

inspector’s certificate if the certificate holder conducts inspections for a privatecertification program and does one or more of the following:

(1) Violates a provision of this chapter.(2) Violates a provision of the act.(3) Violates an applicable standard prescribed by NCWM’s Examination

Procedure for Price Verification, unless that standard is inconsistent with theact or this chapter.

(4) Intentionally or fraudulently reports inaccurate information on a priceverification inspection report form.



(5) Is found, following inspection and testing by the Department in accor-dance with § 5.14 (relating to inspection and testing by the Department), tohave inaccurately, improperly or incompetently performed an inspection of aUPC scanning system or PLU device.(b) Notice. The Department will provide a certified UPC/PLU inspector with

written notice of its intention to suspend or revoke certification, which will affordthat person notice and opportunity for an administrative hearing before theDepartment prior to the effective date of the suspension or revocation.

(c) Delivery of notice. The Department will deliver the notice described insubsection (b) to the affected certified UPC/PLU inspector by personal service orby regular mail to the address provided by the certified UPC/PLU inspector onthe most recent application for a certificate, or to the address most recently pro-vided to the Department in writing by the certified UPC/PLU inspector as theaddress to which notices should be sent.

Cross References

This section cited in 70 Pa. Code § 5.14 (relating to inspection and testing by the Department).

§ 5.16. Certified UPC/PLU inspector list.(a) List to be maintained. The Department will maintain a current list con-

taining the following information with respect to each certified UPC/PLU inspec-tor:

(1) The name and address.(2) The telephone number.(3) The fax number, if available.(4) The expiration date of certification.(5) The unique identification number of the UPC/PLU inspector’s certifi-

cate.(b) Distribution of copies. The Department will provide a copy of the current

certified UPC/PLU inspector list upon request.

PRIVATE CERTIFICATION PROGRAMS

§ 5.21. Registration.(a) General requirement. A person who owns or operates a commercially

used UPC scanning system or PLU device may avoid the requirement of annualState or local inspection described in section 4112(c) of the act (relating to gen-eral testing and inspections) by having the inspection performed by a private cer-tification program. A private certification program shall meet the requirements ofthis chapter and shall, prior to commencing testing and inspection of commer-cially used UPC scanning systems or PLU devices, file a written statement withthe Department, at the address in § 2.2 (relating to contacting the Department).


5-9(255643) No. 296 Jul. 99

(b) Contents of written statement. The written statement referenced in subsec-tion (a) shall contain the following:

(1) The name, business address and telephone number of the private certi-fication program.

(2) The name of the certified UPC/PLU inspector who will be conductingUPC scanning system or PLU device inspections on behalf of the private cer-tification program, together with the unique identification number appearing onthat person’s UPC/PLU inspector’s certificate.

(3) The signature, printed name and title of the person making the state-ment.(c) Action by Department. Within 30 days of receiving a written statement as

described in subsection (b), the Department will mail the applicant a copy of thewritten statement bearing a legible stamp or seal indicating the original documenthas been filed with the Department.

(d) Updating the written statement. A private certification program shall,within 30 days of a change affecting the accuracy of a written statement it hasfiled with the Department, provide the Department an update of its written state-ment.

Cross References

This section cited in 70 Pa. Code § 5.2 (relating to requirement of annual testing and inspection).

§ 5.22. Requirements and fees.(a) Unannounced inspections required. A certified UPC/PLU inspector con-

ducting an inspection on behalf of a private certification program shall conductthat inspection on an unannounced basis.

(b) Fees permitted. A private certification program may charge a fee for itsservices—whether a per-inspection fee, a flat annual fee, a membership fee in anorganization that conducts a private certification program for its members, orsome other fee arrangement.

§ 5.23. Program list.(a) List to be maintained. The Department will maintain a current list of pri-

vate certification programs. The list will contain the name, business address, tele-phone number and fax number (if available) of each private certification program.

(b) Distribution of copies. The Department will provide a copy of the currentprivate certification program list upon request.



APPENDIX A

COMMONWEALTH OF PENNSYLVANIADEPARTMENT OF AGRICULTURE

BUREAU OF RIDE & MEASUREMENT STANDARDS2301 NORTH CAMERON STREET

HARRISBURG, PA 17110-9408

PRICE VERIFICATION REPORT

Ch. 5 UPC SCANNING SYSTEMS 70

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[Next page is 6-1.]


CHAPTER 6. REGISTRATION OF SELLERS, INSTALLERS ANDREPAIRERS OF WEIGHING AND MEASURING DEVICES

Sec.6.1. Purpose.6.2. Registration requirement.6.3. Field standards.6.4. Registration procedure.6.5. Registration card.6.6. Newly-installed or repaired commercial weighing and measuring devices.6.7. Expiration/renewal of registration.

Authority


Source


§ 6.1. Purpose.

This chapter establishes the program referenced in section 4113 of the act(relating to registration of sellers, installers and repairers of weighing and mea-suring devices), under which individual persons engaged in the business of sell-ing, installing, servicing and repairing various types of commercial weighing andmeasuring devices shall register with the Department, maintain field standardsthat adequately test weighing and measuring devices being placed into commer-cial service and provide the Department notice of newly-installed commercialweighing and measuring devices. For purposes of this chapter, ‘‘individual per-sons’’ are natural persons and not corporations, partnerships or other businessentities.

§ 6.2. Registration requirement.

(a) General registration requirement. An individual person may not act as aseller, installer, servicer or repairer of commercially used weighing and measur-ing devices in this Commonwealth unless the person first registers with theDepartment in accordance with this chapter and obtains the registration carddescribed in § 6.5 (relating to registration card).

(b) Exception. The registration requirement established in subsection (a) isnot applicable in instances when the commercially used weighing and measuringdevice being sold, installed, serviced or repaired is a UPC scanning system, aPLU device or a component of either system or device.

Ch. 6 REGISTRATION OF SELLERS 70 § 6.1

6-1(255647) No. 296 Jul. 99

§ 6.3. Field standards.(a) General requirement. An individual person who is employed or engaged

in the business of installing, servicing or repairing commercially used weighingand measuring devices shall have, maintain and use field standards that areadequate to test and place weighing and measuring devices into commercial ser-vice, and otherwise meet the requirements of NIST Handbook 44, or a subsequentamendment thereof.

(b) Adequate field standards. For purposes of this chapter, field standards willnot be considered adequate for use in placing commercially used weighing andmeasuring devices into service unless there exists a verification of accuracyissued by the State Metrology Laboratory with respect to those field standards,and the verification of accuracy was issued within 1 year preceeding use of thefield standards. This verification of accuracy may take the form of a ‘‘Report ofTest for Weights and Measures Standards’’ or a similar document.

Cross References

This section cited in 70 Pa. Code § 4.13 (relating to reporting procedures for CEWM).

§ 6.4. Registration procedure.(a) Filing of registration form required. An individual person who is

employed or engaged in the business of selling, installing, servicing or repairingcommercially used weighing or measuring devices shall submit a complete reg-istration form to the Department, unless the commercially used weighing andmeasuring device being sold, installed, serviced or repaired is a UPC scanningsystem, a PLU device or a component of either system or device.

(b) Registration form. An individual person seeking to register with theDepartment under this chapter may obtain a registration form from the Depart-ment at the address in § 2.2 (relating to contacting the Department). The prospec-tive registrant shall complete the form and return it to that same address. Theregistration form shall require the following information:

(1) The name and mailing address of the person seeking to register withthe Department.

(2) A designation of whether the person seeking to register with theDepartment is a seller, installer, servicer or repairer of commercially usedweighing and measuring devices.

(3) The name and address of any business through which the person seek-ing to register with the Department is employed as a seller, installer, serviceror repairer of commercially used weighing or measuring devices.

(4) A designation of the category or type of weighing or measuring devicesold, installed, serviced or repaired by the person seeking to register with theDepartment.

(5) If the person seeking to register with the Department is an installer,servicer or repairer of commercially used weighing or measuring devices, a



copy of the current verification from the State Metrology Laboratory that thefield standards used by that person are accurate.


(7) The date of the application.(8) The signature of the person seeking to register with the Department.(9) Other information the Department might reasonably require for regis-

tration.(c) Departmental action on registration form. The Department will, within 30

days of receiving a complete registration form, mail the person who filed the reg-istration form a registration card. If the registration form is incomplete, illegibleor otherwise deficient, the Department will notify the person who filed the regis-tration form, in writing, of the problem and the action required to resolve it. Ifthe Department notifies a person who filed a registration form of some deficiency,its review and consideration of the registration form will cease until the defi-ciency is corrected, at which time the 30-day review period shall begin again.

Cross References

This section cited in 70 Pa. Code § 6.7 (relating to expiration/renewal of registration).

§ 6.5. Registration card.(a) Form of registration card. The Department will provide a registrant under

this chapter a registration card that may be carried conveniently on a registrant’sperson.

(b) Contents of registration card. A registration card will bear the followinginformation:

(1) The name of the person to whom it is issued.(2) The category or type of weighing or measuring device with respect to

which the person is registered.(3) The effective date of registration.(4) The maximum expiration date of the registration, which, in accordance

with § 6.7 (relating to expiration/renewal of registration), is 3 years from thedate of registration.

(5) A unique identification number.(6) A photograph of the person to whom it is issued.(7) A statement that the person identified on the registration card has reg-

istered with the Department in accordance with section 4113 of the act (relat-ing to registration of sellers, installers and repairers of weighing and measuringdevices).

(8) Other information the Department might reasonably include on theregistration card.(c) Ownership of registration card. A registration card issued by the Depart-

ment will remain the property of the Department. A registrant or other person


6-3(255649) No. 296 Jul. 99

having physical possession of the registration card shall, upon written notice fromthe Department, surrender and return the registration card to the Department.

(d) Obligation to produce registration card for inspection. A registrant underthis chapter shall possess the registration card whenever selling, installing, servic-ing or repairing a commercially used weighing or measuring device.

Cross References

This section cited in 70 Pa. Code § 6.2 (relating to registration requirement).

§ 6.6. Newly-installed or repaired commercial weighing and measuringdevices.

(a) Inspection required. A newly-installed or repaired commercial weighingor measuring device, other than a UPC scanning system or PLU device, may notbe used in commerce unless it has been inspected and sealed in accordance withthe act and this part, or unless use in commerce occurs during a period of condi-tional short-term use as described in subsection (d).

(b) Responsibilities of installer or repairer. A registrant under this chaptershall promptly notify the Department of a commercial weighing or measuringdevice it installs or repairs. Although the initial notification may be made by tele-phone, written notice shall be mailed, faxed or delivered to the Department within48 hours of the installation or repair. The written notice shall provide the follow-ing with respect to the device:

(1) The location of the newly-installed or repaired device, the date of theinstallation or repair and a statement of whether the device is a newly-installeddevice or a repaired device.

(2) The manufacturer’s name or brand name.(3) The model number listed on the device.(4) The capacity of the device, if applicable.(5) The serial number of the device.(6) The category or type of weighing or measuring device to which the

newly-installed or repaired device belongs.(7) The name and telephone number of a contact person through which the

Department, a county sealer or a city sealer may arrange an inspection of thedevice.(c) Responsibilities of inspector.

(1) State inspectors. If the Department has not delegated inspection respon-sibility to a county sealer or city sealer, it will inspect the newly-installed orrepaired weighing or measuring device at the earliest date practicable, butwithin 15 days of the installation or repair, and affix a seal (as required) if thedevice meets the requirements of the act and this part.

(2) County sealers and city sealers. If the Department has delegated thisinspection responsibility to a county sealer or city sealer, it will promptly notifythe sealer of the installation or repair and the sealer shall inspect the newly-



installed or repaired weighing or measuring device at the earliest date practi-cable, but within 15 days of the installation or repair, and affix a seal (asrequired) if the device meets the requirements of the act and this part.(d) Conditional short-term use. If the installer has fulfilled the responsibili-

ties described in subsection (b), an uninspected, newly-installed or repaired com-mercial weighing or measuring device may be used in commerce for no morethan 15 days from the date of installation or repair. If, for any reason, the inspec-tion referenced in subsection (c) is not accomplished during this 15-day period ofconditional short-term use, the device will be removed from commercial use untilthe inspection is completed and the Department is notified of the completedinspection.

§ 6.7. Expiration/renewal of registration.If a person is registered under this chapter, registration shall expire 3 years

from the date the registration card is issued. If, as a condition of registration inaccordance with § 6.4(b)(5) (relating to registration procedure), the registrantwas required to submit a copy of the current verification from the State Metrol-ogy Laboratory that the field standards used by that person are accurate, registra-tion shall expire as of the expiration of that verification. Registration may berenewed by following the registration procedure in § 6.4.

Cross References

This section cited in 70 Pa. Code § 6.5 (relating to registration card).


6-5(255651) No. 296 Jul. 99

[Next page is 7-1.]


CHAPTER 7. REGISTRATION AND REPORT OF INSPECTION OFCOMMERCIAL WEIGHING AND MEASURING DEVICES

Sec.7.1. Purpose.7.2. Weighing and measuring devices affected.7.3. Requirement: registration of devices by owners.7.4. Report by inspectors.7.5. Registration process.

Authority


Source


§ 7.1. Purpose.This chapter is intended to establish the program described in section 4114 of

the act (relating to registration and report of inspection and testing of weighingand measuring devices used for commercial purposes), requiring the registrationand reporting of inspection and testing of those commercially used weighing andmeasuring devices required to be tested and inspected in accordance with section4112 of the act (relating to general testing and inspections).

§ 7.2. Weighing and measuring devices affected.This chapter applies to the following:

(1) Weights and measures used in determining the weight, measurement orcount of commodities or things sold, offered or exposed for sale on the basisof weight, measure or count.

(2) Weights and measures used in computing the basic charge for servicesrendered on the basis of weight, measure or count or of devices used to dis-pense services on time.

(3) Commercially used small capacity retail computing scales, retail pack-age shipping scales, vehicle scales, small platform scales which weigh items to1,000 pounds, truck-mounted fuel oil meters, truck-mounted liquid petroleumgas meters, compressed natural gas meters and retail motor fuel dispensers.

(4) Commercially used UPC scanning systems and PLU devices.

Cross References

This section cited in 70 Pa. Code § 7.3 (relating to requirement: registration of devices by own-ers); 70 Pa. Code § 7.4 (relating to report by inspectors); and 70 Pa. Code § 7.5 (relating to registra-tion process).

Ch. 7 REGISTRATION AND REPORT OF INSPECTION 70 § 7.1

7-1(255653) No. 296 Jul. 99

§ 7.3. Requirement: registration of devices by owners.(a) Owners required to register. The owner of any weighing or measuring

device described in § 7.2 (relating to weighing and measuring devices affected)shall register the device with the Department in accordance with the procedure in§ 7.5 (relating to registration process).

(b) Exception: certain establishments engaged in the retail sale of gasoline.Subsection (a) notwithstanding, an establishment involved in the retail sale ofgasoline for use in the fuel supply tanks of motor vehicles, which is required toobtain an annual liquid fuels permit from the Department of Revenue in accor-dance with 75 Pa.C.S. Chapter 90 (relating to Liquid Fuels and Fuels Tax Act),shall be exempt from the registration requirement.

(c) Owners required to report registered devices that are subsequentlyremoved from commercial use: exception. The owner of a weighing and measur-ing device registered with the Department in accordance with this chapter shallreport the removal of that device from commercial use within 30 days of theremoval.

(1) The report shall be in writing, and shall clearly identify the device andthe location with respect to which it was registered.

(2) The report shall be directed to the Department, at the address in § 2.2(relating to contacting the Department).

§ 7.4. Report by inspectors.(a) City or county sealer. A city or county sealer who tests or inspects a

weight or measure described in § 7.2(1) or (2) (relating to weighing and measur-ing devices affected), in accordance with section 4112 of the act (relating to gen-eral testing and inspections), and under a memorandum of understanding with theDepartment, shall submit a monthly written report to the Department. This writ-ten report shall be submitted to the Department by the 15th day of each month,and shall describe the following with respect to work performed in the precedingmonth:

(1) A summary of the work performed.(2) A description of the weights, measures and weighing and measuring

devices inspected or tested, the date of the inspection or test and the results ofthe inspection or test.

(3) A description of the nature and result of all criminal prosecutions ofviolations of the act or this chapter.(b) CEWM. A CEWM who tests and inspects a weighing or measuring device

described in § 7.2(3) in accordance with section 4112(b) of the act shall reportthe inspection to the Department set forth in § 4.13 (relating to reporting proce-dures for CEWM).

(c) Certified UPC/PLU inspector. A certified UPC/PLU inspector who testsand inspects a UPC scanning system or PLU device described in § 7.2(4) in



accordance with section 4112(c) of the act shall report the inspection to theDepartment in the manner in § 5.12 (relating to inspections: reporting proce-dures).

§ 7.5. Registration process.(a) Persons required to register commercialy used weighing and measuring

devices. The owner of a weighing or measuring device described in § 7.2 (relat-ing to weighing and measuring devices effected) shall register the device with theDepartment in accordance with the procedure in this section.

(b) Obtaining a registration form. The Department will provide an approvedweighing or measuring device registration form upon request. The form will beformatted so that multiple devices can be registered using a single form. In lieuof the form provided by the Department, a person may use a form of his ownconstruction, as long as the information in subsection (c) appears in a legible andunderstandable fashion on the document.

(c) Required information.(1) Information to be included. A weighing or measuring device registra-

tion form shall require the following information:(i) The name and address of the person registering the device.(ii) The location of the device.(iii) The manufacturer’s name or brand name.(iv) The model number listed on the device.(v) The capacity of the device, if applicable.(vi) The serial number of the device.(vii) The category or type of weighing or measuring device to which the

newly-installed device belongs.(2) Exception. If the weighing or measuring device being registered is a

UPC scanning system or PLU device, the registrant may provide the informa-tion required under paragraph (1)(i) and (ii), and provide a general descriptionof the various components of the system or device rather than the informationrequired under paragraph (1)(iii)—(vii).(d) Time for filing the form.

(1) General. A person required to file a registration form shall do so within30 days of the installation of a weighing or measuring device with respect towhich registration is required, unless the registrant belongs within one of thecategories of registrant described in paragraph (2), (3) or (4).

(2) Food establishments. A food establishment shall register its weighingand measuring devices at the same time it submits its annual registration to theDepartment under the Food Act.

(3) Public eating and drinking places. A public eating and drinking placeshall register its weighing and measuring devices at the time it submits itsannual license fee under the Public Eating and Drinking Place Law.

Ch. 7 REGISTRATION AND REPORT OF INSPECTION 70 § 7.5

7-3(255655) No. 296 Jul. 99

(4) Commercial feed facilities. A commercial feed facility shall register itsweighing and measuring devices at the time it submits its annual license feeunder 3 Pa.C.S. § 5103 (relating to licensing).(e) Action by Department. The Department will review each registration form

it receives under this chapter and, within 30 days of receiving the form, mail theregistrant a registration document or a written request for clarification of inaccu-rate or illegible material on the form. If the Department requests additional clari-fication, its review and consideration of the registration form will cease until therequested clarification is received, at which time the 30-day review period shallbegin again.

(f) Registration document. The registration document shall be in the form ofa letter from the Director appended to a copy of the registration form. Registra-tion shall remain valid until the registered device is moved to a new location.

Cross References

This section cited in 70 Pa. Code § 7.3 (relating to requirement: registration of devices by own-ers).

[Next page is 8-1.]



CHAPTER 8. TRAINING PROGRAM FOR INSPECTORSAND SEALERS

Sec.8.1. Purpose.8.2. General adoption of NIST training program.8.3. Training and certification with respect to individual types of weighing and

measuring devices.8.4. Prior training.8.5. Supplemental or refresher training.

Authority


Source


Cross References

This section cited in 70 Pa. Code § 2.1 (relating to definitions).

§ 8.1. Purpose.This chapter is intended to establish the minimum training requirements for

State inspectors, county sealers and city sealers, under section 4115 of the act(relating to training program).

§ 8.2. General adoption of NIST training program.(a) General. The training program prescribed by NIST for inspectors and

sealers of weights and measures is adopted as the minimum training requirementfor State inspectors, county sealers and city sealers under the act and this title.

(b) NIST training course 102. As of January 1, 2000, a State inspector, countysealer or city sealer shall successfully complete NIST training course 102,entitled ‘‘Introduction to Handbook 44,’’ or a successor course thereto, to meetthe minimum training requirements of the act and this chapter.

Cross References

This section cited in 70 Pa. Code § 8.3 (relating to training and certification with respect to indi-vidual types of weighing and measuring devices).

§ 8.3. Training and certification with respect to individual types of weigh-ing and measuring devices.

An inspector or sealer shall successfully complete applicable NIST trainingwith respect to each type of weighing or measuring device he seeks to test orinspect under authority of the act. In addition to the general training described in§ 8.2 (relating to general adoption of NIST training program), the following

Ch. 8 TRAINING PROGRAM 70 § 8.1

8-1(255657) No. 296 Jul. 99

training or certification, or both, is required of persons who inspect or test par-ticular types of weighing or measuring devices:

(1) UPC scanning systems and PLU devices. A State inspector, countysealer or city sealer shall be a certified UPC/PLU inspector, as described inChapter 5 (relating to UPC scanning systems and PLU devices), as a prerequi-site to inspecting UPC scanning systems or PLU devices for purposes of theact.

(2) Types of weights and measures referenced in § 4.4. A State inspector,county sealer or city sealer shall successfully complete the applicable trainingcourse indicated on the current list of NIST training courses in § 4.6 (relatingto training courses) as a prerequisite to inspecting or testing any of the catego-ries and types of weighing and measuring devices in § 4.4 (relating to catego-ries and types of weighing and measuring devices which a CEWM mayinspect) for purposes of the act.

(3) Other weights and measures with respect to which NIST trainingcourses exist. If there exists a NIST training course applicable to a specific cat-egory or type of weighing and measuring device not described in paragraph (1)or (2), a State inspector, county sealer or city sealer shall successfully completethat training course as a prerequisite to inspecting or testing that category ortype of device for purposes of the act.

§ 8.4. Prior training.A State inspector, county sealer or city sealer who has successfully completed

a NIST training course prior to May 8, 1999, and who has continued to work asa State inspector, county sealer or city sealer since completing the course, andwho provides the Department a copy of the applicable course completion certifi-cate or other documentation evidencing completion of the course, shall bedeemed to have met the minimum training requirements of this chapter withrespect to any category or type of weighing and measuring device addressed inthat NIST training course. The Department will mail the inspector or sealer writ-ten confirmation that the sealer or inspector is deemed to have met these require-ments within 10 days of receiving the referenced certificate or documentation.

§ 8.5. Supplemental or refresher training.The Department may develop supplemental training courses or refresher

courses for State inspectors, county sealers or city sealers. The Department mayrequire the successful completion of a course by a State inspector, county sealeror city sealer by providing the inspector or sealer written notice of this require-ment. The Department will afford an inspector or sealer at least 6 months withinwhich to complete the training course or refresher course, and will schedule asufficient number of course sessions to allow all inspectors and sealers to attend.

[Next page is 9-1.]



CHAPTER 9. WEIGHMASTERS

GENERAL

Sec.9.1. Purpose.9.2. Definitions.9.3. License required.9.4. Qualifications.9.5. Application for a public weighmaster’s license.9.6. Term of license; subsequent licenses.9.7. Format of a public weighmaster’s license.9.8. Display of license required.9.9. Commodities sold by weight.9.10. Weighmaster’s certificate.9.11. Issuing a public weighmaster’s certificate.9.12. Retention and inspection of certificates.

SOLID FUEL

9.21. Weighmaster’s certificate required.9.22. Sales by employer-producer to employes.9.23. Certificate affecting weighing requirements.9.24. Limitations of certificate for anthracite.9.25. Responsibilities of weighmasters.9.26. Certificate of special transportation.9.27. Issuance of weighmaster certificates with respect to mine track scales and tipple

scales.9.28. Reweighing and issuance of certificates.9.29. Reciprocity with New York.

Authority


Source


GENERAL

§ 9.1. Purpose.

This chapter is intended to establish terms, conditions and procedures appli-cable to the licensure and performance of licensed public weighmasters in accordance with Subchapter C of the act (relating to public weighmasters).

Ch. 9 WEIGHMASTERS 70 § 9.1

9-1(255659) No. 296 Jul. 99

§ 9.2. Definitions.The following words and terms, when used in this chapter, have the following

meanings, unless the context clearly indicates otherwise:Gross weight—Total weight of vehicle and load.Net weight—Gross weight less tare weight.Public weighing—The weighing of a commodity for a commercial purpose.Tare weight—The actual weight of only the vehicle.Weighmaster’s certificate—A document in the format in § 9.11 (relating to

issuing a public weighmaster’s certificate), evidencing that the issuer islicensed by the Department in accordance with section 4151 of the act (relat-ing to licenses), has weighed the material described in that document on anapproved scale which has been tested for accuracy, and has complied with rel-evant provisions of this chapter.

§ 9.3. License required.A person may not assume the title ‘‘licensed public weighmaster’’ or any title

of similar import, perform the duties or acts to be performed by a licensed publicweighmaster under the act or this chapter, hold himself out as a licensed publicweighmaster, issue a weighmaster’s certificate, ticket memorandum or statementor engage in the full-time or part-time business of public weighing unless theperson holds a valid license as a licensed public weighmaster.

§ 9.4. Qualifications.A person shall meet the following requirements to be qualified to apply for a

public weighmaster’s license:(1) The prospective applicant shall be at least 18 years of age as of the date

of application.(2) The prospective applicant shall own or have use of a type of weighing

device approved by the Bureau in accordance with Subchapter D of the act(relating to device type approval) and with Chapter 10 (relating to device typeapproval) and approved by a weights and measures officer of the Common-wealth for use as of the date of application.

§ 9.5. Application for public weighmaster’s license.(a) Obtaining an application form. The Department will provide a person an

application form for a public weighmaster’s license upon request. Requestsshould be directed to the Department at the address in § 2.2 (relating to contact-ing the Department).

(b) Requirements of the form. The application form for a public weighmas-ter’s license shall require the following information of the applicant:

(1) The name and address of the business for which the licensed publicweighmaster would be conducting weighing.



(2) The name, address and age of the applicant.(3) The location of the scales where weighing would be conducted by the

licensed public weighmaster.(4) Verification that the scales referenced in paragraph (3) have been

inspected and approved by a State inspector, county sealer or city sealer inaccordance with the act and this part.(c) License fee. The fee for a public weighmaster’s license is $60. This fee

shall be by check or money order made payable to the ‘‘Commonwealth of Pa.’’(d) Submitting the application and fee. An applicant for a public weighmas-

ter’s license shall submit a completed application form and the license fee to theDepartment at the address in § 2.2.

(e) Departmental action on application. The Department will, within 30 daysof receiving a completed application form and the correct license fee, do one ofthe following:

(1) Mail the applicant a public weighmaster’s license.(2) If the application form is incomplete, illegible or otherwise deficient,

the Department will mail the applicant written notice of the problem and theaction required to resolve it. If the Department notifies an applicant of a defi-ciency, its review and consideration of the application will cease until the defi-ciency is corrected, at which time the 30-day review period will begin again.

(3) Refer the application to a county or city inspector of weights and mea-sures for a report to be delivered to the Department within 30 days of receiptof the referral as to the accuracy of the statements made on the application, thesuitability of the scales to be used by the applicant and other information theDepartment might reasonably require, mail the applicant written notice of thisreferral and advise the applicant that the Department will complete its reviewof the application within 30 days of receiving the report from the entity towhom the application was referred.

Cross References

This section cited in 70 Pa. Code § 9.6 (relating to term of license; subsequent licenses).

§ 9.6. Term of license; subsequent licenses.(a) Term. A public weighmaster’s license is valid for 2 years from the date it

is issued.(b) Subsequent licenses. A licensed public weighmaster shall follow the appli-

cation process described in § 9.5 (relating to application for public weighmas-ter’s license) to acquire a new license. To avoid a lapse in licensure, a licensedpublic weighmaster is encouraged to apply for a new license at least 60 days inadvance of the expiration of the current license.

(c) Change of status. If there is a change to a name or address provided theDepartment on the public weighmaster’s license application, the licensed publicweighmaster shall notify the Department of this change within 48 hours of its


9-3(255661) No. 296 Jul. 99

occurrence. Although this notification may be made by a telephone to meet this48 hour deadline, the licensed public weighmaster shall subsequently mail ordeliver written notice of this change to the Department within 7 days of itsoccurrence.

§ 9.7. Format of a public weighmaster’s license.A public weighmaster’s license issued by the Department under this subchapter

will contain the following:(1) The name of the person to whom it is issued.(2) A unique license number assigned to the public weighmaster.(3) The name and address of the business for which the licensed public

weighmaster conducts public weighing.(4) The location of the scales where the licensed public weighmaster con-

ducts public weighing.(5) The date the license was issued.(6) The date the license will expire.(7) Other information the Department deems reasonable for a public

weighmaster’s license.

§ 9.8. Display of license required.A licensed public weighmaster shall conspicuously display the license, or a

photocopy of the license, at the place where the licensed public weighmaster isengaged in weighing.

§ 9.9. Commodities sold by weight.A commodity to be sold by weight in this Commonwealth shall be weighed by

a licensed public weighmaster at the time of sale or delivery on scales whichmeet the following requirements:

(1) The scales are suitable for weighing the tare and gross weight of thevehicle or vehicle and trailer transporting the commodity.

(2) The scales are located within this Commonwealth.(3) The scales are of a type approved by the Department in accordance

with Subchapter D of the act (relating to device type approval) and Chapter 10(relating to device type approval).

(4) The scales measure weights of greater than 1,000 pounds.

§ 9.10. Weighmaster’s certificate.(a) Certificates required. A licensed public weighmaster shall, at the licensed

public weighmaster’s own expense, have a supply of weighmaster’s certificatesformatted in accordance with subsection (b). The Bureau will provide a sampleweighmaster’s certificate upon request.

(b) Contents. A weighmaster’s certificate shall contain the following informa-tion:



(1) The kind and size of the commodity.(2) The name and address of the seller.(3) The name and address of the purchaser.(4) The license number of the vehicle and trailer, or other means of its per-

manent identification.(5) The signature and license number of the licensed public 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, if the load is divided intolots, the net weight of each lot.

(8) A sequential serial number.(9) Other relevant information the licensed public weighmaster deems nec-

essary.(c) Triplicate form. A weighmaster’s certificate shall be prepared in triplicate.(d) Distinguishing original from copies. The original weighmaster’s certifi-

cate shall bear the words ‘‘Customer’s Copy,’’ and the two copies shall bear thewords ‘‘Void—Customer Do Not Accept.’’

(e) Variations in format and size. The form and size of a weighmaster’s cer-tificate may be such as to suit any system or accounting device, as long as thecertificate otherwise meets the requirements of this chapter.

§ 9.11. Issuing a public weighmaster’s certificate.

(a) General requirement. A licensed public weighmaster shall issue a weigh-master’s certificate with respect to any public weighing the licensed publicweighmaster conducts.

(b) Required weighing device. A licensed public weighmaster shall, whenmaking a public weighing, use a weighing device which is of a type approved bythe Department in accordance with Subchapter D of the act (relating to devicetype approval) and Chapter 10 (relating to device type approval), suitable for theweighing of the amount and kind of commodity to be weighed and which hasbeen tested and approved for use by a weights and measures officer of this Com-monwealth preceding the date of the weighing.

(c) Order of issuance. A licensed public weighmaster shall issue weighmas-ter’s certificates in consecutive order of the serial numbers affixed thereon.

(d) Computer generated, typewritten or indelible pencil. The original weigh-master’s certificate shall be computer generated, typewritten or completed withindelible pencil.

(e) One licensed public weighmaster per certificate. A public weighmaster’scertificate shall be entirely the product of a single licensed public weighmaster. Alicensed public weighmaster may not enter a weight value on a weighmaster’s


9-5(255663) No. 296 Jul. 99

certificate unless the public weighmaster has personally determined that weight,and may not make any entry on a weighmaster’s certificate of another licensedpublic weighmaster.

(f) Clarity required. A licensed public weighmaster shall issue a completeand accurate weighmaster’s certificate that legibly shows what weights wereactually determined. If the certificate form provides for the entry of gross, tareand net weights, and the licensed public weighmaster determines fewer than thesethree weights, the weighmaster shall strike through or otherwise cancel theseundetermined weights on the certificate. If weights recorded on a certificate weredetermined on different dates, the certificate shall clearly report these dates. If theweights recorded on the certificate were determined using different scales, thecertificate shall clearly identify these scales.

(g) Reweighing solid fuel. A licensed public weighmaster may not reweigh orissue a weighmaster’s certificate for solid fuel unless the motor vehicle operatorhas surrendered the original and all duplicate weighmaster’s certificates in hispossession pertaining to the solid fuel. The licensed public weighmaster shallattach these certificates to the scale copy of the new weighmaster’s certificate.The new certificate shall be retained in a manner that they may be easily recon-ciled. These provisions notwithstanding, a duplicate copy of the original weigh-master’s certificate may be returned to the operator of the vehicle if it is obliter-ated with a rubber stamp using the following legend:

This solid fuel has been reweighed and this certificate should not beaccepted. Any attempt to use this certificate to deliver solid fuel should bereported to your local or State inspector of weights and measures at once.(h) Distribution of original and copies.

(1) The original of a weighmaster’s certificate shall be delivered to thepurchaser of the commodity specified in the certificate at the time of delivery.

(2) One copy of a weighmaster’s certificate shall be maintained at theplace of weighing for a period of at least 2 years. A copy of a weighmaster’scertificate may be retained by the business selling or delivering the commod-ity.

Cross References

This section cited in 70 Pa. Code § 9.2 (relating to definitions).

§ 9.12. Retention and inspection of certificates.

A licensed public weighmaster is responsible to retain a copy of each weigh-master’s certificate the public weighmaster issues for at least 2 years. Theserecords shall be subject to inspection or subpoena for use as evidence by anyState, county or city inspector of weights and measures.



SOLID FUEL

§ 9.21. Weighmaster’s certificate required.(a) Rule for lots exceeding 100 pounds. A person may not sell, transport over

a public highway, deliver or cause to be delivered or start out to deliver a solidfuel in a lot or lots in amounts exceeding 100 pounds unless each lot is in a sepa-rate compartment of the vehicle or vehicle and trailer and each lot is accompa-nied by a weighmaster’s certificate.

(b) Exceptions. The rule in subsection (a) does not apply to solid fuel whenany of the following occur:

(1) The weighing takes place at the point of delivery or sale.(2) The producer of the solid fuel furnishes proof, satisfactory to the

Department or to an inspector of weights and measures, that the solid fuelbeing transported comes from the producer’s own mine, is the producer’s ownproperty and is being transported for purposes other than sale.

(3) The sale transaction entails the sale of a boatload or railroad carload ofsolid fuel delivered directly from the boat or car to a purchaser and accepted asto weight by the purchaser on the bill of lading or other voucher issued by thecarrier.(c) Rule for lots of 100 pounds or less. A person may not sell, transport over

a public highway, deliver or cause to be delivered or start out to deliver a solidfuel in a lot or lots in amounts of 100 pounds or less unless each lot is in a sepa-rate compartment of the vehicle or vehicle and trailer and each lot is accompa-nied by a weighmaster’s certificate. These requirements need not be met if thesolid fuel is in closed containers or closed bags and the following information isplainly printed on the container or bag or on a tag securely attached to the con-tainer or bag:

(1) The net contents of the container or bag (expressed in avoirdupoispounds).

(2) The type of solid fuel.(3) The name, address, city, state and zip code of the seller.

§ 9.22. Sales by employer-producer to employes.(a) Sales generally. If it is specified under a contract, an employer-producer

of solid fuel may sell solid fuel at cost, by cubic contents instead of weight, to itsemployes for their own use and consumption. No solid fuel sold in this way maybe transported over a public highway unless the operator of the vehicle possessesa certificate of origin.

(b) Obtaining a certificate of origin. The Department will provide a samplecopy of a certificate of origin upon request. A sample certificate may be photo-copied for use by a producer-employer.

(c) Content of certificate of origin. A certificate of origin shall require thefollowing:


9-7(255665) No. 296 Jul. 99

(1) The name and address of the producer-employer.(2) A description of the type and approximate cubic volume of the solid

fuel being transported.(3) The destination of the solid fuel.(4) A statement that the certificate of origin is issued in accordance with

section 4168 of the act (relating to sales by employer-producer to employees).(5) The signature of the employer-producer or its agent.

(d) Record retention. A copy of a certificate of origin issued under section4168 of the act shall be retained at the place of production for at least 2 years,and shall, during business hours, be subject to inspection or subpoena for use asevidence by any State, county or city inspector of weights and measures.

§ 9.23. Certificate affecting weighing requirements.(a) Authorization to haul without weighmaster’s certificate.

(1) The Department will issue an authorization allowing a person to haulsolid fuel on the public highways for a distance of up to 10 miles from thepoint of origin of the solid fuel without a weighmaster’s certificate if all of thefollowing occur:

(i) There are no scales at the point of origin of the solid fuel, or thescales are inadequate, inaccurate or otherwise incapable of providing theaccurate readings necessary for the production of a weighmaster’s certificate.

(ii) The solid fuel has been loaded into a vehicle by the producer of thesolid fuel.

(iii) The sale of the solid fuel has not been consumated and the deliveryof the solid fuel to the consumer has not yet begun.

(iv) There are adequate scales to weigh the solid fuel within 10 miles ofthe point of origin of the solid fuel.(2) If the Department issues the authorization described in this subsection,

the person to whom it is issued shall haul the solid fuel to the nearest availablescale of a licensed public weighmaster, but no more than 10 miles from thepoint of origin of the solid fuel. At this scale, the weight of the solid fuel shallbe determined so that the producer of the solid fuel is able to consumate itssale. The trucker will be furnished with a weighmaster’s certificate for the solidfuel before departure of the solid fuel from the scale for delivery to the con-sumer.(b) Certificate of transport. A conveyor of solid fuel operating under this sec-

tion shall have in his possession at all times during the period of transport frompoint of origin to place of weighing and departure for delivery a certificate oftransport containing the following information:

(1) The date on which the certificate is issued.(2) The time of leaving the mine or breaker.(3) The name of the driver of the transporting vehicle.(4) The license number of the transporting vehicle and trailer.



(5) The name of the owner or lessor of the mine or breaker.(6) The location of the mine or breaker.(7) The location of the scale to which solid fuel is being conveyed.

(c) Source and disposition of certificate of transport. The certificate of trans-port shall be furnished by the owner or lessor of the mine or breaker and surren-dered to the weighmaster upon issuance of the weighmaster’s certificate.

(d) Registration. An owner or lessor of mines or breakers operating under thissection shall register with the Department by letter to the address in § 2.2 (relat-ing to contacting the Department), and provide a copy of this registration letter toany county sealer or city sealer having enforcement authority with respect to thearea from which the solid fuel originates or the scales to which it is to be trans-ported. The registration shall include the name and location of the mines orbreakers and the names and locations of the scales to which the owner or lessorproposes to transport solid fuel for the purpose of weighing before starting it outfor delivery.

Cross References

This section cited in 70 Pa. Code § 9.24 (relating to limitations of certificate for anthracite).

§ 9.24. Limitations of certificate for anthracite.(a) Certificate of quality required. If solid fuel is transported to a licensed

public weighmaster under authority of a certificate of transport as described in§ 9.23 (relating to certificate affecting weighing requirements), and the solid fuelis anthracite (excluding barley and smaller sizes), the weighmaster may not weighthe anthracite unless the certificate of transport is accompanied by a certificate ofquality. A certificate of quality shall be made out in ink or indelible pencil, intriplicate, with the original bearing the legend ‘‘original’’ and the copies bearingthe legend ‘‘copy’’ in 1 inch letters diagonally across the face. A certificate ofquality shall be sufficiently mucilaged at the left end to permit it to be securelyattached to the corresponding copies of the certificate of the weighmaster as pro-vided in subsection (b). The format of the certificate of quality shall be as fol-lows:

CERTIFICATE OF QUALITYPENNSYLVANIA ANTHRACITE STANDARDS LAW

Name of Producer

ADDRESS OF PREPARATION PLANT OR BREAKERWeighmaster’s Certificate Serial No.Quality Certificate Serial No.

DateName and Address of Purchaser or Consignee:Size of AnthraciteModel and Registration Number of Transporting Vehicle


9-9(255667) No. 296 Jul. 99

ATTESTED: ‘‘STANDARD ANTHRACITE’’ or ‘‘SUBSTANDARDANTHRACITE’’(State which kind)

(Name of Shipper)By:

(Signature or facsimile signature)(Authorized officer, partner or owner)

(b) Requirements. The weighmaster may not deliver the weighmaster’s cer-tificate to the transporter until the weighmaster has first inserted the serial num-ber of the weighmaster’s certificate on copies of the certificate of quality andsecurely attached the certificate of quality to the appropriately correspondingcopies of the weighmaster’s certificate, including the scale copy.

§ 9.25. Responsibilities of weighmasters.

Weighmasters will be held responsible and their licenses will be subject torevocation for negligence, failure to abide by the requirements of this chapter orfailure to reconcile their records.

§ 9.26. Certificate of special transportation.

(a) Requirement. If coal is not offered for sale and it is necessary to transportthe coal over the public highway from the point of mining, stripping operation orculm bank to railroad cars, coke ovens, breakers, washery or other form ofpreparation plants, the operator of the vehicle transporting the coal shall possessa certificate of special transportation, containing the following information, writ-ten in ink or indelible pencil:

(1) The date and time on which the certificate was issued.(2) The license number of the truck (if a truck is the transport vehicle).(3) The name of the owner or lessor of the mine, stripping operation or

culm bank.(4) The destination of the transport vehicle.(5) The purpose for which the coal is being transported: that is, coking,

preparation for sale or preparation for transport in railroad cars.(b) Issuance and surrender. The driver of each truck shall possess a new cer-

tificate of special transportation each day the driver hauls the coal described insubsection (a).

(1) The certificate of special transportation shall be issued to the driver ator before the driver starts out for that day’s deliveries.

(2) The certificate shall be issued by a responsible employe of the operatorof the mine, stripping operation, culm bank from which the coal is to be trans-ported, or by a responsible employe of the preparation plant to which the coalis to be delivered.



(3) The driver shall surrender the certificate of special transportation to aresponsible person at the point of delivery of the last load of the day.

(4) The recipient of the certificate of special transportation shall retain thecertificate for at least 90 days.(c) Other requirements. Certificates of special transportation shall be con-

secutively numbered, made in duplicate and shall be furnished by and at theexpense of the operator. The duplicate shall be retained at the point of issuancefor 90 days.

§ 9.27. Issuance of weighmaster certificates with respect to mine trackscales and tipple scales.

Weighmaster certificates, as prescribed by the act, may be issued by licensedweighmasters of mine track scales or tipple scales if there is compliance with thefollowing:

(1) The operator of the vehicle shall present to the weighmaster a weigh-master’s certificate showing the tare weight prior to loading.

(2) The net weight of the solid fuel being loaded in the vehicle shall bedetermined at the time of loading by determining the gross weight of the loadedmine cars or buggies and deducting the tare weight of the mine cars or bug-gies.

(3) The gross weight shall be determined by adding the tare weight and thenet weight.

§ 9.28. Reweighing and issuance of certificates.

(a) Conditions of reweighing. A licensed weighmaster may not reweigh orissue a weighmaster’s certificate for solid fuel unless the motor vehicle operatorhas surrendered the original and duplicate weighmaster’s certificates in his pos-session pertaining to the solid fuel. These certificates shall be attached by theweighmaster to the scale copy of the new weighmaster’s certificate. The newweighmaster’s certificate shall be issued and maintained in a manner that the newcertificate and any prior certificates may be easily reconciled. A duplicate copymay be returned to the operator of vehicle if the duplicate copy of the weighmas-ter’s certificate is obliterated with a rubber stamp using the following legend:

This solid fuel has been reweighed and this certificate should not beaccepted. Any attempt to use this certificate to deliver solid fuel should bereported to your local or State inspector of weights and measures at once.(b) Certain anthracite. In the case of anthracite, except barley and the smaller

sizes, before issuing the new certificates, the weighmaster shall accurately andlegibly imprint on the original and each copy the complete certificate of qualityrequired by the Anthracite Standards Law (73 P. S. §§ 261—269), as it appearson the surrendered certificates.


9-11(255669) No. 296 Jul. 99

(c) Consequence of failure to surrender weighmaster certificate. If the opera-tor refuses or fails to surrender the weighmaster certificate, the weighmaster shallrefuse to weigh the vehicle.

§ 9.29. Reciprocity with New York.State inspectors, county sealers and city sealers shall accept weight certificates

issued by a weighmaster licensed by the State of New York if the followingoccur:

(1) The commodity weighed is solid fuel.(2) The scales upon which the public weighing was performed are located

in New York, within 5 miles of the Pennsylvania/New York border.

[Next page is 10-1.]



CHAPTER 10. DEVICE TYPE APPROVAL

Sec.10.1. Purpose.10.2. Prohibition with respect to unapproved devices.10.3. General standard for approval by Department.10.4. Basic procedure.10.5. Meeting the general standard for approval.10.6. Application and review.10.7. Certificate of approval.10.8. Marking of approved devices.10.9. Specifications, variations and tolerances with respect to device type approval.10.10. Fees.

Authority


Source


Cross References

This chapter cited in 70 Pa. Code § 9.4 (relating to qualifications); 70 Pa. Code § 9.9 (relating tocommodities sold by weight); and 70 Pa. Code § 9.11 (relating to issuing a public weighmaster’s cer-tificate).

§ 10.1. Purpose.This chapter is intended to establish the procedures by which the Department

will review and approve or disapprove each type of weighing and measuringdevice intended for commercial use or in commercial use within this Common-wealth, in accordance with Subchapter D of the act (relating to device typeapproval) and this chapter.

§ 10.2. Prohibition with respect to unapproved devices.A person may not manufacture, offer or expose for sale or sell or give away

for use in trade or commerce any weighing and measuring device of a type notapproved in accordance with Subchapter D of the act (relating to device typeapproval) and this chapter.

§ 10.3. General standard for approval by the Department.The Department will approve a type of weighing and measuring device if the

type is so designed and constructed that it conforms to or gives correct results interms of values derived therefrom, is reasonably permanent in its indication andadjustment and does not facilitate the perpetration of fraud.

Ch. 10 DEVICE TYPE APPROVAL 70 § 10.1

10-1(255671) No. 296 Jul. 99

Cross References

This section cited in 70 Pa. Code § 10.5 (relating to meeting the general standard for approval);70 Pa. Code § 10.6 (relating to application and review); and 70 Pa. Code § 10.9 (relating to specifi-cations, variations and tolerances with respect to device type approval).

§ 10.4. Basic procedure.A person seeking approval of a type of weighing and measuring device shall

follow the application procedure in § 10.6 (relating to application and review).

§ 10.5. Meeting the general standard for approval.(a) Certificate of conformance from NCWM. The Department will approve a

type of weighing and measuring device if a certificate of conformance has beenissued by the National Type Evaluation Program administered by NCWM withrespect to that particular type of weighing and measuring device.

(b) Certificate of conformance from NIST. The Department will approve atype of weighing and measuring device if a certificate of conformance has beenissued by NIST with respect to that particular type of weighing and measuringdevice.

(c) UPC scanning systems and PLU devices. The Department will approve atype of UPC scanning system or PLU device if the person seeking approval candocument to the Department’s satisfaction that the type of weighing and measur-ing device meets the standard in § 10.3 (relating to general standard for approvalby the Department).

Cross References

This chapter cited in 70 Pa. Code § 10.6 (relating to application and review); and 70 Pa. Code§ 10.9 (relating to specifications, variations and tolerances with respect to device type approval).

§ 10.6. Application and review.(a) Obtaining an application. A person seeking the Department’s approval of

a particular type of weighing and measuring device shall request an approvedapplication form from the Department. The prospective applicant may contact theDepartment at the address in § 2.2 (relating to contacting the Department).

(b) Contents of application form. The application form shall require the fol-lowing information:

(1) The name and address of the applicant.(2) A detailed description of the type of weighing and measuring device

with respect to which approval is sought.(3) A copy of any certificate of conformance issued by the National Type

Evaluation Program administered by NCWM with respect to that type.(4) A copy of any certificate of conformance issued by NIST with respect

to that type.(5) Other documentation necessary to a reasoned determination by the

Department as to whether the type meets the general standard in §§ 10.3 and



10.5 (relating to general standard for approval by the Department; and meetingthe general standard for approval). If a certificate of conformance as describedin paragraph (3) or (4) is not submitted, a sample of the type—or specificationswith respect to the type—shall be submitted as part of the application.

(6) Either a precise description of the manner in which devices of the typewith respect to which approval is sought are clearly marked for purposes ofidentification with the name, initials or trademark of the manufacturer and withthe manufacturer’s designation which positively identifies the pattern or designof the device, or an explanation of the reason it is impracticable to mark thedevices as required by this section and a request for a waiver of some or all ofthese marking requirements under section 4174 of the act (relating to markingof approved weights and measures).

(7) Other information the Department might reasonably require in consid-ering approval.(c) Submitting the application. The applicant shall forward the completed

application form to the address in § 2.2.(d) Review by Department. The Department will complete its review of an

application within 30 days of receiving a complete application form. If theDepartment requests additional information from an applicant, this 30-day perioddoes not commence until the requested information is received. The Departmentwill approve a type of weighing and measuring device if it meets the standardsfor approval in §§ 10.3 and 10.5. The Department will mail the applicant eithera certificate of approval or a notice of disapproval within that 30-day period. Anotice of disapproval will contain an explanation of the basis upon which thedecision to disapprove was made, and otherwise meet the requirements of section4172 of the act (relating to certificates of approval; notice of disapproval;appeals).

(e) Review of decision to disapprove a device type. An applicant shall followthe procedure in section 4172 of the act to obtain review of a decision by theDepartment to disapprove a device type.

Cross References

This section cited in 70 Pa. Code § 10.4 (relating to basic procedure).

§ 10.7. Certificate of approval.(a) Content of certificate. A certificate of approval issued by the Department

under this chapter will contain the following:(1) The name and address of the person to whom it is issued.(2) A description of the type of approved weighing and measuring device.(3) A reference to the requirement that approved weighing and measuring

devices be clearly marked for purposes of identification with the name, initialsor trademark of the manufacturer and with the manufacturer’s designationwhich positively identifies the pattern or design of the device. This provision


10-3(255673) No. 296 Jul. 99

does not apply when a waiver is obtained from the Department in accordancewith section 4174 of the act (relating to marking of approved weights andmeasures).

(4) The date of issuance of the certificate.(5) Other information deemed relevant by the Department for inclusion in

the certificate.(b) Effect of issuance of certificate. The issuance of a certificate of approval

by the Department with respect to a type of weighing and measuring device con-firms that the type meets the standards for device type approval in Subchapter Dof the act (relating to device type approval) and this chapter, and is not a guaran-tee or verification of the correctness of any individual weight or measure belong-ing to that type.

§ 10.8. Marking of approved devices.

(a) General. A weighing and measuring device that is of a type approvedunder Subchapter D of the act (relating to device type approval) and this chaptershall be conspicuously, clearly and permanently marked in accordance with therepresentations made on the approval application, unless the Department grantsan exception in accordance with section 4174 of the act (relating to marking ofapproved weights and measures).

(b) UPC scanning systems and PLU devices. The Department is satisfied it isgenerally impracticable to mark a UPC scanning system or PLU device asrequired under section 4174 of the act. The Department will issue a certificate tothat effect to any manufacturer applying for the same. A certificate issued underthis subsection exempts the system or device described therein from having to bemarked as otherwise required under section 4174 of the act.

§ 10.9. Specifications, variations and tolerances with respect to device typeapproval.

(a) General. The specifications, variations and tolerances recommended byNIST and published in the NIST Handbook 44, and supplements thereto, or in apublication revising or superseding Handbook 44, shall be the specifications,variations and tolerances of the Department with respect to the approval of typesof weighing and measuring devices under this chapter.

(b) Meeting the standards.(1) If either NIST or NCWM has issued a certificate of conformance with

respect to a type of weighing and measuring device, that type shall be deemedto be in compliance with the specifications, variations and tolerances of theDepartment for device type approval.

(2) In determining whether to issue a certificate of approval with respectto a type of UPC scanning system or PLU device, the Department will apply



the general standard for approval in §§ 10.3 and 10.5 (relating to general stan-dard for approval by the Department; and meeting the general standard forapproval).

§ 10.10. Fees.The State Metrology Laboratory will charge a fee for conducting tests that may

be required for device type approval under this chapter, and for metrology labo-ratory calibration, type evaluation and any other testing services it performs underauthority of the act. These fees are set forth in § 110.2 (relating to State Metrol-ogy Laboratory fee schedule).

Authority

The provisions of this § 10.10 amended under the Consolidated Weights and Measures Act, 3Pa.C.S. §§ 4101—4194.

Source

The provisions of this § 10.10 amended October 28, 2005, effective October 29, 2005, 35 Pa.B.5985. Immediately preceding text appears at serial page (255675).


10-5(314889) No. 374 Jan. 06

PART II. PACKAGING AND LABELING

Chap. Sec.21. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21.123. CONSUMER PACKAGES, COMMODITIES AND CONTAINERS . . . 23.125. NONCONSUMER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25.127. EXEMPTIONS AND VARIATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.1


PRELIMINARY PROVISIONS

Sec.21.1. Definitions.21.2. Applicability.21.3. Adoption of ‘‘Uniform Regulation for the Method of Sale of Commodities.’’

DECLARATION OF RESPONSIBILITY

21.11. Consumer and nonconsumer packages.

Authority

The provisions of this Chapter 21 issued under sections 8 and 21 of the Weights and Measures Actof 1965 (76 P. S. §§ 100-8 and 100-21) (Transferred to 73 P. S. §§ 1658 and 1671 in 1978), unlessotherwise noted.

Source

The provisions of this Chapter 21 adopted December 1, 1965; amended through July 17, 1970,unless otherwise noted.

PRELIMINARY PROVISIONS

§ 21.1. Definitions.The following words and terms, when used in this part, have the following

meanings, unless the context clearly indicates otherwise:Commodity in package form or package—A commodity put up or packaged

in any manner in advance of sale in units suitable for either wholesale or retailsale, exclusive of any auxiliary shipping container containing packages thatindividually conform to the requirements of the act. An individual item or lotof a commodity not in package form, or which does not meet this definition,but on which there is marked a selling price based on an established price perunit of weight or of measure, shall be a commodity in package form.

Consumer package or package of consumer commodity—A commodity inpackage form that is customarily produced or distributed for sale through retailsales agencies or instrumentalities for consumption by individuals, or use by


21-1(255677) No. 296 Jul. 99

individuals for the purposes of personal care or in the performance of servicesordinarily rendered in or about the household in connection with personal pos-sessions and which is usually consumed or expended in the course of the con-sumption or use.

Label—

(i) A written, printed or graphic matter affixed to, applied to, attachedto, blown into, formed, molded into, embossed on or appearing upon oradjacent to a consumer commodity or a package containing a consumercommodity, for purposes of branding, identifying or giving information withrespect to a commodity or to the contents of a package.

(ii) The term does not include a tag of an inspector or other nonpromo-tional matter affixed to or appearing upon a consumer commodity.

Multiunit package—A package containing two or more individual packagesof the same commodity, in the same quantity, with the individual packagesintended to be sold as part of the multiunit package but capable of being indi-vidually sold in full compliance with this part.

Nonconsumer package or package of nonconsumer commodity—A commod-ity in package form other than a consumer package, and particularly a packageintended solely for industrial or institutional use or for wholesale distributiononly.

Person—A corporation, partnership and association as well as a natural per-son.

Polyethylene sheeting—Rolls, sheets, tarps, drop cloths and other items madefrom polyethylene, such as an ethylene copolymer consisting of a major pro-portion of ethylene in combination with a minor proportion of some othermonomer or a mixture of polyethylene with a lesser amount of polymers. Thesheeting may contain additives or modifiers such as pigments and stabilizers.

Principal display panel—The part of a label designed to most likely be dis-played, presented, shown or examined under normal and customary conditionsof display and purchase. Wherever a principal display panel appears more thanonce on a package, the requirements pertaining to the principal display panelpertain to all the panels.

Random package—A package that is one of a lot, shipment or delivery ofpackages of the same consumer commodity with varying weights; that is,packages of the same consumer commodity with no fixed pattern of weight.

Authority

The provisions of this § 21.1 amended under the Weights and Measures Act of 1965 (73 P. S.§§ 1651—1692) (Transferred from 76 P. S. §§ 100-1—100-42 in 1978); amended under the Consoli-dated Weights and Measures Act, 3 Pa.C.S. §§ 4104—4194.

70 § 21.1 PACKAGING AND LABELING Pt. I


Source

The provisions of this § 21.1 adopted December 1, 1965; amended through July 17, 1970;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254; amended May 7, 1999, effective May8, 1999, 29 Pa.B. 2460. Immediately preceding text appears at serial pages (136553) to (136555).

§ 21.2. Applicability.This part applies to packages and to commodities in package form, but does not

apply to the following:(1) Inner wrappings not intended to be individually sold to the customer.(2) Auxiliary containers or outer wrappings used to deliver packages of

commodities to retail customers if the containers or wrappings bear no printedmatter pertaining to a particular commodity.

(3) Containers used for retail tray pack displays if the container itself is notintended to be sold as if, for example, which is used to display individualenvelopes of seasonings, gravies and the like, and the tray itself is not intendedto be sold.

(4) Commodities put up in variable weights and sizes for sale intact andintended to be either weighed or measured at the time of sale, if no packagequantities are represented, and if the method of sale is clearly indicated in closeproximity to the quantity being sold.

(5) Open carriers and transparent wrappers or carriers for containers if thewrappers or carriers do not bear a written, printed or graphic matter obscuringthe label information required by this part.

Authority

The provisions of this § 21.2 amended under the Weights and Measures Act of 1965 (73 P.S.§§ 1651—1692) (Transferred from 76 P. S. §§ 100-1—100-42 in 1978).

Source

The provisions of this § 21.2 adopted December 1, 1965; amended through July 17, 1970;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial page (50104).

§ 21.3. Adoption of ‘‘Uniform Regulation for the Method of Sale of Com-modities.’’

(a) General. The Department adopts the ‘‘Uniform Regulation for the Methodof Sale of Commodities,’’ as adopted by NIST in its Handbook 130, and supple-ments thereto and revisions thereof, as the method of sale of commodities in thisCommonwealth.

(b) Exception. If any provision of the ‘‘Uniform Regulation for the Methodof Sale of Commodities’’ contradicts any provision of the act or this title, theprovision of the ‘‘Uniform Regulation for the Method of Sale of Commodities’’may not be applied, and the relevant provision of the act or this title shall beapplied.


21-3(255679) No. 296 Jul. 99

Authority

The provisions of this § 21.3 issued under the Consolidated Weights and Measures Act, 3 Pa.C.S.§§ 4104—4194.

Source

The provisions of this § 21.3 adopted May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460.

DECLARATION OF RESPONSIBILITY

§ 21.11. Consumer and nonconsumer packages.(a) A consumer or nonconsumer package kept, offered or exposed for sale, or

sold, at a place other than on the premises where packed shall specify conspicu-ously on the label of the package the name and address of the manufacturer,packer or distributor. The name shall be the actual corporate name, or, when notincorporated, the name under which the business is conducted. The address shallinclude street address, city, state and zip code; however, the street address maybe omitted if this is shown in a current city directory or telephone directory. Therequirement for inclusion of the zip code shall apply only to labels that have beendeveloped or revised after July 1, 1968.

(b) If a person manufactures, packs or distributes a commodity at a placeother than his principal place of business, the label may state the principal placeof business in lieu of the actual place where the commodity was manufactured orpacked or is to be distributed, unless the statement would be misleading. If thecommodity is not manufactured by the person whose name appears on the label,the name shall be qualified by a phrase that reveals the connection such personhas with such commodity, such as ‘‘Manufactured for and packed by ’’,‘‘Distributed by ’’, or other wording of similar import that expresses thefacts.

Cross References

This section cited in 70 Pa. Code § 27.26 (relating to motor oils).




CHAPTER 23. CONSUMER PACKAGES, COMMODITIESAND CONTAINERS

Subchap. Sec.A. DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL . . 23.1B. SPECIFIC PACKAGE AND CONTAINER DECLARATIONS . . . . . . 23.51C. SPECIFIC COMMODITY DECLARATIONS . . . . . . . . . . . . . . . . . . . 23.101

Authority

The provisions of this Chapter 23 issued under sections 8 and 21 of the Weights and Measures Actof 1965 (76 P. S. §§ 100-8 and 100-21) (Transferred to 73 P. S. §§ 1658 and 1671 in 1978), unlessotherwise noted.

Source

The provisions of this Chapter 23 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B.441, unless otherwise noted.

Notes of Decisions

The Commonwealth has preempted the field of packaging and labeling of meat products. City ofErie v. Northwestern Pennsylvania Food Council, 322 A.2d 407 (Pa. Cmwlth. 1974).

Subchapter A. DECLARATIONS OF QUANTITY ANDIDENTITY IN GENERAL

DECLARATION OF IDENTITY

Sec.23.1. General.

DECLARATION OF QUANTITY

23.11. Largest whole unit.23.12. Net quantity.23.13. Weight, liquid measure or count terminology.23.14. Fractions.23.15. Supplementary declarations.23.15a. Metric system declarations.23.16. Qualification of declaration prohibited.

PROMINENCE AND PLACEMENT

23.21. General.23.22. Area of principal display panel.23.23. Type size in principal display panel.

Ch. 23 CONSUMER PACKAGES 70

23-1(255681) No. 296 Jul. 99


§ 23.1. General.(a) Identification. A declaration of identity on a consumer package shall

appear on the principal display panel, and shall positively identify the commod-ity in the package by its common or usual name, description, generic term, or thelike.

(b) Placement. A declaration of identity on a consumer package shall appeargenerally parallel to the base on which the package rests as it is designed to bedisplayed.

Cross References

This section cited in 70 Pa. Code § 27.13 (relating to butter); and 70 Pa. Code § 27.26 (relating tomotor oils).


§ 23.11. Largest whole unit.When this chapter provides that a declaration of quantity shall be in the largest

whole unit, the declaration shall, with respect to a particular package, be in thelargest whole unit of weight or measure, with the remainder expressed by one ofthe following:

(1) Common or decimal fractions of the largest whole unit.(2) The next smaller whole unit with the remainder in common or decimal

fractions of the smallest unit present in the quantity declaration.

Authority

The provisions of this § 23.11 amended under the Weights and Measures Act of 1965 (73 P. S.§§ 1651—1692) (Transferred from 76 P. S. §§ 100-1—100-42 in 1978).

Source

The provisions of this § 23.11 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 441;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial page (31253).

Cross References

This section cited in 70 Pa. Code § 25.11 (relating to location).

§ 23.12. Net quantity.A declaration of net quantity of the commodity in the package, exclusive of

wrappers and other material packed with the commodity, shall appear on theprincipal display panel of the consumer package and, unless otherwise specifiedin § 23.13(e)—(h) (relating to weight, liquid measure or count terminology),shall be in the largest whole unit.



(1) The term ‘‘net weight’’ shall be used in conjunction with the declara-tion of quantity in terms of weight; the term may either precede or follow thedeclaration of weight.

(2) A declaration of quantity may appear on one or more lines of print ortype.

Authority


Source


§ 23.13. Weight, liquid measure or count terminology.(a) General and combination terms. The declaration of the quantity of a par-

ticular commodity shall be expressed in terms of liquid measure if the commod-ity is liquid, or in terms of weight if the commodity is solid, semisolid, viscousor a mixture of solid and liquid, or in terms of numerical count. However, if afirmly established general consumer usage and trade custom exists with respectto the terms used in expressing a declaration of quantity of a particular commod-ity, the declaration of quantity may be expressed in its traditional terms, if thetraditional declaration gives accurate and adequate information as to the quantityof the commodity. However, combination declarations may be as follows:

(1) Weight or measure. A declaration of quantity in terms of weight ormeasure shall be accompanied by a declaration of the count or size of the indi-vidual units of the commodity, unless a declaration of weight or measure aloneis fully informative to the consumer. The declaration shall appear on the prin-cipal display panel.

(2) Count. A declaration of quantity in terms of count shall be accompa-nied by a declaration of the weight, measure or size of the individual units ofthe commodity, or of the total weight or measure of the commodity, unless adeclaration of count alone is fully informative to the consumer. The declarationshall appear on the principal display panel.(b) Weight and measure terms. A declaration of quantity of the following

units shall be expressed as provided, except that in the case of a commoditypacked for export shipment, the declaration of quantity may be in terms of themetric system of weight or measure:

(1) If in units of weight, it shall be in terms of the avoirdupois pound orounce.

(2) If in units of liquid measure, it shall be in terms of the United Statesgallon of 231 cubic inches of liquid quart, liquid pint or fluid ounce subdivi-sions of the gallon, and shall express the volume at 68° F (20°C), except in the

Ch. 23 CONSUMER PACKAGES 70 § 23.13

23-3(255683) No. 296 Jul. 99

case of petroleum products, for which the declaration shall express the volumeat 60°F (15.6°C), and except also in the case of a commodity that is normallysold and consumed while frozen, for which the declaration shall express thevolume at the frozen temperature, and except also in the case of a commoditythat is normally sold in the refrigerated state, for which the declaration shallexpress the volume at 40°F (4°C).

(3) If in units of linear measure it shall be in terms of the yard, foot orinch.

(4) If in units of area measure, it shall be in terms of the square yard,square foot or square inch.

(5) If in units of dry measure it shall be in terms of the United Statesbushel of 2,150.42 cubic inches or peck, dryquart and drypint subdivisions ofthe bushel.

(6) If in units of cubic measure it shall be in terms of the cubic yard, cubicfoot or cubic inch.(c) Abbreviations. Any of the following abbreviations, and none other, may

be employed in the quantity statement on a package of commodity; however,there normally are no periods following, nor plural forms of, these abbreviations,as, for example, ‘‘oz’’ is the abbreviation for both ‘‘ounce’’ and ‘‘ounces’’:

Name Abbreviation

avoirdupois avdpcubic cufeet or foot ftfluid flgallon galinch inliquid liqounce ozpint ptpound lbquart qtsquare sqweight wtyard ydcubic centimeter ccgram gkilogram kgmicrogram mcgmilligram mgmilliliter ml



(d) Units with two or more meanings. When the term ‘‘ounce’’ is employedin a declaration of liquid quantity, the declaration shall identify the particularmeaning of the term by the use of the term ‘‘fluid’’; however, the distinction maybe omitted when, by association of terms, the proper meaning is obvious as in,for example, ‘‘1 pint 4 ounces’’. Whenever the declaration of quantity is in termsof the dry pint or dry quart, the declaration shall include the word ‘‘dry’’.

(e) Prescribed units. If a particular unit is described by one of the followingprovisions, it shall be designated as follows, except that the quantity declarationappearing on a random package may be expressed in terms of decimal fractionsof the largest appropriate unit, and the fraction carried out to not more than twodecimal places:

(1) Less than 1 foot, square foot, pound or pint. If the unit is less than 1foot, 1 square foot, 1 pound or 1 pint, the unit designation in the quantity dec-laration shall be as follows:

(i) Length measure less than 1 foot—inches and fractions of inches.(ii) Area measure of less than 1 square foot—square inches and frac-

tions of square inches.(iii) Weight less than 1 pound—ounces and fractions of ounces.(iv) Fluid measure less than 1 pint—ounces and fractions of ounces.

(2) More than 4 feet, square feet, pounds or 1 gallon. If the unit is equalto, or greater than, 4 feet, 4 square feet, 4 pounds or 1 gallon, the unit desig-nation in the quantity declaration shall be as follows:

(i) In the case of length measure of 4 feet or more, the declaration ofquantity shall be expressed in terms of feet, followed in parentheses by adeclaration of yards and common or decimal fractions of the yard, or interms of feet followed in parentheses by a declaration of yards with anyremainder in terms of feet and inches.

(ii) In the case of area measure of 4 square feet or more, weight of 4pounds or more or fluid measure of 1 gallon or more, the declaration ofquantity shall be expressed in terms of the largest whole unit.

(f) Dual quantity declarations. If a particular unit is described by one of thefollowing paragraphs, it shall be expressed in a dual quantity declaration, anddesignated as follows:

(1) Weight. On packages containing 1 pound or more but less than 4pounds, the declaration shall be expressed in ounces and, in addition, shall befollowed by a declaration in parentheses, expressed in terms of the largestwhole unit. However, the quantity declaration appearing on a random packagemay be expressed in terms of pounds and decimal fractions of the pound car-ried out to not more than two decimal places.

(2) Fluid measure. On packages containing 1 pint or more but less than 1gallon, the declaration shall be expressed in ounces and, in addition, shall befollowed by a declaration in parentheses, expressed in terms of the largestwhole unit.


23-5(255685) No. 296 Jul. 99

(3) Length measure. On packages containing 1 foot but less than 4 feet, thedeclaration shall be expressed in inches and, in addition, shall be followed bya declaration in parentheses, expressed in terms of the largest whole unit.

(4) Area measure. On packages containing 1 square foot but less than 4square feet, the declaration shall be expressed in square inches and, in addition,shall be followed by a declaration in parentheses, expressed in terms of thelargest whole unit.(g) Bidimensional commodities. For bidimensional commodities including

roll-type commodities, the quantity declaration shall be expressed as follows:(1) If less than 1 square foot, in terms of linear inches and fractions of lin-

ear inches.(2) If at least 1 square foot but less than 4 square feet, in terms of square

inches followed in parentheses by a declaration of both the length and width,each being in terms of the largest whole unit, except in the following cases:

(i) No square inch declaration is required for a bidimensional commod-ity of 4 inches width or less.

(ii) A dimension of less than 2 feet may be stated in inches within theparenthetical.

(iii) Commodities consisting of usable individual units, except roll-typecommodities with individual usable units created by perforations as providedin subsection (h), require a declaration of unit area but not a declaration oftotal area of all units.(3) If 4 square feet or more, in terms of square feet followed in parenthe-

ses by a declaration of the length and width in terms of the largest whole unit,except in the following cases:

(i) No declaration in square feet is required for a bidimensional com-modity with a width of four inches or less.

(ii) A dimension of less than 2 feet may be stated in inches within theparenthetical.

(iii) No declaration in square feet is required for commodities for whichthe length and width measurements are critical in terms of end use, such astablecloths or bedsheets, if the commodities clearly present the length andwidth measurements on the label.

(h) Ply count. If the commodity is in individually usable units of one or morecomponents or ply, the quantity declaration shall, in addition to complying withother applicable quantity declaration requirements of this chapter, include thenumber of ply and the total number of usable units. Roll-type commodities, whenperforated so as to identify individual usable units, are not deemed to be made upof usable units; however, the roll-type commodities shall be labeled in the fol-lowing terms:

(1) Total area measurement.(2) Number of ply.(3) Count of usable units.



(4) Dimensions of a single usable unit.(i) Container-type commodities. The measurement of container-type com-

modities shall be expressed as follows:(1) General. Commodities designed and sold at retail to be used as con-

tainers for other materials or objects, such as bags, cups, boxes and pans, shallbe labeled with the declaration of net quantity as follows:

(i) For bag-type commodities, in terms of count followed by lineardimensions of the bag, whether packaged in a perforated roll or otherwise,as follows:

(A) When the unit bag is characterized by two dimensions because ofthe absence of a gusset, the width and length shall be expressed in inches,except that a dimension of 2 feet or more shall be expressed in feet withany remainder in terms of inches or common or decimal fractions of thefoot; for example, ‘‘25 bags, 17 in × 20 in,’’ or ‘‘100 bags, 20 in × 2 ft 6in’’ or 50 bags, 20 in × 2 1/2 ft.’’

(B) When the unit bag is gusseted, the dimensions shall be expressedas width, depth and length, in terms of inches, except that a dimension of2 feet or more shall be expressed in feet with a remainder in terms ofinches or the common or decimal fractions of the foot; for example, ‘‘25bags, 17 in × 4 in × 20 in’’ or ‘‘100 bags, 20 in × 12 in × 2 1/2 ft.’’(ii) For other square, oblong, rectangular or similarly shaped containers,

in terms of count followed by length, width and depth, except depth need notbe listed if less than 2 inches; for example, ‘‘2 cake pans, 8 in × 8 in’’ or‘‘roasting pan, 12 in × 8 in × 3 in.’’

(iii) For circular or other generally round-shaped containers, exceptcups, and the like, in terms of count followed by diameter and depth, exceptdepth need not be listed if less than 2 inches; for example: ‘‘4 pie pans, 8 indiameter’’ or ‘‘2 cake pans, 8 in diameter × 4 in.’’(2) Capacity. When the functional use of the container is related by label

references in standard terms of measure to the capability of holding a specificquantity of substance or class of substances the references shall be part of thenet quantity statement and shall specify capacity as follows:

(i) Liquid measure for containers which are intended to be used forliquids, semisolids, viscous materials or mixtures of solids and liquids. Theexpressed capacity shall be stated in terms of the largest whole unit of gal-lon, quart, pint, ounce, with a remainder in terms of the common or decimalfraction of that unit; for example, freezer boxes—‘‘4 boxes, 1-qt capacity, 5in × 4 in × 3 in.’’

(ii) Dry measure for containers which are intended to be used for sol-ids. The expressed capacity shall be stated in terms of the largest whole unitof bushel or peck, with any remainder in terms of the common or decimalfraction of that unit; for example, leaf bags—‘‘8 bags, 6-bushel capacity, 3 ftX 5 ft.’’


23-7(255687) No. 296 Jul. 99

(iii) If containers are used as liners for other more permanent containers,in the same terms as are normally used to express the capacity of the morepermanent container; for example, garbage can liners—‘‘10 liners, 2 ft 6 in× 3 ft 9 in, fits up to 30-gallon cans.’’(3) Exceptions. Notwithstanding the requirements of paragraphs (1) and (2)

the net quantity statement for containers such as cups shall be listed in termsof count and liquid capacity per unit; for example: ‘‘24 cups, 6 fl oz capacity.’’For purposes of this subsection, the use of the terms ‘‘capacity,’’ ‘‘diameter’’and ‘‘fluid’’ is optional.

Source

The provisions of this § 23.13 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44.

Cross References

This section cited in 70 Pa. Code § 23.12 (relating to net quantity); 70 Pa. Code § 23.102 (relat-ing to textile products, threads and yarns); 70 Pa. Code § 23.110a (relating to polyethylene sheeting);70 Pa. Code § 25.12 (relating to weight, liquid measure or count terminology); 70 Pa. Code § 27.8(relating to labeling required by Federal law); 70 Pa. Code § 27.9 (relating to fluid dairy products andfrozen desserts); 70 Pa. Code § 27.10 (relating to real and imitation fruit juice beverages and drink-ing water); 70 Pa. Code § 27.13 (relating to butter); 70 Pa. Code § 27.15 (relating to flour); 70Pa. Code § 27.20 (relating to margarine); 70 Pa. Code § 27.24 (relating to paint and kindred prod-ucts); 70 Pa. Code § 27.25 (relating to automotive antifreeze); and 70 Pa. Code § 27.26 (relating tomotor oils).

§ 23.14. Fractions.

(a) A statement of net quantity of contents of a consumer commodity maycontain common or decimal fractions. The denominator of a common fractionshall be limited to 2, 4, 8, 16 or 32 except as provided in the following cases:

(1) If there exists a firmly established general consumer usage and tradecustom of employing different common fractions in the net quantity declarationof a particular commodity, they may be employed.

(2) If linear measurements are required in terms of yards or feet, commonfractions may be in terms of thirds.(b) A common fraction shall be reduced to its lowest terms; a decimal frac-

tion may not be carried out to more than two places.(c) A separate statement of the net quantity of contents in terms of the metric

system is not regarded as a supplemental statement, and a statement of quantityin terms of the metric system of weight or measure may also appear on the prin-cipal display panel or on other panels.

Source




§ 23.15. Supplementary declarations.The required quantity declaration may be supplemented by one or more decla-

rations of weight, measure or count, if the declaration appears other than on aprincipal display panel. The supplemental statement of quantity of the contentsmay not include terms qualifying a unit of weight, measure or count that tends toexaggerate the amount of commodity contained in the package as, for example,in ‘‘giant’’ quart, ‘‘full’’ gallon, ‘‘when packed,’’ ‘‘minimum’’ or words of simi-lar import.

Source


§ 23.15a. Metric system declarations.A separate statement of the net quantity of contents in terms of the metric sys-

tem is not regarded as a supplemental statement, and a statement of quantity interms of the metric system of weight or measure may also appear on the princi-pal display panel or other panels.

Source

The provisions of this § 23.15a adopted March 11, 1977, effective March 12, 1977, 7 Pa.B. 706.

§ 23.16. Qualification of declaration prohibited.In no case may a declaration of quantity be qualified by the addition of the

words ‘‘when packed,’’ ‘‘minimum’’ or ‘‘not less than,’’ or any words of similarimport, nor may a unit of weight, measure or count be qualified by a term suchas ‘‘jumbo,’’ ‘‘giant,’’ ‘‘full,’’ or the like, which tends to exaggerate the amountof commodity.

Source



§ 23.21. General.Information required to appear on a consumer package shall appear thereon in

the English language and shall be prominent, definite and plain and shall be con-spicuous as to size and style of letters and numbers and as to color of letters andnumbers in contrast to color of background. Required information that is eitherin hand lettering or hand script shall be entirely clear and equal to printing inlegibility. Information required to appear on a consumer package that is either inprint, hand lettering or hand script shall conform to the following provisions:


23-9(255689) No. 296 Jul. 99

(1) Location. The declaration of quantity of the contents of a package shallappear in the bottom 30% of the principal display panel, except as otherwiseprovided in § 23.56 (relating to cylindrical containers).

(2) Style of type or lettering. The declaration or declarations of quantityshall be in a style of type or lettering as to be boldly, clearly and conspicuouslypresented with respect to other type, lettering or graphic material on the pack-age, except that a declaration of net quantity blown, formed or molded on aglass or plastic surface is permissible when label information is blown, formedor molded on the surface.

(3) Color contrast. The declaration of quantity shall be in a color that con-trasts conspicuously with its background, except that a declaration of net quan-tity blown, formed or molded on a glass or plastic surface may not be requiredto be presented in a contrasting color if no required label information is on thesurface in a contrasting color.

(4) Free area. The area surrounding the quantity declaration shall be freeof printed information in the following amounts:

(i) Above and below, by a space equal to at least the height of the let-tering in the declaration.

(ii) To the left and right, by a space equal to twice the width of the let-ter ‘‘n’’ of the style and size of type used in the declaration.(5) Parallel quantity declaration. The quantity declaration shall be pre-

sented as to be generally parallel to the declaration of identity and to the baseon which the package rests as it is designed to be displayed.

Cross References

This section cited in 70 Pa. Code § 27.7 (relating to cigarettes and small cigars); 70 Pa. Code§ 27.8 (relating to labeling required by Federal law); 70 Pa. Code § 27.9 (relating to fluid dairyproducts and frozen desserts); 70 Pa. Code § 27.10 (relating to real and imitation fruit juice bever-ages and drinking water); 70 Pa. Code § 27.13 (relating to butter); 70 Pa. Code § 27.14 (relating toeggs); 70 Pa. Code § 27.15 (relating to flour); 70 Pa. Code § 27.19 (relating to combination pack-ages); 70 Pa. Code § 27.20 (relating to margarine); and 70 Pa. Code § 27.21 (relating to corn flour).

Source

The provisions of this § 23.21 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended November 22, 1974, effective November 23, 1974, 4 Pa.B. 2421. Immediately precedingtext appears at serial pages (12357) to (12358).

§ 23.22. Area of principal display panel.

(a) The area, in square inches, of the principal display panel for purposes oftype size shall be calculated as follows:

(1) In the case of a rectangular container, one entire side which properlycan be considered to be the principal display panel, the product of the heighttimes the width of that side.



(2) In the case of a cylindrical or nearly cylindrical container, 40% of theproduct of the height of the container times the circumference.

(3) In the case of a container other than cylindrical, 40% of the total sur-face of the container, unless the container presents an obvious principal displaypanel as, for example, the top of a triangular or circular package of cheese, orthe top of a can of shoe polish, in which case the area shall consist of the entiresuch surface.(b) Determination of the principal display panel shall exclude tops, bottoms,

flanges at tops and bottoms of cans and shoulders and necks of bottles or jars.

§ 23.23. Type size in principal display panel.

(a) Minimum height of numbers and letters. The height of a letter or numberin the required quantity declaration may not be less than that shown in the fol-lowing Table I with respect to the area of the panel in square inches, and theheight of each number of a common fraction shall meet 1/2 the minimum heightstandards:

TABLE I

Minimum Height of Numbers and Letters

Area of principal displaypanel (in square inches)

Minimum height ofnumbers and letters

(in inches)

Minimum height of labelinformation blown,

formed, or molded onsurface of container

(in inches)

Five and less 1/16 1/8Greater than five but not

greater than 251/8 3/16

Greater than 25 but notgreater than 100

3/16 1/4

Greater than 100 but notgreater than 400

1/4 5/16

Greater than 400 1/2 9/16

(b) Numbers and letters—proportion. No number or letter may be more thanthree times as high as it is wide.

Source



23-11(255691) No. 296 Jul. 99

Cross References

This section cited in 70 Pa. Code § 27.7 (relating to cigarettes and small cigars); 70 Pa. Code§ 27.8 (relating to labeling required by Federal law); and 70 Pa. Code § 27.19 (relating to combina-tion packages).

Subchapter B. SPECIFIC PACKAGE AND CONTAINERDECLARATIONS

Sec.23.51. Display card package.23.52. Aerosols and pressurized containers.23.53. Multiunit package.23.54. Combination package.23.55. Variety package.23.56. Cylindrical containers.

§ 23.51. Display card package.For an individual package affixed to a display card, or for a commodity and

display card together comprising a package, the type size of the quantity decla-ration is governed by the dimensions of the display card.

Source


§ 23.52. Aerosols and pressurized containers.The declaration of quantity on an aerosol package, and on a similar pressurized

package, shall disclose the net quantity of the commodity, including propellant,in terms of weight, that will be expelled when the instructions for use as shownon the container are followed.

Source


§ 23.53. Multiunit package.(a) A multiunit package shall state on the outside of the package a declara-

tion containing the following:(1) The number of individual units.(2) The quantity of each individual unit.(3) The total quantity of the contents of the multiunit package. However,

the requirement for a declaration of the total quantity of contents of a multiunitpackage shall be effective either with respect to those labels revised after Feb-ruary 30, 1970, or as of January 1, 1970. A declaration of total quantity maynot be required to include the parenthetical quantity statement of a dual quan-tity representation.



(b) Whenever the quantity declaration appearing on an individual unit of amultiunit package is located other than in the lower 30% of the principal displaypanel, the individual unit may not be sold separately.

Authority


Source

The provisions of this § 23.53 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial pages (12360) and (31260).

Cross References

This section cited in 70 Pa. Code § 27.1 (relating to general); and 70 Pa. Code § 27.7 (relating tocigarettes and small cigars).

§ 23.54. Combination package.A package containing individual units of dissimilar commodities, such as an

antiquing kit, shall state on the label of the package a quantity declaration foreach unit.

Authority


Source


§ 23.55. Variety package.A package containing individual units of similar commodities, such as a sea-

sonal gift package or variety package of cereal, shall state on the label of thepackage a declaration of the total quantity of commodity in the package.

Authority


Source



23-13(255693) No. 296 Jul. 99

§ 23.56. Cylindrical containers.In the case of cylindrical or nearly cylindrical containers, information required

to appear on the principal display panel shall appear within that 40% of the cir-cumference which is most likely to be displayed, presented, shown or examinedunder customary conditions of display for retail sale.

Source


Cross References

This section cited in 70 Pa. Code § 23.21 (relating to general).

Subchapter C. SPECIFIC COMMODITY DECLARATIONS

Sec.23.101. Eggs.23.102. Textile products, threads and yarns.23.103. Paper products.23.104. Roofing materials.23.105. Produce.23.106. Liquefied petroleum gas.23.107. Wood.23.108. Random weight packaged meat and meat products.23.109. Bulk meat.23.110. Packaged seed.23.110a. Polyethylene sheeting.23.111. Information on sales receipts.

§ 23.101. Eggs.If cartons containing 12 eggs have been designed so as to permit division in

half by the retail purchaser, the required quantity declaration shall be so posi-tioned as to have its context destroyed when the carton is divided.

Source


§ 23.102. Textile products, threads and yarns.(a) Wearing apparel. Wearing apparel, including nontextile apparel and

accessories such as leather goods and footwear, sold as single-unit items or ifnormally sold in pairs, such as hosiery, gloves and shoes sold as single-unit pairs,are exempt from the requirements for a net quantity statement by count, asrequired by § 23.13(a) (relating to weight, liquid measure or count terminology).

(b) Textiles. Bedsheets, pillowcases, blankets, comforters, quilts, bedspreads,mattress covers and pads, afghans, throws, flags, dresser and other furniturescarfs, curtains, drapes, facecloths, dishcloths, dish towels, towels, tablecloths,



napkins, utility cloths, bathmats, carpets and rugs, pot holders, fixture and appli-ance covers, nonrectangular diapers and slipcovers are exempt from the require-ments of § 23.13(g), except as follows:

(1) The net quantity statement for fitted sheets and mattress covers shallstate in inches the length and width of the mattress for which the item isdesigned, such as ‘‘twin,’’ ‘‘double,’’ ‘‘king’’ and the like. Example: ‘‘Twin Fit-ted Sheet for 39 × 75 in. mattress.’’

(2) The net quantity statement for nonfitted or flat sheets shall state thesize designations of the mattress for which the sheet is designated, such as‘‘twin,’’ ‘‘double,’’ ‘‘king’’ and the like, the quantity statement also shall statein inches the length and width of the mattress for which the sheet is designed,followed in parentheses by a statement, in inches of the length and width of thesheet. Example: ‘‘Double Flat Sheet for 54 × 75 in. mattress, 81 × 104 in.’’

(3) The net quantity statement for pillowcases shall state the size designa-tion of the pillow for which the pillowcase is designed, such as ‘‘youth’’,‘‘standard’’, ‘‘queen’’ and the like. The quantity statements also shall state ininches the length and width of the pillow for which the pillowcase is designed,followed in parentheses by a statement, in inches, of the length and width ofthe pillowcase before hemming. Example: ‘‘Standard Pillowcase for 20 × 26in. pillow (42 × 36 in. before hemming).’’

(4) The net quantity statement for blankets, bedspreads, afghans, throws,comforters, quilts and mattress pads shall be expressed in terms of the finishedlength and width measurements in inches, which shall be followed in parenthe-ses by a statement of the length of ornamentation, such as ‘‘including two inchfringe’’. The quantity statement shall also state the size of the mattress whichthe commodity is intended to fit such as ‘‘twin,’’ ‘‘double,’’ ‘‘king,’’ ‘‘queen’’or the like.

(5) The net quantity statement for tablecloths and napkins shall beexpressed in terms of finished length and width in inches, which may be fol-lowed in parentheses by a statement of length and width in inches in terms ofthe cut size, or size before hemming and properly identified as such.

(6) The net quantity statement for curtains, drapes, flags, dresser and otherfurniture scarfs shall be expressed in terms of linear dimensions in inches forthe finished size, which shall be followed in parentheses by a statement of thelength of ornamentation, such as ‘‘including 2-inch fringe.’’

(7) The net quantity statement for carpets and rugs shall be expressed interms of length and width in feet, with any remainder in common or decimalfractions by the foot or in inches, which shall be followed in parentheses by astatement of the length of ornamentation, such as ‘‘including 2-inch fringe.’’

(8) The net quantity statement for woven dish towels, dish cloths, towels,face cloths, utility cloths, bath mats and the like shall state in inches the lengthand the width of the item.


23-15(255695) No. 296 Jul. 99

(9) The net quantity statement for textile products such as pot holders, fix-ture and appliance covers, nonrectangular diapers, slip covers and the like shallbe stated in terms of count and may include size designations and dimensions.

(10) The net quantity statement for other than rectangular textile productsidentified in paragraphs (1)—(9) shall state the geometric shape of the productand the dimensions which are customarily used in describing the geometricshape. Example: ‘‘Oval Tablecloth 54 × 42 in.,’’ representing the maximumlength and width in this case.(c) Sewing threads, handicraft threads and yarns. Sewing and handicraft

threads are exempt from the requirements of § 23.13(e), except as follows:(1) The net quantity statement for sewing and handicraft threads shall be

expressed in terms of yards.(2) The net quantity statement for yarns shall be expressed in terms of

weight.(3) Thread products may, in lieu of name and address, bear a trademark,

symbol, brand or other mark that positively identifies the manufacturer, packeror distributor, if the marks, employed to identify the vendor, are filed with theDirector.

(4) Each unit of industrial thread shall be marked to show its net measurein terms of yards or its net weight in terms of avoirdupois pounds or ounces,except that ready-wound bobbins which are not sold separately, are notrequired to be individually marked but the package containing the bobbins shallbe marked to show the number of bobbins contained therein and the net yardsof thread on each bobbin.(d) Textiles. Variations from declared dimensions are as follows:

(1) For an item with no declared dimension less than 24 inches, a minusvariation greater than 3% of a declared dimension and a plus variation greaterthan 6% of a declared dimension will be considered unreasonable.

(2) For an item with a declared dimension less than 24 inches, a minusvariation greater than 6% of a declared dimension and a plus variation greaterthan 12% of a declared dimension will be considered unreasonable.

Source

The provisions of this § 23.102 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended July 25, 1975, effective July 26, 1975, 5 Pa.B. 1925; corrected July 21, 1989, effectiveMarch 6, 1976, 19 Pa.B. 3107. Immediately preceding text appears at serial pages (136571) to(136573).

§ 23.103. Paper products.

(a) Paper napkins and paper towels. The declaration of quantity on a pack-age of paper napkins or paper towels shall indicate the numerical count and thedimensions of the individual napkins or towels contained in the package.



(b) Writing paper, notebook paper and envelopes. The declaration of quantityon a package of writing paper, notebook paper or envelopes shall indicate thenumber of sheets or envelopes, as the case may be, in the package. When enve-lopes are included in a package of writing paper, the declaration shall indicateboth the number of sheets of paper and the number of envelopes.

(c) Tablets and books of writing paper. The declaration of quantity on apackage of tablets or books of writing paper shall indicate the number of tabletsor books in the package.

(d) Wrapping paper. The declaration of quantity on a package of wrappingpaper in sheet form may be in terms of either numerical count or of net weight.If the declaration is in terms of numerical count, it shall indicate both the dimen-sions of an individual sheet and the number of sheets in the package.

(e) Gift wrapping paper. The declaration of quantity on a package of giftwrapping paper, whether packaged as individual sheets or in roll form, shall indi-cate the numerical count and the dimensions of the individual sheets. A lineardimension in excess of 48 inches shall be expressed in terms of feet.

(f) Facial tissues. The declaration of quantity on a package of facial tissuesshall indicate the numerical count of usable units and the dimensions of the indi-vidual unit. A sheet of two or three ply shall be considered a single usable unit.

(g) Toilet tissues. The declaration of quantity on a package of toilet tissues inroll or sheet form shall indicate the numerical count of usable units, and thedimensions of the individual unit. A sheet of two or three ply shall be considereda single usable unit.

(h) Supplementary quantity declarations. A declaration or statement relatingto the quantity of the contents of a package of paper product that is in additionto or supplementary to the declaration required by law or regulation shall be injuxtaposition with and shall be subordinated to the required declaration; however,no supplementary declaration of the number of single ply sheets in a packagecontaining a multiple ply product is permitted.

(i) Multiple packs. Multiple packs of paper products shall bear on the outsidewrapper, clearly and conspicuously, a quantity declaration indicating the numberof individual rolls or packages and the usable unit count and sheet size for eachindividual roll or package, unless the individual rolls or packages are so labeledthat the content of each is clearly visible through the outer wrapper.

(j) Exemption. Rolls or packages of paper products for industrial use only,not for resale need not be marked individually so long as the container in whichthe rolls or packages are packed is properly marked to show the quantity of thecontents of such container.

(k) Construction of regulation. The provisions of this section are supplemen-tary to valid laws and other regulations pertaining to packages and may not beconstrued as superseding the law or regulation.


23-17(255697) No. 296 Jul. 99

Source


§ 23.104. Roofing materials.

(a) Roofing materials. Roofing materials shall be sold either by the square orby the square foot only.

(b) Square. The quantity of roofing or roofing material that, if applied accord-ing to the directions or instructions of the manufacturer, will cover an area of 100square feet exclusive of side laps or side joints; however, in the case of roofingor roofing material of corrugated design the side lap or side joint shall be one fullcorrugation.

(c) Square foot. The quantity of roofing or roofing material that, whenapplied according to the directions or instructions of the manufacturer, will cover1 square foot (144 square inches) exclusive of side laps or side joints.

(d) Declaration of quantity. If the declaration of quantity on a package ofroofing or roofing material contains the term ‘‘square’’, it shall include plainlyand conspicuously, a numerical definition of the term ‘‘square’’; for example,‘‘One square covers 100 square feet of roof area.’’

(e) Common fractions. The use of common fractions 1/3 is specifically autho-rized in the quantity statement of a package of roofing or roofing material when,and only when, used as the common fraction of the square.

(f) Quantity statement. The primary declaration shall only be in terms of asquare or square foot. There is no prohibition against the use of supplementalquantity declarations, such as shingle, but in no case may the weight of the mate-rial be stated or implied. However, the use of numerical descriptions for rolls offelt roofing material may continue to be used.

Source

The provisions of this § 23.104 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended February 26, 1975, effective February 27, 1975, 5 Pa.B. 385. Immediately preceding textappears at serial pages (18440).

§ 23.105. Produce.

(a) Packaged produce sold by count shall conform to the packaging andlabeling laws of the Commonwealth and units in a package shall be reasonablyuniform in size, or the same variety or grade and shall be visible, or a represen-tative sample shall be visible.

(b) The following commodities of produce shall conform to the followingsuggested list, except that nothing in this suggested list shall be construed to pre-vent the sale of apples, peaches, tomatoes, potatoes or similar commodities inwholesale-type containers standardized by law:



Commodity Method of Sale

Anise Weight or bunchApples Weight or countApricots WeightArtichokes Weight or countAsparagus Weight or bunchAvocados Weight or countBananas WeightBeans (fresh or dried) WeightBeets (fresh) Weight or bunch with topsBerries (all) Weight or measureBroccoli Weight or bunchBrussel sprouts Weight or measureCabbage WeightCantaloupes Weight or countCarrots Weight or bunch with topsCauliflowers Weight or headCelery Weight or stalkCherries Weight or measureCoconuts Weight or countCorn Weight or countCranberries Weight or measureCucumbers Weight or countCurrants Weight or measureDates WeightEgg plant Weight or countEndive Weight or bunchEscarole Weight or bunchFigs WeightGarlic Weight or countGourds Weight or countGrapefruit Weight or countGrapes WeightGreens (all) WeightHorseradish roots Weight or bunchKumquats Weight or measureLeek Weight or bunchLemons Weight or countLettuce Weight, head or bunchMangoes Weight or countOnions (spring or green) Weight or bunch with tops


23-19(255699) No. 296 Jul. 99

Commodity Method of Sale

Onions (all others) WeightOranges Weight or countOyster plant Weight or bunchPapaya Weight or countParsley Weight or bunchParsnips WeightPeaches Weight or countPears Weight or countPeas (fresh or dried) WeightPeppers Weight or countPersimmons Weight or countPlums Weight or countPineapples Weight or countPomegranates Weight or countPotatoes (Irish or sweet) WeightRadishes Weight or bunch with topsRaisins WeightRhubarb Weight or bunchRutabagas WeightSquash (yellow or white) WeightSquash (acorn or butternut) Weight or countTangelos Weight or countTangerines Weight or countTomatoes Weight or countTomatoes (cherry) Weight or measureTurnips Weight or bunch with topsWatermelon Weight or count (parts of a

whole watermelon shall besold by weight)

(c) If berries, brussel sprouts, cherries, cranberries or currants are sold bymeasure, they shall be sold in containers standardized by law such as 1/2 dry pint,1 dry pint or 1 dry quart.

Source

The provisions of this § 23.105 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended November 22, 1974, 4 Pa.B. 2421. Immediately preceding text appears at serial pages(12365) to (12367).

§ 23.106. Liquefied petroleum gas.(a) Scope. This section applies to sales of liquefied petroleum gas.



(b) Definition. As used in this section, the term liquified petroleum gas meansa petroleum product composed predominantly of one or more of the followinghydrocarbons:

(1) Propane.(2) Propylene.(3) Butanes (normal butane/or isobutane).(4) Butylenes.

(c) Method of sale. Liquefied petroleum gas shall be sold avoirdupois weightspecified in pounds and decimal fractions of the pound, liquid measure specifiedin gallon and decimal fractions of the gallon, in vapor measure specified in cubicfeet or decimal fractions thereof, or in another unit approved by the Department.For purposes of this section, the gallon is defined as 231 cubic inches at 60°F,and the cubic foot is defined as a cubic foot of the vapor being measured at 60°F and at 14.73 pounds per square inch atmosphere.

(d) Sale of liquefied petroleum gas in portable containers. If liquefied petro-leum gas is delivered, offered for sale or sold in a package which is a portablecontainer, it shall be sold by weight.

(e) Portable container or package marking. The tare weight of a refillablecontainer used as a portable container or package shall be plainly and conspicu-ously marked on the outside of the container. Tare weight may not include thevalve protecting cap which shall be removed when weighing. The net weight ofthe contents of a container used as a portable container or package shall beplainly and conspicuously marked on the container or on a tag firmly attachedthereto, except for containers bearing generally accepted model numbers whichindicate the net weight of the contents.

(f) Variations. Variations from the declared net weight shall be permitted ifcaused by unavoidable deviations in weighing that occur in good packaging prac-tices, but the variations may not exceed 2% and the average of the quantities inthe packages comprising either a shipment of other delivery or a lot that is kept,offered, exposed for sale or sold shall equal or exceed the labeled quantity. Nounreasonable shortage in any package may be permitted, even though overagesin other packages in the same shipment, delivery or lot compensate for the short-age.

(g) Credit for unused product. If liquefied petroleum gas is sold by the pack-age or portable container, except where rate schedules or written agreements pro-vide otherwise, full credit for the difference in weight of the container discon-nected by the supplier and removed from the premises of a customer by thesupplier and the marked tare weight of the container shall be granted by the sup-plier to the customer.

(h) Sale through measuring devices. Only devices approved by the Depart-ment under the act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. §§ 1701—1715), shall be used in the metering or measuring of liquefied petroleum gas forthe determination of the value of the gas as sold. The devices shall conform to


23-21(255701) No. 296 Jul. 99

the technical requirements published in National Bureau of Standards ‘‘Handbook44’’ and amendments and supplements thereto and to other technical require-ments promulgated by the Department.

(i) Sales tickets or invoices. Except where liquefied petroleum gas is deliv-ered and sold to the purchaser in portable container or package form, a deliveryticket or an invoice shall be submitted to the purchaser clearly stating the date ofthe delivery, the name and address of the vendor, the name and address of thepurchaser and the net quantity of the delivery in terms of approved units of mea-sure. If the meter readings are in approved units other than pounds, gallons orcubic feet, the invoice shall clearly indicate to the purchaser the factor to be usedto convert to pounds, gallons or cubic feet.

Authority


Source

The provisions of this § 23.106 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial pages (20067) to (20068).

§ 23.107. Wood.Wood used for fuel shall be sold by the cord of 128 cubic feet, or fraction

thereof, and shall be accompanied by a statement or invoice certifying the amountsold and presented to the buyer or his designee at the time of delivery or billing.

Source


§ 23.108. Random weight packaged meat and meat products.In the wholesale sale and delivery of random weight packaged meat and meat

products, lots composed entirely of like units as to formula, process in manufac-ture, quality and grade of ingredients, except as to weight, each unit may not berequired to have the net weight marked thereon at the time of the wholesale saleand delivery to a retail merchant only if there is compliance with the followingprovisions:

(1) The entire bulk package containing the individual units is effectivelysealed at the time of sale and delivery and has the content of the bulk packageplainly and legibly marked thereon in terms of net weight.

(2) The sale and weighing of the lot takes place on the premises of theretailer, in the presence of the retailer or his designated agent, and the result ofthe weighing, expressed in terms of net weight, is immediately communicatedby the wholesaler or his agent to the retailer or his agent.



Source


§ 23.109. Bulk meat.(a) Scope. This section applies to retail sales and processing of bulk meat

sold by hanging weight and the processing of customer-owned meat, except asprovided in this section.

(b) Identification. In identifying a product subject to this section, the follow-ing terms, where applicable, shall be used:

(1) Bulk meat—That sold by hanging weight, consisting of whole car-casses, sides, or primal cuts.

(2) Primal cuts—Only the following terms shall be used in describing aprimal cut of beef or veal:

(i) Cross cut chuck—The entire fore part of a side, ending between thefifth and sixth ribs.

(ii) Arm chuck—The cross cut chuck with the brisket removed.(iii) Square chuck—The cross cut chuck with the brisket and arm

removed directly above the fore shank.(iv) Untrimmed rib section—The portion from the sixth to the 12th rib

inclusive with plate.(v) Trimmed rib section—The portion from the sixth to 12th rib inclu-

sive, not to exceed 10 inches from tip of chine bone to top of rib, withoutplate.

(vi) Untrimmed full loin—The section from and including the 13th ribto the hip joint, including the flank and kidney.

(vii) Trimmed full loin—The section from and including the 13th rib tothe hip joint, without flank and kidney.

(viii) Trimmed short loin—The section from and including the 13th rib tothe hip bone, without the sirloin, flank and kidney.

(ix) Untrimmed short loin—The section from and including the 13th ribto the hip bone, with the flank and kidney but without the sirloin.

(x) Sirloin—The section from immediately in front of the hip bone tothe hip joint.

(xi) Round—The section from the hip joint to immediately below therear knee, with rump attached.

(xii) Rump—The part of the round down to and including the aitch bone.(xiii) Forequarter—The forward portion of a side of beef, back to and

including the 12th rib, consisting of the cross cut chuck and the untrimmedrib section.

(xiv) Hindquarter—The rear portion of a side of beef, from and includ-ing the 13th rib, consisting of the untrimmed full loin and the round.

(xv) Side—The half of a split beef comprising the forequarter and hind-quarter.


23-23(255703) No. 296 Jul. 99

(c) Method of sale. Bulk meat shall be sold by avoirdupois weight, specifiedin pounds and fractions of the pound, and shall conform to the following:

(1) The seller or his agent shall clearly explain to the customer before thesale is consummated that the purchase by hanging weight is subject to cutting,boning and trim loss during processing and that the delivered or usable weightwill be considerably less than the hanging weight upon which the price wasbased.

(2) After a portion of bulk meat has been selected for possible purchaseand has been weighed, the seller or his agent shall factually explain to the pur-chaser the approximate cuts and yield which shall be obtained after processing,based on the grade or quality of the meat and the cutting instructions of thepurchaser.

(3) At the time of delivery, there shall be rendered to the purchaser adelivery or sales ticket in ink or other indelible substance on which shall beclearly and legibly stated the following:

(i) The name and address of the vendor.

(ii) The name and address of the processor if other than the vendor.

(iii) The date.

(iv) The name and address of the purchaser.

(v) A description of the product, the quality, and USDA grade if graded.

(vi) The price per pound.

(vii) The net weight of the product prior to processing.

(viii) The net weight of the delivered quantity.

(ix) The total number of packages delivered, the contents of each pack-age including the type of cut, and the total weight of each type of cut deliv-ered.

(x) The weights in subparagraphs (vii)—(ix) shall be recorded to thenearest ounce on weights up to and including 25 pounds, 4 ounces from over25 pounds to and including 50 pounds, 8 ounces from over 50 pounds up toand including 100 pounds, and 1 pound over 100 pounds.

(d) Incomplete processing. Meat sold as a whole, side, or quarter carcass, cutup and packaged by the vendor but requiring further processing or cutting, shallbe accompanied by an invoice giving the total or hanging weight and a statementof contents on each master container as delivered to the consumer showing thenumber of packages of each type of cut or commodity and the accurate netweight of the total packages of each such cut or commodity.

(e) Processing only. Subsection (c)(3) is inapplicable when the commoditysubmitted for processing, either live or partially processed, is the property of theperson submitting the commodity, having never been owned by the processor andthe fee involved is wholly for service.



Authority


Source

The provisions of this § 23.109 adopted October 21, 1970, effective October 22, 1970, 1 Pa.B. 44;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial pages (12370) and (31264) to (31265).

§ 23.110. Packaged seed.Packages of seed intended for planting shall be labeled in accordance with this

part except as follows:(1) The net quantity statement shall appear in the upper 30% of the prin-

cipal display panel.(2) The net quantity statement shall be in the largest whole unit of the

metric system for weights up to 7 grams, and in grams or in ounces for otherweights less than 225 grams or 8 ounces; packaged seed weighing 225 gramsor 8 ounces or more is not subject to this section.

(3) The net quantity statement for coated seed, encapsulated seed, pellet-ized seed, seed tapes, pre-plants and the like, shall be by count.

(4) This section applies only to labels developed or revised after January1, 1975.

Authority


Source

The provisions of this § 23.110 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1925;amended May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254. Immediately preceding text appearsat serial page (31265).

§ 23.110a. Polyethylene sheeting.(a) Labeling. Each package of polyethylene sheeting, shall contain, on a sur-

face visible to the public, the following information:(1) The length in feet or fraction thereof, or both.(2) The width in feet or fraction thereof, or both.(3) The thickness in mills. A mill is defined as .001 inches.(4) The net weight in pounds or fraction thereof, or both.(5) The abbreviation of linear measurement and weight values shall be

limited to abbreviations identified in § 23.13(c) (relating to weight, liquidmeasure or count terminology).(b) Declaration of weight. The labeled statement of weight for polyethylene

sheeting may not be less than the weight calculated by using the following for-mula:


23-25(255705) No. 296 Jul. 99

W = T × A × 0.03613 × D, whereW = Net Weight in PoundsT = Labeled thickness in inchesA = Labeled length in inches times labeled width in inchesD = Density in g/cm3

0.03613 = Conversion factor for density from g/cm3 to lb in3.

Authority

The provisions of this § 23.110a issued under the Weights and Measures Act of 1965 (73 P. S.§§ 1651—1692) (Transferred from 76 P. S. §§ 100-1—100-42 in 1978).

Source

The provisions of this § 23.110a adopted May 26, 1989, effective May 27, 1989, 19 Pa.B. 2254.

§ 23.111. Information on sales receipts.(a) Recorded representations, point of sale systems. The sales information

recorded by cash registers when interfaced with a weighing element shall containthe following information for items weighed at the checkout stand:

(1) The net weight identified by the words ‘‘pounds,’’ ‘‘grams,’’ or ‘‘kilo-grams’’ or by the abbreviations ‘‘lb,’’ ‘‘g,’’ or ‘‘kg.’’

(2) The unit price with weight values identified as in paragraph (1).(3) The total price.(4) The product class, name or code number.

(b) Effect of section. Subsection (a) supersedes all sections of the NationalBureau of Standards Handbook 44 which are inconsistent with the provisions ofsubsection (a).

Source

The provisions of this § 23.111 adopted July 15, 1977, effective July 16, 1977, 7 Pa.B. 1985.




CHAPTER 25. NONCONSUMER ITEMS

Subchap. Sec.A. DECLARATIONS OF QUANTITY AND IDENTITY . . . . . . . . . . . . . . . 25.1

Subchapter A. DECLARATIONS OF QUANTITY AND IDENTITY


Sec.25.1. General.


25.11. Location.25.12. Weight, liquid measure or count terminology.25.13. Character of declaration in averages.


25.21. General.

Authority

The provisions of this Chapter 25 issued under sections 8 and 21 of the Weights and Measures Actof 1965 (76 P. S. §§ 100-8 and 100-21) (Transferred in 1978 to 73 P. S. §§ 1658 and 1671), unlessotherwise noted.

Source



§ 25.1. General.

A declaration of identity on a nonconsumer package shall appear on the out-side of a package and shall positively identify the commodity in the package byits common or usual name, description, generic term or the like.

Cross References

This section cited in 70 Pa. Code § 27.26 (relating to motor oils).

Ch. 25 NONCONSUMER ITEMS 70 § 25.1

25-1(255707) No. 296 Jul. 99


§ 25.11. Location.A nonconsumer package shall bear on the outside a declaration of the net

quantity of contents. The declaration shall be in terms of the largest whole unit asprovided in § 23.11 (relating to largest whole unit).

§ 25.12. Weight, liquid measure or count terminology.(a) General. The declaration of the quantity of a particular commodity shall

be expressed in terms of liquid measure if the commodity is liquid, in terms ofweight if the commodity is solid, semisolid, viscous or a mixture of solid andliquid, or in terms of numerical count. However, if there exists a firmly estab-lished general consumer usage and trade custom with respect to the terms used inexpressing a declaration of quantity of a particular commodity, the declaration ofquantity may be expressed in its traditional terms, if the traditional declarationgives accurate and adequate information as to the quantity of the commodity.

(b) Weight and measure terms. A declaration of quantity shall be as follows,except that nothing in this subsection shall prohibit the labeling of nonconsumerpackages in terms of units of the metric system:

(1) If in units of weight, the declaration shall be in terms of the avoirdu-pois pound or ounce.

(2) If in units of liquid measure, the declaration shall be in terms of theUnited States gallon of 231 cubic inches or liquid quart, liquid pint or fluidounce subdivisions of the gallon and shall express the volume at 68°F (20°C),except in the case of petroleum products, for which the declaration shallexpress the volume at 60°F (15.6°C), and except also in the case of a commod-ity that is normally sold and consumed while frozen, for which the declarationshall express the volume at the frozen temperature, and except also in the caseof a commodity that is normally sold in the refrigerated state, for which thedeclaration shall express the volume at 40°F (4°C).

(3) If in units of linear measure, the declaration shall be in terms of theyard, foot or inch.

(4) If in units of area measure, the declaration shall be in terms of thesquare yard, square foot or square inch.

(5) If in units of dry measure, the declaration shall be in terms of theUnited States bushel of 2,150.42 cubic inches or peck, dry quart and dry pintsubdivisions of the bushel.

(6) If in units of cubic measure, the declaration shall be in terms of thecubic yard, cubic foot or cubic inch.(c) Abbreviations. A generally accepted abbreviation of a unit name may be

employed in the quantity statement on a package of the commodity; commonlyaccepted abbreviations are contained in § 23.13(c) (relating to weight, liquidmeasure or count terminology).



§ 25.13. Character of declaration in averages.The average quantity of the contents in the packages of a particular lot, ship-

ment or delivery shall at least equal the declared quantity. No unreasonableshortage in a package may be permitted, even though overages in other packagesin the same shipment, delivery or lot compensate for the shortage.


§ 25.21. General.Information required to appear on a nonconsumer package shall be definitely

and clearly stated thereon in the English language. Required information that iseither in hand lettering or hand script shall be entirely clear and equal to printingin legibility.

Ch. 25 NONCONSUMER ITEMS 70 § 25.13

25-3(255709) No. 296 Jul. 99

CHAPTER 27. EXEMPTIONS AND VARIATIONS

EXEMPTIONS

Sec.27.1. General.27.2. Random packages.27.3. Small confections.27.4. Individual servings.27.5. Cuts, plugs and twists of tobacco and cigars.27.6. Reusable glass containers.27.7. Cigarettes and small cigars.27.8. Labeling required by Federal law.27.9. Fluid dairy products and frozen desserts.27.10. Real and imitation fruit juice beverages and drinking water.27.11. Soft drink bottles.27.12. Multiunit soft drink packages.27.13. Butter.27.14. Eggs.27.15. Flour.27.16. Small packages.27.17. Multiunit packages.27.18. Decorative containers.27.19. Combination packages.27.20. Margarine.27.21. Corn flour.27.22. Prescription and insulin drugs.27.23. Camera film.27.24. Paint and kindred products.27.25. Automotive antifreeze.27.26. Motor oils.27.27. Bakery products.

VARIATIONS

27.31. Packaging.27.32. Magnitude of permitted variations.

Authority

The provisions of this Chapter 27 issued under sections 8 and 21 of the Weights and Measures Actof 1965 (76 P. S. §§ 100-8 and 100-21), unless otherwise noted.

Source


Ch. 27 EXEMPTIONS AND VARIATIONS 70

27-1(255711) No. 296 Jul. 99

EXEMPTIONS

§ 27.1. General.Whenever a consumer commodity or package of consumer commodity is

exempted from the requirements for dual quantity declaration, the net quantitydeclaration required to appear on the package shall be in terms of the largestwhole unit except as provided in § 23.53(a)(3) (relating to multiunit packages).

§ 27.2. Random packages.(a) A random package bearing a label conspicuously declaring the net weight,

the price per pound and the total price shall be exempt from the type size, dualdeclaration, placement and free area requirements of this title. In the case of arandom package packed at one place for subsequent sale at another, neither theprice per unit of weight nor the total selling price need appear on the package,provided the package label includes both prices at the time it is offered orexposed for sale at retail.

(b) This exemption of this section also applies to uniform weight packages ofcheese and cheese products labeled in the same manner and by the same type ofequipment as random packages exempted by this section.

§ 27.3. Small confections.Individually wrapped pieces of ‘‘penny candy’’ and other confectionery of less

than 1/2 ounce net weight per individual piece shall be exempt from the labelingrequirements of this title when the container in which the confectionery isshipped is in conformance with the labeling requirements of this title. Similarly,when the confectionery items are sold in bags or boxes, the items shall be exemptfrom the labeling requirements of this title, including the required declaration ofnet quantity of contents, when the declaration of the bag or box meets the require-ments of this title.

§ 27.4. Individual servings.Individual serving-size packages of foods containing less than 1/2 ounce or less

than 1/2 fluid ounce for use in restaurants, institutions and passenger carriers, andnot intended for sale at retail, shall be exempt from the required declaration ofnet quantity of contents specified in this title.

§ 27.5. Cuts, plugs and twists of tobacco and cigars.When individual cuts, plugs and twists of tobacco and individual cigars are

shipped or delivered in containers that conform to the labeling requirements ofthis title, the individual cuts, plugs and twists of tobacco and cigars shall beexempt from the labeling requirements.



§ 27.6. Reusable glass containers.Nothing in this title may be deemed to preclude the continued use of reusable

or returnable glass containers; however, the glass containers ordered after Febru-ary 30, 1970 shall conform to the requirements of this title.

§ 27.7. Cigarettes and small cigars.Cartons of cigarettes and small cigars, containing 10 individual packages of 20,

labeled in accordance with the requirements of this title, shall be exempt from therequirements set forth in §§ 23.21(1), 23.23 and 23.53 (relating to general; typesize in principal display panel; and multiunit package); however, the cartons shallbear a declaration of the net quantity of commodity in the package.

§ 27.8. Labeling required by Federal law.Packages of meat and meat products, poultry and poultry products, tobacco and

tobacco products, insecticides, fungicides, rodenticides, alcoholic beverages andseeds shall be exempt from the requirements set forth in §§ 23.13(f), 23.21(1),and 23.23(a) (relating to weight, liquid measure or count terminology; general;type size in principal display panel) only if the quantity labeling requirements forthe products are specified in Federal law so as to follow reasonable sound prin-ciples of providing consumer information.

§ 27.9. Fluid dairy products and frozen desserts.Fluid dairy products, ice cream and similar frozen desserts shall be exempted

as set forth in the following provisions:(1) If packaged in 1/2 liquid pint and 1/2 gallon containers, such products

are exempt from the requirements for stating net contents of 8 fluid ounces and64 fluid ounces, which may be expressed as 1/2 pint and 1/2 gallon, respec-tively.

(2) If packaged in 1 liquid pint, 1 liquid quart and 1/2 gallon containers,the products are exempt from the dual net contents declaration requirements of§ 23.13(1f)(2) (relating to weight, liquid measure or count terminology).

(3) If measured by and packaged in 1/2 liquid pint, 1 liquid pint, 1 liquidquart, 1/2 gallon and 1 gallon measure containers as defined in ‘‘Measure Con-tainer Code of National Bureau of Standards Handbook 44,’’ the products areexempt from the requirements of § 23.21 (relating to general) that the declara-tion of net contents be located within the bottom 30% of the principal displaypanel.

(4) Milk and milk products when measured by and packaged in glass orplastic containers of 1/2 liquid pint, 1 liquid pint, 1 liquid quart, 1/2 gallon, and1 gallon capacities are exempt from the placement requirement of § 23.21 thatthe declaration of net contents be located within the bottom 30% of the princi-pal display panel, only if other required label information is conspicuously dis-

Ch. 27 EXEMPTIONS AND VARIATIONS 70 § 27.6

27-3(255713) No. 296 Jul. 99

played on the cap or outside closure, and the required net quantity of contentsdeclaration is conspicuously blown, formed, molded on or permanently appliedto that part of the glass or plastic container that is at or above the shoulder ofthe container.

§ 27.10. Real and imitation fruit juice beverages and drinking water.

Single-strength and less than single-strength fruit juice beverages, any imita-tions of the beverages, and drinking water shall be exempted as set forth in thefollowing provisions:

(1) If packaged in glass, plastic or fluid milk type paper containers of 8 and64 fluid ounce capacity, the products are exempt from the requirements of§ 23.13(b)(2) (relating to weight, liquid measure or count terminology), to theextent that net contents of 8 fluid ounces and 64 fluid ounces (or 2 quarts) maybe expressed as 1/2 pint (or 1/2 pint) and 1/2 gallon (or 1/2 gallon), respec-tively.

(2) If packaged in glass, plastic or fluid milk type paper containers of 1pint, 1 quart and 1/2 gallon capacities, are exempt from the dual net contentsdeclaration requirements of § 23.13(f)(2).

(3) If packaged in glass or plastic containers of 1/2 pint, 1 pint, 1 quart, 1/2gallon and 1 gallon capacities, are exempt from the placement requirement of§ 23.21(1) (relating to general) that the declaration of net contents be locatedwithin the bottom 30% of the principal display panel, only if other requiredlabel information is conspicuously displayed on the cap or outside closure andthe required net quantity of contents declaration is conspicuously blown,formed, molded into or permanently applied to that part of the glass or plasticcontainer that is at or above the shoulder of the container.

§ 27.11. Soft drink bottles.

Bottles of soft drinks shall be exempt from the placement requirements for thedeclaration of either or both of the following, if there is compliance with thatprovision:

(1) Identity. If the declaration appears on the bottle closure.(2) Quantity. If the declaration is blown, formed or molded on or above the

shoulder of the container and if other information required by this regulationappears only on the bottle closure.

§ 27.12. Multiunit soft drink packages.

Multiunit packages of soft drinks are exempt from the requirement for a dec-laration of either or both of the following, if there is compliance with that provi-sion:



(1) Responsibility. If the declaration appears on the individual units and isnot obscured by the multiunit packaging, or if the outside container bears astatement to the effect that the declaration will be found on the individual unitsinside.

(2) Identity. If the declaration appears on the individual units and is notobscured by the multiunit packaging.

§ 27.13. Butter.If butter is packaged in 4 ounce, 8 ounce and 1 pound units with continuous

label copy wrapping, butter is exempt from the requirements that the statementof identity in § 23.1(a) (relating to general) and the net quantity declaration in§ 23.21(5) (relating to general) be generally parallel to the base of the package.If packaged in 8 ounce and 1 pound units, butter is exempt from the requirementfor location in § 23.21(1) of net quantity declaration and, if packaged in onepound units, is exempt from the requirement for dual quantity declaration in§ 23.13(f)(1) (relating to weight, liquid measure or count terminology).

§ 27.14. Eggs.Cartons containing 12 eggs shall be exempt from the requirement for location

in § 23.21 (relating to general) of net quantity declaration. If the cartons aredesigned to permit division in half, each half shall be exempt from the labelingrequirements of this title if the undivided carton conforms to the requirements.

§ 27.15. Flour.Packages of wheat flour packaged in units of 2, 5, 10, 25, 50 and 100 pounds

shall be exempt from the requirement for location in § 23.21(1) (relating to gen-eral) of the net quantity declaration and, if packaged in units of 2 pounds, shallbe exempt also from the requirement for a dual quantity declaration in§ 23.13(f)(1) (relating to weight, liquid measure or count terminology).

§ 27.16. Small packages.On a principal display panel of 5 square inches or less, the declaration of quan-

tity need not appear in the bottom 30% of the principal display panel if that dec-laration satisfies the other requirements of this title.

§ 27.17. Multiunit packages.On individual units of a multiunit retail package, the declaration of quantity

need not appear in the bottom 30% of the principal display panel if that declara-tion satisfies the other requirements of this title.

§ 27.18. Decorative containers.The principal display panel of a cosmetic marketed in a ‘‘boudoir-type’’ con-

tainer including decorative cosmetic containers of the ‘‘cartridge,’’ ‘‘pill box,’’


27-5(255715) No. 296 Jul. 99

‘‘compact’’ or ‘‘pencil’’ variety, and those with a capacity of 1/4 ounce or less,may be a tear-away tag or tape affixed to the decorative container and bearing themandatory label information as required by this title.

§ 27.19. Combination packages.Combination packages are exempt from the requirements of the following:

(1) Location, as provided in § 23.21(1) (relating to general).(2) Free area, as provided in § 23.21(4).(3) Minimum height of numbers and letters, as provided in § 23.23(a)

(relating to type size in principal display panel).

§ 27.20. Margarine.Margarine in 1 pound rectangular packages, except for packages containing

whipped or soft margarine or packages containing more than four sticks, shall beexempt from the requirement in this title for location in § 23.21(1) (relating togeneral) of the net quantity declaration, and shall be exempt from the requirementfor a dual quantity declaration of § 23.13(f)(1) (relating to weight, liquid mea-sure or count terminology).

§ 27.21. Corn flour.Corn flour packaged in conventional 5, 10, 25, 50 and 100 pound bags shall be

exempt from the requirement for location of § 23.21(1) (relating to general) ofthe net quantity declaration.

§ 27.22. Prescription and insulin drugs.Prescription and drugs containing insulin subject to section 503(b)(1) or 506 of

the Federal Food, Drug, and Cosmetic Act are exempt from this title.

§ 27.23. Camera film.Camera film packaged and labeled for retail sale is exempt from the net quan-

tity statement requirements of this title which specify how measurement of com-modities should be expressed, only if there is compliance with the following pro-visions:

(1) The net quantity of contents on packages of movie film and bulk stillfilm is expressed in terms of the number of lineal feet of usable film containedtherein.

(2) The net quantity of contents on packages of still film shall be expressedin terms of the number of exposures the contents will provide. The length andwidth measurements of the individual exposures, expressed in millimeters orinches, are authorized as an optional statement, as, for example: ‘‘36 exposures,36 × 24 mm’’ or ‘‘12 exposures, 2 1/4 × 2 1/4 in.’’



§ 27.24. Paint and kindred products.Paints, varnishes, lacquers, thinners, removers, oils, resins and solvents, if

packed in 1 liquid pint and 1 liquid quart units are exempt from the dual quantitydeclaration requirements of § 23.13(f)(2) (relating to weight, liquid measure orcount terminology).

§ 27.25. Automotive antifreeze.Automotive cooling system antifreeze, if packed in 1 liquid quart units, in

metal or plastic containers, are exempt from the dual quantity declaration require-ments of § 23.13(f)(2) (relating to weight, liquid measure or count terminology).

§ 27.26. Motor oils.Motor oils, if packed in 1 liquid quart units, are exempt from the dual quantity

declaration requirements of § 23.13(f)(2) (relating to weight, liquid measure orcount terminology). Additionally, motor oil in 1 liquid quart, 1 gallon, 1 1/4 gal-lon, 2 gallon and 2 1/2 gallon units, bearing the principal display panel on thebody of the container, is exempt from the requirements of §§ 21.11, 23.1 and25.1 (relating to consumer and nonconsumer packages; general), to the extent thatthe SAE grade is required to appear on the principal display panel, only if theSAE grade appears on the can lid and is expressed in letters and numerals in typesize of at least 1/4 inch.

§ 27.27. Bakery products.Bakery products customarily sold on the basis of count rather than weight and

offered for sale in transparent packages by the producer, at a retail bakery store,are exempt from the requirements of this title.

VARIATIONS

§ 27.31. Packaging.Variations from the packaging regulations of this title shall be allowed if there

is compliance with the following provisions:(1) Variations from declared net quantity. Variations from the declared net

weight, measure or count shall be permitted if caused by unavoidable devia-tions in weighing, measuring or counting the contents of individual packageswhich occur in good packaging practice, but the variations may not be permit-ted to the extent that the average of the quantities in the packages of a particu-lar commodity, or a lot of the commodity which is kept, offered, exposed forsale or sold, is below the quantity stated, and no unreasonable shortage in apackage may be permitted, even though overages in other packages in the sameshipment, delivery or lot compensate for the shortage. Variations above thedeclared quantity may not be unreasonably large.


27-7(255717) No. 296 Jul. 99

(2) Variations resulting from exposure. Variations from the declared weightor measure shall be permitted if caused by ordinary and customary exposure toconditions that normally occur in good distribution practice and that unavoid-ably result in change of weight or measure, but only after the commodity isintroduced into intrastate commerce. The phrase ‘‘introduced into intrastatecommerce’’ as used in this paragraph means the time and the place at whichthe first sale and delivery of a package is made within the Commonwealth, thedelivery being either of the following:

(i) Directly to the purchaser or to his agent.(ii) To a common carrier for shipment to the purchaser, and if a ship-

ment, delivery or lot of packages of a particular commodity remains in thepossession or under the control of the packager or the person who introducesthe package into intrastate commerce, exposure variations will not be permit-ted.

Cross References

This section cited in 70 Pa. Code § 27.32 (relating to magnitude of permitted variations).

§ 27.32. Magnitude of permitted variations.The magnitude of variations permitted in § 27.31 (relating to packaging) shall,

in the case of a shipment, delivery or lot, be determined by the facts in the indi-vidual case.




PART III. INSPECTIONS AND DEVICES

Chap. Sec.29. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29.131. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31.133. AUTOMATIC TEMPERATURE COMPENSATORS . . . . . . . . . . . . . . . 33.135. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.137. PRECIOUS METALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37.139. [Reserved] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39.1


Source

The provisions of this Chapter 29 adopted July 20, 1979, effective July 23, 1979, 9 Pa.B. 2403;reserved September 8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preceding textappears at serial pages (136599) to (136600).


Source

The provisions of this § 29.1 adopted July 20, 1979, effective July 23, 1979, 9 Pa.B. 2403;reserved September 8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preceding textappears at serial pages (136599) to (136600).

29-1(255719) No. 296 Jul. 99


Source

The provisions of this Chapter 31 adopted September 5, 1975, effective September 6, 1975, 5 Pa.B.2318; reserved September 8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preced-ing text appears at serial pages (136601) to (136606).


Source

The provisions of this § 31.1 adopted September 5, 1975, effective September 6, 1975, 5 Pa.B.2318; reserved September 8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preced-ing text appears at serial page (136601).


Source



Source



Source



Source



Source


Ch. 31 70 § 31.1

31-1(244737) No. 285 Aug. 98


Source



Source

The provisions of this § 31.24 adopted September 5, 1975, effective September 6, 1975, 5 Pa.B.2318; reserved September 8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preced-ing text appears at serial pages (136604) to (136605).


Source

The provisions of this § 31.31 adopted September 5, 1975, effective September 6, 1975, 5 Pa.B.2318; amended September 17, 1976, effective September 18, 1976, 6 Pa.B. 2289; reserved September8, 1989, effective September 9, 1989, 19 Pa.B. 3830. Immediately preceding text appears at serialpages (136605) to (136606).


70 § 31.23 INSPECTIONS AND DEVICES Pt. I

31-2(244738) No. 285 Aug. 98 Copyright � 1998 Commonwealth of Pennsylvania

CHAPTER 33. AUTOMATIC TEMPERATURE COMPENSATORS

GENERAL

Sec.33.1. Scope.33.2. Definitions.

DEVICES

33.11. Method of sale—temperature compensations.33.12. Design of device.33.13. Test of automatic temperature compensators.33.14. Tolerances.

OWNERS AND OPERATORS

33.21. Duties of owners and operators of automatic temperature compensators.

Authority

The provisions of this Chapter 33 issued under act of May 5, 1921 (P. L. 389, No. 187) (73 P. S.§§ 1701—1715); and section 8 of the Weights and Measures Act of 1965 (73 P. S. § 1658), unlessotherwise noted.

Source

The provisions of this Chapter 33 adopted February 29, 1980, effective March 1, 1980, 10 Pa.B.913; amended March 28, 1980, effective March 1, 1980, 10 Pa.B. 1398, unless otherwise noted.

GENERAL

§ 33.1. Scope.This chapter applies to automatic temperature compensators utilized with an

approved meter for the delivery of home heating oil to a domestic consumer.


meanings, unless the context clearly indicates otherwise:API—American Petroleum Institute.Automatic temperature compensator—A device interfaced with a meter for

automatically adjusting the indication and registration of the measured volumeof product dispensed to the volume of 60°F.

Bureau—The Bureau of Standard Weights and Measures of the Department.Department—The Department of Agriculture of the Commonwealth.Hydrometer—An instrument for determining the specific gravity of a liquid.

Ch. 33 TEMPERATURE COMPENSATORS 70 § 33.1

33-1(244739) No. 285 Aug. 98

Specific gravity—The ratio of the density of a liquid to the density of purewater.

Thermal expansion rate—The amount at which a volume of liquid will con-tract or expand per degree Fahrenheit.

DEVICES

§ 33.11. Method of sale—temperature compensations.Whenever home heating oil is either sold or delivered to a domestic consumer

by the use of an approved meter equipped with an automatic temperature com-pensator, the volume shall be in terms of the United States gallon of 231 cubicinches or the liter with the volume expressed at 60°F (15.6°C). For individualdeliveries in excess of 1,000 gallons, temperature compensation may be accom-plished by the use of ‘‘Table 6’’ of the American Edition of the American Societyof Testing Materials—1P Petroleum Measurement Tables.

§ 33.12. Design of device.An automatic temperature compensator shall be of a design intended by the

manufacturer for the temperature compensation of home heating oils andapproved under the act of May 5, 1921 (P. L. 389, No. 187) (73 P. S. §§ 1701—1715).

(1) The device shall be capable of being deactivated from the automatictemperature computing mechanism so that the attached meter may indicate interms of the uncompensated volume.

(2) The device shall be capable of applying a security seal in such a man-ner that the automatic temperature compensating system cannot be discon-nected and that no adjustment can be made to the system once the security sealis in place.

(3) On the meter that is equipped with an automatic temperature compen-sator, a clear and conspicuous statement shall appear on the meter to show thatthe volume delivered has been adjusted to the volume at 60°F.

(4) On meters equipped with automatic temperature compensators, meansshall be provided for inserting for test purposes a thermometer either in the liq-uid chamber of the meter or in the meter inlet or in the discharge line immedi-ately adjacent to the meter.

§ 33.13. Test of automatic temperature compensators.(a) Settings and adjustments on automatic temperature compensators shall be

performed utilizing ‘‘Table 6’’ of the American Edition of the American Societyfor Testing Materials—1P, Petroleum Measurement Tables. Appropriate thermalexpansion rate determinations shall be performed in one of the following man-ners:

70 § 33.11 INSPECTIONS AND DEVICES Pt. I


(1) A statement by the supplier to the dealer indicating the API specificgravity number or thermal expansion rate.

(2) Determination by a hydrometer designed to determine API specificgravity.

(3) Utilization of API No. 36 for No. 2 Fuel Oil.(b) Temperature determinations in adjusting an automatic temperature com-

pensator shall be accomplished by the use of a liquid in glass mercury thermom-eter accurate to within ± 1°F.

§ 33.14. Tolerances.Meters equipped with automatic temperature compensators shall agree to

within the tolerances as prescribed in ‘‘Table 1, Tolerances for Vehicle TankMeters’’ of the ‘‘Vehicle Tank Meter Code’’ of the National Bureau of StandardsHandbook 44.

OWNERS AND OPERATORS

§ 33.21. Duties of owners and operators of automatic temperaturecompensators.

(a) If a meter is equipped with an automatic temperature compensator, it shallbe connected, operable and in use at all times. The automatic temperature com-pensator may not be removed, nor may a compensated meter be replaced on adelivery vehicle with an uncompensated meter without the written approval of theDirector of the Bureau.

(b) If a person or business utilizes automatic temperature compensators, thenthey shall only sell home heating oil by the use of a meter equipped with anautomatic temperature compensator, and delivery vehicles operated by that busi-ness used to deliver home heating oil to domestic consumers shall be equippedwith a meter and an automatic temperature compensator.

(c) Metered delivery tickets shall have clearly printed on them, in identicalsize and type as that used in the sellers address, the statement ‘‘Volume Deliv-ered Adjusted to 60°F.’’

Ch. 33 TEMPERATURE COMPENSATORS 70 § 33.14

33-3(244741) No. 285 Aug. 98


§§ 35.1—35.3. [Reserved].

Source

The provisions of these §§ 35.1—35.3 adopted November 7, 1975, effective November 8, 1975, 5Pa.B. 2934; reserved May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460. Immediately preceding textappears at serial pages (244743) to (244744).

Ch. 35 70 § 35.1

35-1(255721) No. 296 Jul. 99

CHAPTER 37. PRECIOUS METALS

Sec.37.1. Posting of prices.37.2. Scales and weighing devices.

Authority

The provisions of this Chapter 37 issued under act of February 24, 1984 (P. L. 92, No. 17) (73 P. S.§§ 1931—1942), unless otherwise noted.

Source

The provisions of this Chapter 37 adopted November 23, 1984, effective November 24, 1984, 14Pa.B. 4282, unless otherwise noted.

§ 37.1. Posting of prices.(a) When a weighing device is used to purchase precious metals, there shall

be posted, on a conspicuous sign located close to the weighing device, a state-ment of prices for the precious metals being purchased as a result of the weightdetermination.

(b) The statement of prices shall include, but not be limited to, the followingin terms of the price per troy ounce:

(1) The price for 24 karat, 18 karat, 14 karat and 10 karat gold.(2) The price for pure silver and sterling silver.(3) The price for platinum.

(c) When the weight determination is expresed in metric units, a conversionchart to troy ounces shall be prominently displayed so as to facilitate price com-parison. The metric equivalent of a troy ounce is 31.10348 grams.

§ 37.2. Scales and weighing devices.(a) A weighing device used in the purchase of precious metals shall be posi-

tioned in such a manner that its indications may be accurately read and theweighing operation observed from a position which may be reasonably assumedby the buyer and seller. A verbal statement of the result of the weighing shall bemade by the person operating the device and recorded on the dealer’s record oftransaction.

(b) The minimum graduation on the weighing device used for the purchaseof precious metals shall not exceed .1 gram or .1 pennyweight for weighingdevices whose capacities are 3,000 grams or 100 troy ounces and less. The mini-mum weight load permitted to be determined on a weighing device shall not beless than the equivalent of 25 times the smallest graduation on the weighingdevice.

(c) This section is subject to the Weights and Measures Act of 1965 (73 P. S.§§ 1651—1692).

Ch. 37 PRECIOUS METALS 70 § 37.1

37-1(244745) No. 285 Aug. 98


§§ 39.1—39.20. [Reserved].

Source

The provisions of these §§ 39.1—39.20 adopted May 22, 1998, effective May 23, 1998, 28 Pa.B.2416; reserved May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460. Immediately preceding textappears at serial pages (244747) to (244757).

Cross References

This chapter cited in 70 Pa. Code § 5.1 (relating to purpose); and 70 Pa. Code § 5.6 (relating tocertification requirements).

Ch. 39 70 § 39.1

39-1(255723) No. 296 Jul. 99

APPENDIX A. [Reserved]

Source

The provisions of this Appendix A adopted May 22, 1998, effective May 23, 1998, 20 Pa.B. 2416;reserved May 7, 1999, effective May 8, 1999, 29 Pa.B. 2460. Immediately preceding text appears atserial pages (244758) to (22759).


Pt. III


PART IV. ON-FARM-PRODUCEDDENATURED ETHYL ALCOHOL

Chap. Sec.101. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.1


Sec.101.1. Scope.101.2. Definitions.101.3. Licensing requirements.101.4. Operation of the distillery.101.5. Recordkeeping.101.6. Inspections.101.7. Annual report and fee.

Authority

The provisions of this Chapter 101 issued under section 1712 of The Administrative Code of 1929(71 P. S. § 452), unless otherwise noted.

Source

The provisions of this Chapter 101 adopted April 20, 1990, effective April 21, 1990, 20 Pa.B. 2163,unless otherwise noted.

§ 101.1. Scope.This chapter governs the licensing of on-farm producers of denatured ethyl

alcohol and the manufacture, use and sale of on-farm-produced denatured ethylalcohol.


meanings, unless the context clearly indicates otherwise.Bureau—The Bureau of Weights and Measures of the Department.Department—The Department of Agriculture of the Commonwealth.Denatured ethyl alcohol—A flammable volatile hydrocarbon liquid that was

fermented and distilled from raw agricultural products such as grains, fruits orforage crops, and that was rendered unfit for human consumption through theaddition of an obnoxious substance that does not impair the usefulness of thealcohol for other purposes.

Distillery—A place or building located on a farm owned by the licenseewhere alcohol is manufactured.

Farm—Premises which were devoted to agricultural use during the preced-ing 3 years and which are not less than 10 contiguous acres in area or have


101-1(255725) No. 296 Jul. 99

anticipated yearly gross income of $2,000 from agriculture excluding incomefrom the sale of denatured ethyl alcohol.

On-farm-production—The production in a distillery of denatured ethyl alco-hol from Pennsylvania-grown crops.

Person—A natural person, corporation, partnership and association.Proof—A number describing the strength of the denatured ethyl alcohol

solution which is double the percentage of alcohol in the solution. For example,100 proof means 50% alcohol.

§ 101.3. Licensing requirements.

(a) An application for a license to engage in the on-farm production of dena-tured ethyl alcohol shall be filed with the Department on an application formprovided by the Department.

(b) An applicant for a license shall obtain a permit from the United StatesDepartment of the Treasury, Bureau of Alcohol, Tobacco and Firearms beforeoperating the distillery. A copy of this permit shall be submitted with the appli-cation form.

(c) A license issued under this chapter shall expire on December 31 in theyear for which it is issued.

(d) A license issued under this chapter is not transferable.

§ 101.4. Operation of the distillery.

(a) A license issued under this chapter entitles only the licensee to producedenatured ethyl alcohol which shall be denatured under 27 CFR Part 21 (relatingto formulas for denatured alcohol and rum).

(b) A licensee shall construct and operate its distillery and associated storagefacilities in accordance with applicable Federal, State and local laws.

§ 101.5. Recordkeeping.

(a) A license under this chapter shall keep for each day it operates a distillerya record containing the following information:

(1) Kind, quantity and the source of the crops used.(2) Quantity and proof of the denatured ethyl alcohol produced.

(b) A record required to be kept under this section shall be maintained for atleast 5 years and shall be made immediately available to the Department uponrequest.

Cross References

This section cited in 70 Pa. Code § 101.6 (relating to inspections).

70 § 101.3 DENATURED ETHYL ALCOHOL Pt. I


§ 101.6. Inspections.(a) Upon the request of an agent of the Department during regular and usual

business hours, or at other times when a reasonable belief that a violation of thischapter may exist, a licensee shall:

(1) Produce for inspection records maintained under § 101.5 (relating torecordkeeping).

(2) Permit the agent to examine the distillery and related storage facilities.(b) The Department’s agent will advise the licensee that the inspection is

being conducted under section 1712(f) of The Administrative Code of 1929 (71P. S. § 452(f)) and this chapter.

(c) The Department reserves the right to enter and conduct an inspection atleast annually and at other times upon complaint or reasonable belief that a vio-lation of this chapter may exist. The Department reserves the right to enter andconduct a special inspection as a follow-up to a previous inspection that revealednoncompliance with this chapter.

(d) Failure of a licensee to produce records for inspection or to permit exami-nation of its distillery or related storage facilities may be grounds for suspension,revocation or denial of a license issued under this chapter. An action taken by theDepartment under this subsection shall be subject to 2 Pa.C.S. § 504 (relating tohearing and record).

§ 101.7. Annual report and fee.(a) Annual report. A person who was licensed under this chapter during the

preceding calendar year shall file on or before January 30 an annual report withthe Department covering the operation of the distillery during the preceding year.The report shall be on a form provided by the Department.

(b) Fee. The annual report shall be accompanied by a fee based upon the vol-ume of denatured ethyl alcohol produced during the preceding year in accordancewith the following schedule:

Alcohol Produced Fee

Not over 1,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25

Over 1,000 gallons but not over 5,000 gallons . . . . . . . . . . . . . . . . . . . . . . $ 50

Over 5,000 gallons but not over 20,000 gallons . . . . . . . . . . . . . . . . . . . . . $100

Over 20,000 gallons but not over 50,000 gallons . . . . . . . . . . . . . . . . . . . . $200

Over 50,000 gallons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200 plus $1for every 1,000 gallons over 50,000 gallons.


101-3(314891) No. 374 Jan. 06

PART V. STATE METROLOGY LABORATORY

Chap. Sec.110. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.1


Sec.110.1. Metrology services.110.2. State Metrology Laboratory fee schedule.

Authority


Source


§ 110.1. Metrology services.(a) The State Metrology Laboratory provides testing services including cali-

bration to ASTM, NIST and OIML standards.(b) Requests for testing services must be made by appointment. No standards

or equipment will be accepted for testing without appointment.(c) Units submitted for testing or calibration must be cleaned before submis-

sion.

§ 110.2. State Metrology Laboratory fee schedule.(a) General. The State Metrology Laboratory shall charge a fee for any test-

ing services it provides under authority of the act. These services include actualmetrology laboratory calibration, type evaluation and any other services identifiedin subsection (c).

(b) Exemptions.(1) Agencies of the Commonwealth are exempt from having to pay any of

the fees established in this section.(2) A city or county which is required to procure standards of weights and

measures and additional equipment in accordance with section 4123 of the act(relating to city and county standards and equipment) to enforce the act isexempt from having to pay fees with respect to the calibration, evaluation orother testing of those standards and that equipment.(c) Schedule of fees. The State Metrology Laboratory shall charge the follow-

ing fees for the indicated testing services:


110-1(314893) No. 374 Jan. 06

General type of test Description Fee

Precision mass Up to ASTM E 617 Class 2 orbest calibration but not to aspecific class to and including30 kg. or 50 lb.

$30 per weight

Precision mass ASTM E617 Class 3 and 4 andOIML Class F1 and F2 to andincluding 30 kg. or 50 lb.

$12 per weight

Ordinary mass NIST Class F and ASTM E617Classes 5, 6, 7 and OIML ClassM1, M2 and M3 to and including5 kg. or 10 lb.

$2 per weight (without adjustment)

$10 per weight (with adjustment)

Ordinary mass NIST Class F and ASTM E617Classes 5, 6 and 7 from 10 kg.or 20 lb. to 50 kg. or 100 lb.



Ordinary mass NIST Class F and ASTM E617Classes 5, 6 and 7 from 100 kg.or 200 lb. to 2500 kg. or 5500 lb.



Ordinary mass Weight carts $50 per cart

Volume transfer 5 gallon/20 liter test measures $15 per measure (includesadjustment)

Volume transfer 10 gallon to 50 gallon $50 per prover (includes adjustment)

Volume transfer 51 to 100 gallon $150 per prover (includesadjustment)

Volume transfer Greater than 100 gallon $150 plus $50 per each additional100 gallons or fractions thereof

Gravimetric calibrations Metal test measures to 5 gallonor 20 liters or 1 cubic foot

$35 per item

Length calibrations Metal tapes or rules $15 per point tested

Timing devices Stopwatches $30

Wheel load weighers $6 per scale

Special tests $75 per man-hour

(d) Payment of fees. A nonrefundable deposit for the estimated fee shall besubmitted when the testing request is made. Fees are payable at the time themetrology service is provided, regardless of whether the item tested is certifiedor approved.

Cross References

This section cited in 70 Pa. Code § 10.10 (relating to fees).

70 § 110.2 DENATURED ETHYL ALCOHOL Pt. I


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