3 Pennsylvania Consolidated Statutes Chapter 41 - Weights And Measures
Subchapter A. General Provisions
Subchapter B. Weights and Measures Generally
- Section 4105 - Systems Of Weights And Measures
The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized,...
- Section 4106 - State Standards Of Weight And Measure
Such weights and measures in conformity with the standards of the United States as have been supplied to the Commonwealth by the Federal Government...
- Section 4107 - Office And Working Standards And Equipment
In addition to the State standards provided for in section 4106 (relating to State standards of weight and measure), there shall be supplied by...
- Section 4108 - Director And Inspectors Of Weights And Measures
There shall be a director of weights and measures and inspectors of weights and measures and necessary technical and clerical personnel who shall be...
- Section 4109 - General Powers And Duties Of Department
The State Metrology Laboratory shall have the custody of the State standards of weight and measure and of the other standards and equipment provided...
- Section 4110 - Specific Powers And Duties Of Department; Regulations
(a) Regulations.--The department shall issue from time to time regulations for the enforcement and administration of this subchapter, which regulations, upon being promulgated pursuant...
- Section 4111 - Testing And Inspections Of Standards
The State Metrology Laboratory at least once every five years shall test the standards of weight and measure procured by any city or county...
- Section 4112 - General Testing And Inspections
(a) Schedule.--When not otherwise provided by law, the department shall have the powers to inspect and test to ascertain if they are correct all...
- Section 4113 - Registration Of Sellers, Installers And Repairers Of Weighing And Measuring Devices
The department shall have the authority to establish, by regulation, a program requiring the registration of persons engaged in the business of selling, installing,...
- Section 4114 - Registration And Report Of Inspection And Testing Of Weighing And Measuring Devices Used For Commercial Purposes
The department shall establish, by regulation, a program requiring the registration and reporting of inspection and testing of weighing and measuring devices which are...
- Section 4115 - Training Program
(a) Inspectors and county and city sealers.--The department shall establish by regulation minimum training which shall be required to be met by all inspectors...
- Section 4116 - Investigations
The department shall investigate complaints made to it concerning violations of the provisions of this subchapter and shall, upon its own initiative, conduct such...
- Section 4117 - Inspection Of Packages
The department shall, from time to time, weigh or measure and inspect packages or amounts of commodities kept, offered or exposed for sale, sold...
- Section 4118 - Stop-use, Stop-removal And Removal Orders
(a) Orders.--The department shall have the power to issue stop-use orders, stop-removal orders and removal orders with respect to weights and measures being commercially...
- Section 4119 - Disposition Of Correct And Incorrect Apparatus
(a) Approval and disapproval.--The department shall approve for use and seal or mark with appropriate devices such weights and measures as it finds upon...
- Section 4120 - Police Powers; Right Of Entry And Stoppage
(a) Seizure without warrant.--With respect to the enforcement of this chapter and any other acts dealing with weights and measures, the department may seize...
- Section 4121 - Powers And Duties Of Director And Inspector
(a) Powers and duties.--The powers and duties given to and imposed upon the department by sections 4111 (relating to testing and inspections of standards),...
- Section 4122 - City And County Sealers And Deputy Sealers Of Weights And Measures; Appointment, Powers And Duties
(a) Appointment.--The mayors of cities of the second and third class, and the several boards of county commissioners, may, respectively, appoint one or more...
- Section 4123 - City And County Standards And Equipment
(a) Procurement of standards.--The mayor of each city and the board of county commissioners of each county to which a delegation of powers and...
- Section 4124 - Concurrent Jurisdiction
In cities and counties to which a delegation of powers and duties has been effected pursuant to section 4121 (relating to powers and duties...
- Section 4125 - Division Of Responsibilities
(a) Agreements; local inspection.--The department shall enter into memorandums of understanding with counties and with cities to which a delegation of powers and duties...
- Section 4126 - Duty Of Owners Of Incorrect Apparatus
(a) Rejected apparatus.--Weights and measures that have been rejected under the authority of the department or of a sealer shall remain subject to the...
- Section 4127 - Method Of Sale Of Commodities
(a) Liquid commodities.--General commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this...
- Section 4128 - Packages; Declarations Of Quantity And Origin; Variations; Exemptions
(a) Declarations.--Except as otherwise provided in this subchapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce...
- Section 4129 - Declarations Of Unit Price On Random Packages
In addition to the declarations required by section 4128 (relating to packages; declarations of quantity and origin; variations; exemptions), any commodity in package form,...
- Section 4130 - Misleading Packages
(a) Packaging.--No commodity in package form shall be so wrapped nor shall it be in a container so made, formed or filled as to...
- Section 4131 - Advertising Packages For Sale
(a) Quantity of contents.--Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in...
- Section 4132 - Sale By Net Weight
The word "weight" as used in this subchapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the...
- Section 4133 - Misrepresentation Of Price
(a) Pricing.--Whenever any commodity or service is sold or is offered, exposed or advertised for sale by weight, measure or count, the price shall...
- Section 4134 - Meat, Poultry And Seafood
Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for...
- Section 4135 - Butter, Oleomargarine And Margarine
Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight and only in units of one-quarter pound, one-half pound...
- Section 4136 - Fluid Dairy Products
(a) Quantities.--All fluid dairy products, including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk, shall be...
- Section 4137 - Flour, Cornmeal And Hominy Grits
(a) Increments of weight.--When in package form and when packed, kept, offered or exposed for sale or sold, wheat flour, whole wheat flour, graham...
- Section 4138 - Potatoes
(a) Increments of weight.--All potatoes packed for sale, offered or exposed for sale in this Commonwealth shall be packaged in containers of net weights...
- Section 4139 - Construction Of Contracts
Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined...
- Section 4140 - Hindering Or Obstructing Officer; Penalties
Any person who shall hinder or obstruct in any way the department, the director or any one of the inspectors or a sealer or...
- Section 4141 - Impersonation Of Officer; Penalties
Any person who shall impersonate in any way the department, the director or any one of the inspectors or a sealer or deputy sealer...
- Section 4142 - Prohibited Acts
(a) General rule.--It shall be unlawful: (1) To use or have in possession for the purpose of using for any commercial purpose specified in...
- Section 4143 - Presumptive Evidence
For the purposes of this subchapter, proof of the existence of a weight or measure or a weighing or measuring device in or about...
Subchapter C. Public Weighmasters
- Section 4150 - Enforcement And Regulations
(a) General rule.--The director is authorized and directed to enforce the provisions of this subchapter and to adopt, with the approval of the department,...
- Section 4151 - Licenses
(a) Requirement.--Except as otherwise provided in this subchapter, no person shall make or issue a weighmaster's certificate unless licensed by the department. Application for...
- Section 4152 - Weighmasters' Certificates
The original weighmaster's certificate shall be typewritten or made out in ink or indelible pencil, and the original and each copy of the certificate...
- Section 4153 - Preparation Of Weighmaster's Certificate
A licensed public weighmaster shall not enter on a weighmaster's certificate issued by the weighmaster any weight values which the weighmaster has not personally...
- Section 4154 - Use Of Approved Weighing Device Required
When making a weight determination as provided for by this subchapter, a licensed public weighmaster shall use a weighing device approved by the bureau...
- Section 4155 - Scale Requirement
A licensed public weighmaster shall not use a scale to weigh a load which exceeds the normal or rated capacity of the scale, nor...
- Section 4156 - Disposition Of Copies Of Certificates
The original copy of a weighmaster's certificate shall be delivered to the purchaser of the commodity specified in the certificate at the time of...
- Section 4157 - License Required; Definition
(a) License required.--No person shall assume the title "licensed public weighmaster" or any title of similar import, perform the duties or acts to be...
- Section 4158 - Suspension Or Revocation Of Licenses
(a) Authorization.--The department is authorized to suspend or revoke the license of any licensed public weighmaster: (1) when it is satisfied, after a hearing,...
- Section 4159 - Prohibited Acts
(a) General rule.--It shall be unlawful: (1) For a weighmaster to issue a false or incorrect weighmaster's certificate. (2) For a person to solicit...
- Section 4160 - Sales By Weight
Any commodity shall be duly weighed by a licensed weighmaster of this Commonwealth on accurate scales which are suitable for weighing the tare and...
- Section 4161 - Separation Required
When more than one type of solid fuel or other commodity is sold or delivered to a consumer, the vehicle making the delivery shall...
- Section 4162 - Substitution Of Another Purchaser In Weighmaster's Certificate
If a person is, for practical reasons, unable to deliver a commodity to the purchaser originally designated in the weighmaster's certificate, the person may...
- Section 4163 - Authorization To Inspect And Direct To Nearest Scales
Any State, county or city inspector of weights and measures who finds any commodity ready for or in process of delivery may inspect the...
- Section 4164 - Weighmaster's Certificate Required
(a) General rule.--No person shall sell, transport over a public highway, deliver or cause to be delivered or start out to deliver any solid...
- Section 4165 - Small Lots
When solid fuel is sold in lots not exceeding 100 pounds, the provisions of section 4164(a) (relating to weighmaster's certificate required) shall not apply...
- Section 4166 - Exception For Boatloads Or Railroad Carloads
Section 4164(a) (relating to weighmaster's certificate required) shall not apply to the sale of a boatload or railroad carload of solid fuel delivered directly...
- Section 4167 - Rules And Regulations
The department shall have the power to adopt and promulgate rules and regulations necessary to carry out the provisions of this subchapter. All previous...
- Section 4168 - Sales By Employer-producer To Employees
In any case where under the provisions of a contract it is provided that solid fuel be sold at cost by an employer-producer to...
- Section 4169 - Existing Licenses
A person who holds a valid license issued under the act of July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel Weight...
Subchapter D. Device Type Approval
- Section 4170 - Approval Of Types Of Weights And Measures And Weighing And Measuring Devices
The bureau is authorized to pass upon each type of weight and measure and weighing and measuring device manufactured, offered or exposed for sale...
- Section 4171 - Submission Of Types For Approval
The submission of a type may be by sample or by specifications if, in the best judgment of the bureau, such specifications are adequate...
- Section 4172 - Certificates Of Approval; Notice Of Disapproval; Appeals
When a type of weight or measure or weighing or measuring device is approved, the bureau shall issue a certificate of approval to the...
- Section 4173 - Manufacture, Sale Or Use Of Unapproved Weights, Measures And Devices
It shall be unlawful for any person to manufacture, offer or expose for sale or sell or give away for use in trade or...
- Section 4174 - Marking Of Approved Weights And Measures
It shall be unlawful to manufacture, offer or expose for sale or sell or give away for use in trade or commerce or to...
- Section 4175 - Marking Of Weights And Measures "Not Legal For Trade."
It shall be conclusively presumed that a weight or measure or weighing or measuring device is intended for use in trade or commerce if...
- Section 4176 - Rules And Regulations
Rules and regulations for the carrying out and enforcement of the provisions of this subchapter, not inconsistent with the provisions thereof, shall be adopted...
- Section 4177 - Sealing Of Approved Weights And Measures
Inspectors of weights and measures of this Commonwealth and sealers of the several counties and cities of this Commonwealth may seal, for use in...
- Section 4178 - Fees
The Department of General Services shall charge and collect fees for actual metrology laboratory calibration, type evaluation and any other testing services which may...
- Section 4179 - Enforcement
It shall be the duty of the bureau and the sealers of weights and measures of the several counties and cities who shall find...
Subchapter E. Domestic Fuel Oil
- Section 4180 - Meter Required
(a) Metered vehicle.--No person shall deliver light fuel oils to any domestic consumer unless the vehicle by which such light fuel oils are delivered...
- Section 4181 - Small Deliveries
Fuel oil deliveries of 50 gallons or less may be delivered without being metered, provided that the delivery be made in standard measures of...
- Section 4182 - Exceptions
The provisions of this subchapter shall not apply to deliveries of heavy fuel oils nor to deliveries of light fuel oils to industrial plants,...
- Section 4183 - Enforcement Of Chapter, Rules And Regulations
(a) Duties.--It shall be the duty of the department and the sealers of weights and measures of the several counties and cities to enforce...
Subchapter F. Automotive Fuel Testing and Disclosure Program
Subchapter G. Miscellaneous Provisions
Last modified: October 8, 2016