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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2380.3 - Application

§ 2380.3. Application.
(a) Form.--
An application for licensure, including license renewal, must be made on a form prescribed by the department.
(b) Fee.--
An application for a license or for renewal of a license shall be accompanied by a fee of $150. Notwithstanding any other provision of this chapter to the contrary, license fees collected under this section shall be deposited in the Cervidae Livestock Operation Account, which is established as a restricted account in the State Treasury. Moneys in the Cervidae Livestock Operation Account are appropriated on a continuing basis to the department for the purpose of administering this subchapter. All interest and earnings received from investment or deposit of the moneys in the Cervidae Livestock Operation Account shall be paid into the account for the purpose authorized by this subsection. Any unexpended moneys and any interest or earnings on the money in the Cervidae Livestock Operation Account may not be transferred or revert to the General Fund but shall remain in the account to be used by the department for the purpose specified in this subsection.
(Nov. 23, 2010, P.L.1142, No.116, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2380.4 - Issuance

§ 2380.4. Issuance.
(a) Inspection.--
The department shall inspect the premises of and investigate each applicant. An inspection under this subsection may be made by the department or an agent of the department, including a licensed doctor of veterinary medicine accredited by the department.
(b) Issuance.--
Subject to subsection (c)(3), the department shall issue a license if it determines, after inspection of the premises and investigation of the applicant, all of the following:
(1) The premises, including fences, buildings, equipment and sanitary conditions, comply with this subchapter and regulations of the department under this subchapter.
(2) The applicant is able to conduct a Cervidae livestock operation in compliance with this subchapter and regulations of the department under this subchapter.
(c) Provisional license.--
(1) A Cervidae livestock operation which is in operation on the effective date of this subsection but which was not, prior to the effective date of this subsection, subject to licensure shall be granted a provisional license.
(2) Within one year of the effective date of this subsection, the department shall, for each provisional licensee:
(i) perform the investigation and inspection under this section; and
(ii) either issue a license or deny the application.
(3) If the department does not comply with the time requirement under paragraph (2) for a license application by a provisional licensee, a license shall be deemed to be issued.
(June 29, 2006, P.L.206, No.51, eff. 60 days)
2006 Amendment.
See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
Cross References.
Section 2380.4 is referred to in section 2380.5 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2380.5 - Term; renewal

§ 2380.5. Term; renewal.
(a) Term.--
A license is valid for a period of two years from the date of:
(1) issuance under section 2380.4(b) (relating to issuance);
(2) deemed issuance under section 2380.4(c)(3); or
(3) renewal under subsection (b).
(b) Renewal.--
A license shall be renewed upon application if the department determines all of the following:
(1) The licensee has not been cited for a violation of this subchapter or a regulation of the department under this subchapter.
(2) There is no reason to believe that the licensee is unable to conduct a Cervidae livestock operation in compliance with this subchapter and regulations of the department under this subchapter.
(June 29, 2006, P.L.206, No.51, eff. 60 days)
2006 Amendment.
See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2380.8 - Violations by licensees

§ 2380.8. Violations by licensees.
(a) Notice.--
The department must provide a licensee with written notice of a violation of this subchapter or a regulation under this subchapter. The notice must provide a time period within which to correct the violation.
(b) Sanctions.--
(1) If the licensee does not correct a violation specified in a notice under subsection (a) within the specified time period, the department may take the following actions:
(i) Suspend the license.
(ii) Revoke the license.
(iii) Seek enforcement under section 2383 (relating to enforcement and penalties).
(2) Paragraph (1)(i) and (ii) are subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2380.9 - Game and Wildlife Code and regulations

§ 2380.9. Game and Wildlife Code and regulations.
(a) Code.--
The provisions of 34 Pa.C.S. (relating to game) are repealed insofar as they are inconsistent with this subchapter.
(b) Regulations.--
(1) The provisions of 58 Pa. Code Pt. III (relating to Game Commission) are abrogated insofar as they are inconsistent with this subchapter.
(2) Notwithstanding any other provision of law, the Pennsylvania Game Commission has no authority to promulgate regulations on Cervidae livestock operations.
(June 29, 2006, P.L.206, No.51, eff. 60 days)
2006 Amendment.
See the preamble to Act 51 in the appendix to this title for special provisions relating to legislative intent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2382 - Regulations

§ 2382. Regulations.
(a) General authority.--
The department shall promulgate and adopt rules and regulations necessary for the administration and implementation of this chapter.
(b) Preexisting regulations.--
Except to the extent that they are inconsistent with any provision of this chapter, regulations in effect on the effective date of this chapter shall continue in effect unless subsequently modified by regulations promulgated by the department.
(c) Fees.--
The department may impose licensure and user fees to recover costs of supplies, equipment, administration and other fixed overhead costs to provide services and voluntary programs to the domestic animal industry. Unless otherwise specified in this chapter, such fees shall be established by the department through regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2383 - Enforcement and penalties

§ 2383. Enforcement and penalties.
(a) Criminal penalties.--
Unless otherwise specified, any person who violates any of the provisions of this chapter or any rule, regulation or order made under this chapter:
(1) For a first offense, commits a summary offense and shall, upon conviction, be sentenced for each offense to pay a fine of not less than $100 nor more than $300 and costs of prosecution and, in default of payment of such fine and costs, shall be sentenced to undergo imprisonment for a period of not more than 90 days.
(2) For a subsequent offense committed within three years of a prior conviction for any violation of this chapter or any rule, regulation or order made under this chapter, commits a misdemeanor of the second degree and shall, upon conviction, be sentenced to pay a fine of not less than $1,000 nor more than $5,000 or to imprisonment for not more than two years, or both, at the discretion of the court.
(b) Civil penalties.--
(1) In addition to proceeding under any other remedy available at law or in equity for a violation of a provision of this chapter or a rule or regulation adopted thereunder or any order issued pursuant thereto, the department may assess a civil penalty of not more than $10,000 upon an individual or business for each offense.
(2) No civil penalty shall be assessed unless the person charged shall have been given notice and opportunity for a hearing on such charge in accordance with law.
(3) In determining the amount of the penalty, the department shall consider the gravity of the violation. The department may issue a warning in lieu of assessing a penalty.
(4) In cases of inability to collect such civil penalty or failure of any person to pay all or such portion of the penalty as the department may determine, the department may refer the matter to the Office of Attorney General, which shall recover such amount by action in the appropriate court.
Cross References.
Section 2383 is referred to in sections 2380.8, 2386 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2384 - Disposition of fees, fines and civil penalties

§ 2384. Disposition of fees, fines and civil penalties.
All moneys derived from fees, fines and civil penalties collected or imposed under this chapter shall be paid into the State Treasury and shall be credited to the general government operations appropriation of the Department of Agriculture to administer the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2385 - Interference with officer or employee of department

§ 2385. Interference with officer or employee of department.
A person who willfully or intentionally interferes with an employee or officer of the department in the performance of duties or activities authorized under this chapter commits a misdemeanor of the third degree and shall, upon conviction, be subject to a term of imprisonment of not more than one year or a fine of not more than $2,500, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2386 - Civil remedy

§ 2386. Civil remedy.
In addition to any other remedies provided for in this chapter, the Attorney General, at the request of the department, may initiate in the Commonwealth Court or the court of common pleas of the county in which the defendant resides or has his place of business an action in equity for an injunction to restrain any and all violations of this chapter or the rules and regulations promulgated under this chapter or any order issued pursuant to this chapter from which no timely appeal has been taken or which has been sustained on appeal. In any such proceeding, the court shall, upon motion of the Commonwealth, issue a preliminary injunction if it finds that the defendant is engaging in conduct that is unlawful under this chapter or is engaging in conduct which is causing immediate or irreparable harm to the public. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings. In addition to an injunction, the court in such equity proceedings may levy civil penalties under section 2383 (relating to enforcement and penalties).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2387 - Inapplicability of penal cruelty to animals statutes

§ 2387. Inapplicability of penal cruelty to animals statutes.
No action taken by the department or decision not to act made by the department or condition or action required of another by the written instruction of the department shall be construed as cruelty to animals under any penal statute of this Commonwealth provided that such an action, decision or condition is taken, made or required under the authority of this chapter and its attendant regulations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2388 - Exemption for governmental entities

§ 2388. Exemption for governmental entities.
All agencies or commissions of the Federal Government and the Commonwealth shall be exempt from the licensure requirements of Subchapters D (relating to dealers, agents and haulers of domestic animals or dead domestic animals), E (relating to disposal of dead domestic animals and animal waste) and G (relating to garbage feeding business).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2389 - Preemption of local laws and regulations

§ 2389. Preemption of local laws and regulations.
This chapter and its provisions are of Statewide concern and shall have eminence over any ordinances, resolutions and regulations of political subdivisions which pertain to transmissible diseases of domestic animals as defined in this chapter; the whole field of regulation regarding the identification of domestic animals; the detection, containment or eradication of dangerous transmissible diseases and hazardous substances; the licensure of domestic animal or dead domestic animal dealers, agents and haulers; the procedure for disposal of dead domestic animals and domestic animal waste; the procedure for the slaughter and processing of domestic animals; humane husbandry practices and the licensure and conditions of garbage feeding businesses.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 23 - Domestic Animals › Section 2390 - Regulation of swine hunting preserves

§ 2390. Regulation of swine hunting preserves.
(a) Promulgation.--
The department shall promulgate regulations for swine hunting preserves consistent with section 14 of the department's General Quarantine Order on the Importation and Intrastate Movement of Swine, published at 39 Pa.B. 5442 (September 19, 2009).
(b) Time.--
The department shall promulgate the regulations under subsection (a) within two years of the effective date of this subsection.
(c) Sterilization of male swine.--
On and after the effective date of this section, it shall be unlawful to release onto a swine hunting preserve a male swine that has not been sterilized.
(d) Pennsylvania Game Commission.--
Notwithstanding any other law, the Pennsylvania Game Commission shall have no authority to promulgate regulations on swine hunting preserves, and no regulation promulgated under this section shall be construed to be governed by 34 Pa.C.S. (relating to game).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 25 - Animal Exhibition Sanitation › Section 2502 - Sanitation standards

§ 2502. Sanitation standards.
(a) Minimum.--
The following sanitation standards are required to minimize the risk of contracting a zoonotic disease at an animal exhibition:
(1) An operator shall promote public awareness of the risk of contracting a zoonotic disease at the animal exhibition and of the measures necessary to minimize the risk of contraction by posting appropriate notices at the animal exhibition.
(2) An adequate hand-cleansing facility for adults and children shall be conveniently located on the animal exhibition grounds. The operator shall post appropriate notices which designate the location of the hand-cleansing facility required by this paragraph and encourage the cleansing of hands after touching animals, using the restroom and before eating.
(3) A person may not bring an animal to an animal exhibition unless the person provides the operator with one of the following:
(i) Except as provided under subparagraph (ii), a valid Pennsylvania health certificate or interstate certificate of veterinary inspection.
(ii) A signed statement by the person attesting that a veterinarian consultation relationship exists with regard to each animal to be exhibited, if a Pennsylvania health certificate or interstate certificate of veterinary inspection is not specifically required under Chapter 23 (relating to domestic animals) and regulations promulgated under Chapter 23.
(b) Additional.--
The department may promulgate additional sanitation standards through regulations.
(June 27, 2013, P.L.172, No.31, eff. imd.)
2013 Amendment.
Act 31 amended subsec. (a)(3).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 25 - Animal Exhibition Sanitation › Section 2503 - Administration

§ 2503. Administration.
The department shall do all of the following:
(1) Access the Department of Health's aggregate data reports and other information relating to the occurrence of zoonotic diseases.
(2) In consultation with the Department of Health, promote public education and physician awareness of the risk, and the sanitation standards necessary to minimize the risk, of contracting a zoonotic disease. The primary emphasis of this paragraph shall be the need to cleanse hands after contact with animals to reduce the risk of contracting a zoonotic disease.
(3) Promulgate regulations necessary to administer this chapter.
(4) Implement and enforce this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 25 - Animal Exhibition Sanitation › Section 2504 - Penalty

§ 2504. Penalty.
(a) Imposition.--
The department may assess an administrative penalty of up to $500 for each violation of this chapter or a regulation promulgated under this chapter.
(b) Procedure.--
A penalty assessed under subsection (a) shall be subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 27 - Taxidermists › Section 2701 - Definitions

§ 2701. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Specimen."
Any of the following which are protected under this title, 30 Pa.C.S. (relating to fish) or 34 Pa.C.S. (relating to game):
(1) A bird or a part of a bird.
(2) An animal or a part of an animal.
(3) A fish or a part of a fish.
(4) A reptile or a part of a reptile.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 27 - Taxidermists › Section 2702 - Registration

§ 2702. Registration.
Any person who holds himself out to the public as a taxidermist or mounts any specimen shall register with the department on a form prescribed by the department. The registration shall include at a minimum the person's name, the business name, the address and telephone number and the person's or business tax identification number. For purposes of this section, the tax identification number may include any of the following:
(1) Federal employer identification number.
(2) Unemployment compensation account number.
(3) Social Security number.
(4) State personal income tax identification number.
(5) State sales tax number.
(6) Corporation tax number.
(7) State employer withholding number.
(8) Any other identification number acceptable to the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 27 - Taxidermists › Section 2703 - Unlawful acts

§ 2703. Unlawful acts.
A person commits a summary offense of the second degree and shall be subject to the penalty imposed under 34 Pa.C.S. § 925(b)(5) (relating to jurisdiction and penalties) if the person does any of the following:
(1) If the person is a taxidermist, mounts any specimen which was not lawfully killed or raised under authority of a propagating permit unless the owner of the specimen presents the taxidermist with a permit obtained from the Pennsylvania Game Commission or the Pennsylvania Fish Commission and, in the case of migratory birds, the required Federal permit.
(2) Mounts any specimen unless the owner of the specimen presents the person with a copy of a permit issued by the Pennsylvania Game Commission or the Pennsylvania Fish Commission. A taxidermist may accept a specimen for safekeeping and, after notifying the nearest Pennsylvania Game Commission or Pennsylvania Fish Commission officer, hold it until the owner obtains the necessary permit or for a period not to exceed 60 days.
(3) Violates the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 27 - Taxidermists › Section 2705 - Duties

§ 2705. Duties.
The department shall:
(1) Upon request, provide the Department of Revenue and the Department of Labor and Industry with information about registered taxidermists.
(2) Charge taxidermy registrants an annual fee of $100 to cover the costs of administering the registration system.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 27 - Taxidermists › Section 2706 - Recordkeeping

§ 2706. Recordkeeping.
A person registered under this chapter shall maintain an accurate record of all specimens that they mount. The record shall include the type of specimen mounted and the location where the specimen was harvested. The registrant shall make these records available to the department for inspection upon request by the Bureau of Animal Health and Diagnostic Services.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3101 - Definitions

§ 3101. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agricultural operation."
The management and use of farming resources for the production of crops, livestock or poultry.
"Best management practice."
A practice or combination of practices determined by the State Conservation Commission or United States Department of Agriculture Natural Resources and Conservation Service to be effective and practical, considering technological, economic and institutional factors, to manage nutrients and sediment to protect surface water and groundwater.
"Commission."
The State Conservation Commission established under section 4 of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law.
"Program."
The Conservation Excellence Grant Program established under section 3102 (relating to establishment).
"USDA-NRCS."
The United States Department of Agriculture Natural Resources and Conservation Service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3103 - Administration of program

§ 3103. Administration of program.
The commission shall administer the program for the purpose of providing technical and financial assistance for the implementation of best management practice projects on agricultural operations in high-priority locations within this Commonwealth through grants, loans and tax credits, or a combination of all three, as authorized under section 4(7) of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3105 - Grants, loans and tax credits

§ 3105. Grants, loans and tax credits.
(a) Awards.--
The commission may award grants or loans or request that the Department of Revenue issue tax credits to applicants for eligible projects, including costs incurred to satisfy the certification requirements of section 3106 (relating to project certification), that the commission determines will further the purpose of the program.
(b) Grants.--
Grants shall be awarded to the extent funding is made available by the General Assembly.
(c) Loans.--
Loans under this section may be awarded through the Agriculture-Linked Investment Program or any other loan program approved by the commission.
(d) Tax credits.--
Tax credits under this section may be awarded through the Resource Enhancement and Protection Tax Credit Program under Article XVII-E of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3106 - Project certification

§ 3106. Project certification.
The commission shall ensure that a project satisfies the requirements of the program in accordance with the following:
(1) Except as provided under paragraph (2), if a project's best management practice requires review and certification by a registered professional engineer under the applicable laws or regulations of this Commonwealth, the best management practice shall be certified by a registered professional engineer.
(2) Any other project shall be certified by a technical service provider, staff from a conservation district or the USDA-NRCS or any other person who has appropriate training and expertise and is approved by the commission.
Cross References.
Section 3106 is referred to in sections 3105, 3108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3107 - Criteria for evaluation of applications

§ 3107. Criteria for evaluation of applications.
In approving applications for eligible projects under the program, the commission shall give priority to complete applications based upon the following criteria:
(1) Priority locations as follows and in this order:
(i) Counties designated by the Department of Environmental Protection as Tier 1 Chesapeake Bay counties.
(ii) Counties designated by the Department of Environmental Protection as Tier 2 and 3 Chesapeake Bay counties.
(iii) All other counties.
(2) Priority practices as follows:
(i) Livestock exclusion fencing.
(ii) Stream-side buffers.
(iii) Streambank restoration.
(iv) Barnyard and feedlot runoff abatement.
(v) Stream crossings.
(vi) Off-stream watering.
(vii) Manure storage facilities.
(viii) Nutrient management plans and manure management plans.
(ix) Conservation plans or agricultural erosion and sedimentation plans.
(x) Cover crops.
(xi) Any other priority practices approved by the commission.
(3) The level and extent of planning and technical assistance, such as inventory and evaluation, design work, permits and similar types of assistance, already completed to allow for accurate estimates of project costs and for completion of the project in a timely fashion.
(4) The extent to which an applicant is willing to accept a reasonable mix of grants, loans and tax credits or to supply nongovernmental matching funds for the project.
(5) Any other criteria as adopted by the commission.
Cross References.
Section 3107 is referred to in section 3108 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 31 - Conservation Excellence Grant Program › Section 3108 - Application, review and authorization by commission

§ 3108. Application, review and authorization by commission.
(a) Application process.--
A person must apply to the commission for a grant, loan or tax credit for an eligible project under the program with an application created by the commission. The application must include all of the following information:
(1) The location of the project.
(2) The type of project.
(3) The status of the project.
(4) The type and combination of funding requested under the program.
(5) The total cost of the project.
(6) Any other information as required by the commission.
(b) Review.--
The commission shall review complete applications based upon the criteria established under section 3107 (relating to criteria for evaluation of applications) on an ongoing basis and in the order received. Within 60 days of receipt of a complete application, the commission shall notify the applicant of all of the following:
(1) Whether the project is approved for funding under the program.
(2) The total amount of funds approved for the project.
(3) The amount of each type of funding approved for the project.
(c) Notice of completion.--
Upon completion of a project funded under this program, the person who received approval for the project shall notify the commission of the completion of the project. The notice under this subsection shall include the required certification under section 3106 (relating to project certification).
(d) Inspection.--
Projects funded under this program may be subject to inspection by the commission or the commission's designated agent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Extra - Chapter Notes

Enactment.
Chapter 41 was added December 18, 1996, P.L.1028, No.155, effective in 60 days.
Cross References.
Subchapter D is referred to in sections 4154, 4180, 4181, 4182 of this title.
Enactment.
Subchapter F was added November 1, 2012, P.L.1672, No.208, effective in 30 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4105 - Systems of weights and measures

§ 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, and one or both of these systems shall be used for all commercial purposes in this Commonwealth. The definitions of basic units of weight and measure, the tables of weight and measure and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions within this Commonwealth.
Cross References.
Section 4105 is referred to in section 4139 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4106 - State standards of weight and measure

§ 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 or otherwise obtained by the Commonwealth for use as State standards shall, when the same have been certified as being satisfactory for use as such by the National Institute of Standards and Technology, be the State standards of weight and measure. The State standards shall be kept in a safe and suitable place in the State Metrology Laboratory, shall not be removed except for repairs or for certification and shall be submitted at least once in ten years to the National Institute of Standards and Technology for certification. The State standards shall be used only in verifying the office standards and for scientific purposes. The Department of General Services shall, within six months of the effective date of this section, submit to the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the Senate and the chairperson and minority chairperson of the Agriculture and Rural Affairs Committee of the House of Representatives a plan to obtain full National Institute of Standards and Technology accreditation for the State Metrology Laboratory. Such plan shall include recommendations to solve the space, facility and equipment deficiencies of the laboratory.
Cross References.
Section 4106 is referred to in section 4107 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4107 - Office and working standards and equipment

§ 4107. Office and working standards and equipment.
In addition to the State standards provided for in section 4106 (relating to State standards of weight and measure), there shall be supplied by the Commonwealth at least one complete set of copies of the State standards to be kept in the office or laboratory of the bureau and to be known as "office standards" and also such "field standards" and such equipment as may be found necessary to carry out the provisions of this chapter. The office standards and field standards shall be verified upon their initial receipt and, at least once each year thereafter, the office standards by direct comparison with the State standards and the field standards by comparison with the office standards.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4108 - Director and inspectors of weights and measures

§ 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 appointed by the department and who shall collectively comprise the State Bureau of Ride and Measurement Standards, of which the director shall be the chief. The department shall be allowed such sums for salaries for the director, the inspectors and the necessary technical and clerical employees, for necessary equipment and supplies and for traveling and contingent expenses as shall be appropriated by the General Assembly.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4109 - General powers and duties of department

§ 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 for by this chapter and shall keep accurate records of the same. The department shall enforce the provisions of this subchapter and keep a general supervision over the weights and measures offered for sale, sold or in use in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4111 - Testing and inspections of standards

§ 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 for which a sealer of weights and measures has been appointed, shall approve the same when found to be correct and shall inspect such standards at least once every two years.
Cross References.
Section 4111 is referred to in section 4121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4113 - Registration of sellers, installers and repairers of weighing and measuring devices

§ 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, servicing and repairing various types of commercial weighing and measuring devices. The program may prescribe minimum field standards to be maintained by those persons to adequately test and place weighing and measuring devices into commercial service. The program may also require that those persons give adequate notice to the responsible weights and measures jurisdiction of the installation of a commercial weighing and measuring device.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4114 - Registration and report of inspection and testing of weighing and measuring devices used for commercial purposes

§ 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 required to be tested and inspected on an annual basis in accordance with section 4112 (relating to general testing and inspections). A food establishment shall register its weighing and measuring devices at the same time it submits its annual registration under the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. A public eating and drinking place shall register its weighing and measuring devices at the same time it submits its annual license fee under the act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law. A commercial feed facility shall register its weighing and measuring devices at the same time it submits its annual license fee under section 5103 (relating to licensing). The department shall exempt from the registration requirement of this section any establishment engaged in the retail sale of gasoline for use in the fuel supply tanks of motor vehicles which is required to obtain an annual liquid fuels permit from the Department of Revenue in accordance with the act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act. The department shall enter into a memorandum of understanding with the Department of Revenue which shall specify procedures for the collection of data relating to establishments engaged in the retail sale of gasoline. Nothing in this section shall be construed to authorize the department to impose a fee for the registration of any weighing and measuring device.
References in Text.
The act of May 21, 1931 (P.L.149, No.105), known as The Liquid Fuels Tax Act, referred to in this section, was repealed by the act of April 17, 1997 (P.L.6, No.3). The subject matter is now contained in Chapter 90 of Title 75 (Vehicles).
The act of May 23, 1945 (P.L.926, No.369), referred to as the Public Eating and Drinking Place Law, referred to in this section, was repealed by the act of November 23, 2010 (P.L.1039, No.106). The subject matter is now contained in Subchapter A of Chapter 57 of this title.
The act of July 7, 1994 (P.L.421, No.70), known as the Food Act, referred to in this section, was repealed by the act of November 23, 2010 (P.L.1039, No.106). The subject matter is now contained in Subchapter B of Chapter 57 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4115 - Training program

§ 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 and county and city sealers. The department shall adopt the training program prescribed by the National Institute of Standards and Technology for inspectors and sealers of weights and measures.
(b) Certified parking meter inspectors.--
The department shall promulgate regulations that establish training and certification requirements and procedures for certified parking meter inspectors. Prior to the promulgation of regulations under this subsection, the department may issue a temporary order establishing training and certification requirements and procedures for certified parking meter inspectors. A temporary order shall not be effective until on or after it is published in the Pennsylvania Bulletin and shall remain in effect for no more than one year, unless reissued or supplanted sooner by regulations.
(Oct. 24, 2012, P.L.1332, No.169, eff. imd.)
Cross References.
Section 4115 is referred to in section 4121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4116 - Investigations

§ 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 investigations as it deems appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this subchapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
Cross References.
Section 4116 is referred to in sections 4112, 4120, 4121, 4122, 4187.6 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4117 - Inspection of packages

§ 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 or in the process of delivery to determine whether the same contain the amounts represented and whether they are kept, offered or exposed for sale or sold in accordance with law, and, when such packages or amounts of commodities are found not to contain the amounts represented or are found to be kept, offered or exposed for sale in violation of law, the department may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the department shall use the National Institute of Standards and Technology Handbook 133, latest edition, containing any amendments or supplements thereto, or which may be superseded by a new handbook, except insofar as specifically modified, amended or rejected by a regulation issued by the department. No person shall:
(1) sell or keep, offer or expose for sale in intrastate commerce any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements; or
(2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements in any manner except with the specific approval of the department.
Cross References.
Section 4117 is referred to in sections 4121, 4122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4118 - Stop-use, stop-removal and removal orders

§ 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 used and to issue stop-removal orders and removal orders with respect to packages or amounts of commodities kept, offered or exposed for sale, sold or in the process of delivery, whenever, in the course of the department's enforcement of the provisions of this subchapter, the department deems it necessary or expedient to issue such orders.
(b) Prohibitions.--
No person shall use, remove from the premises specified or fail to remove from the premises specified any weight, measure or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order or removal order issued under the authority of this section.
(c) Appeal.--
Whenever an aggrieved person shall appeal or seek to enjoin enforcement of any order issued by the department pursuant to this section, such proceeding shall be brought in the court of common pleas of the judicial district in which the weight, measure or commodity was located at the time of the issuance of the department's order.
Cross References.
Section 4118 is referred to in sections 4121, 4122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4119 - Disposition of correct and incorrect apparatus

§ 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 inspection and test to be correct as defined in section 4110 (relating to specific powers and duties of department; regulations) and shall reject and mark or tag "rejected" such weights and measures as it finds upon inspection or test to be incorrect as defined in section 4110. The sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by regulation of the department issued under the authority of section 4110.
(b) Seizure and disposition.--
Weights and measures that have been rejected may be confiscated and may be destroyed by the department if not corrected as required by section 4126 (relating to duty of owners of incorrect apparatus) or if used or disposed of contrary to the requirements of section 4126.
Cross References.
Section 4119 is referred to in sections 4110, 4121, 4122, 4142 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4120 - Police powers; right of entry and stoppage

§ 4120. Police powers; right of entry and stoppage.
(a) Seizure without warrant.--
With respect to the enforcement of this chapter and any other acts dealing with weights and measures, the department may seize for use as evidence without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found, prior to seizure, to be used, retained, offered or exposed for sale or sold in violation of law.
(b) Compliance.--
In exercising its powers under section 4112 (relating to general testing and inspections) or 4116 (relating to investigations), the department is authorized to enter and go into or upon, without formal warrant, any structure, vehicle or premises and to stop any person whosoever and to require him to proceed with or without any vehicle of which he may be in charge to the nearest available testing apparatus tested and approved by the department, a city or a county.
(c) Method.--
The department shall utilize the method of sale of commodities as stated in the National Institute of Standards and Technology Handbook 130, except insofar as specifically modified, amended or rejected by a regulation issued by the department.
Cross References.
Section 4120 is referred to in sections 4121, 4122, 4187.6 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4121 - Powers and duties of director and inspector

§ 4121. Powers and duties of director and inspector.
(a) Powers and duties.--
The powers and duties given to and imposed upon the department by sections 4111 (relating to testing and inspections of standards), 4112 (relating to general testing and inspections), 4115 (relating to training program), 4116 (relating to investigations), 4117 (relating to inspection of packages), 4118 (relating to stop-use, stop-removal and removal orders), 4119 (relating to disposition of correct and incorrect apparatus), 4120 (relating to police powers; right of entry and stoppage), 4124 (relating to concurrent jurisdiction) and 4192 (relating to temporary or permanent injunctions) are hereby given to and imposed upon the director and inspector also when acting under the instructions and at the direction of the department.
(b) Delegation of powers and duties.--
The department may delegate to city and county sealers appointed pursuant to the provisions of section 4122 (relating to city and county sealers and deputy sealers of weights and measures; appointment, powers and duties) the powers and duties, or any portion thereof, given to and imposed upon it by sections 4112, 4116, 4117, 4118, 4119, 4120 and 4192, provided that the division of inspection responsibilities and other conditions of such delegation are fully delineated as part of the memorandum of understanding required pursuant to section 4125 (relating to division of responsibilities).
Cross References.
Section 4121 is referred to in sections 4122, 4123, 4124, 4125 of this title.