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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4122 - City and county sealers and deputy sealers of weights and measures; appointment, powers and duties

§ 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 persons to serve as sealers of weights and measures in the respective county or city. In cities of the first class, the sealers shall be appointed by the county commissioners of the county in which the said city may be located. Nothing in this section shall be construed to prevent two or more counties, or any county and city, from combining the whole or any part of their jurisdictions, as may be agreed upon by the board of county commissioners and mayors of cities, with one set of standards and one sealer upon the written consent of the department. Any sealer appointed pursuant to an agreement for such combination shall, subject to the terms of his appointment, have the same authority and duties as if he had been appointed by each of the authorities who are parties to the agreement.
(b) Powers and duties.--
The sealer of a city or of a county and his deputy sealers, when acting under his instructions and at his direction, shall, but only to the extent delegated by the department pursuant to section 4121 (relating to powers and duties of director and inspector) and memorialized in a memorandum of understanding executed pursuant to section 4125 (relating to division of responsibilities), have the same powers and shall perform the same duties within the city or the county for which appointed as are granted to and imposed upon the director by sections 4112 (relating to general testing and inspections), 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) and 4192 (relating to temporary or permanent injunctions).
Cross References.
Section 4122 is referred to in section 4121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4123 - City and county standards and equipment

§ 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 duties has been effected pursuant to section 4121 (relating to powers and duties of director and inspector) shall:
(1) Procure at the expense of the city or county, as the case may be, such standards of weight and measure and such additional equipment to be used for the enforcement of the provisions of this subchapter in such city or county as may be prescribed by the department.
(2) Provide a suitable office for the sealer.
(3) Make provisions for the necessary clerical services, supplies and transportation and for defraying contingent expenses incident to the official activities of the sealer in carrying out the provisions of this subchapter.
(b) Official.--
When the standards of weight and measure required by this section to be provided by a city or county shall have been examined and approved by the department, they shall be the official standards for the city or county.
(c) Comparisons.--
It shall be the duty of the sealer to make or to arrange to have made, at least as frequently as once a year, comparisons between his field standards and appropriate standards of a higher order belonging to his city or county, as the case may be, or to the Commonwealth in order to maintain the field standards in accurate condition.
Cross References.
Section 4123 is referred to in section 4178 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4124 - Concurrent jurisdiction

§ 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 of director and inspector), the department shall have concurrent authority to enforce the provisions of this chapter.
Cross References.
Section 4124 is referred to in section 4121 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4125 - Division of responsibilities

§ 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 has been effected pursuant to section 4121 (relating to powers and duties of director and inspector) for a division of inspection responsibilities for the enforcement of this chapter and any rules, regulations and standards promulgated under this chapter, provided that such counties or cities satisfy the standards and requirements established by the department to assure uniform Statewide enforcement of this chapter. Each memorandum of understanding shall be reviewed and updated annually and may be revoked in whole or in part by the department in the event the department determines that the city or county sealer enforcement program does not satisfy the standards and requirements established by the department as necessary to assure uniform Statewide enforcement of this chapter. In reaching agreements to enter into memorandums of understanding with counties and cities employing sealers of weights and measures, the provisions of this chapter and its regulations shall be considered as establishing uniform requirements, regulations and standards for weights and measures and weighing and measuring devices throughout this Commonwealth.
(b) Reports.--
Each city and county sealer shall annually and at such other times as the department may require submit to the department a written report of the work performed by him, of the weights, measures and weighing and measuring devices inspected or tested by him and the results of such inspection or test, of all prosecutions instituted by him for violations of the provisions of this chapter and of all other matters and things pertaining to his duties or which may be required by the department.
Cross References.
Section 4125 is referred to in sections 4112, 4121, 4122 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4126 - Duty of owners of incorrect apparatus

§ 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 control of the rejecting authority until such time as suitable repair or disposition thereof has been made as required by this section.
(b) Corrections.--
The owners of rejected weights and measures shall cause the same to be made correct within 30 days or such longer period as may be authorized by the rejecting authority or, in lieu of this, may dispose of the same but only in such manner as is specifically authorized by the rejecting authority.
(c) Reexamination.--
Weights and measures that have been rejected shall not again be used commercially until they have been officially reexamined and found to be correct or until specific written permission for use is issued by the rejecting authority.
Cross References.
Section 4126 is referred to in section 4119 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4127 - Method of sale of commodities

§ 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 subchapter, commodities not in liquid form shall be sold only by weight, measure of length or area or by count. Liquid commodities may be sold by weight, and commodities not in liquid form may be sold by count only if such methods give accurate information as to the quantity of commodity sold.
(b) Applicability.--
The provisions of this section shall not apply to:
(1) commodities when sold for immediate consumption on the premises where sold;
(2) vegetables when sold by the head or bunch;
(3) commodities in containers standardized by Federal or State law;
(4) commodities in package form when there exists a general consumer usage to express the quantity in some other manner;
(5) concrete aggregates, concrete mixtures and loose solid materials such as earth, soil, gravel, crushed stone and the like when sold by cubic measure; or
(6) unprocessed vegetable and animal fertilizer when sold by cubic measure.
(c) Regulations.--
The department may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practice and are so determined and represented as to be accurate and informative to all parties at interest. In issuing these regulations, the department shall recognize the method of sale of commodities as stated in the National Institute of Standards and Technology Handbook 130, except as otherwise modified, amended or rejected by regulation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4129 - Declarations of unit price on random packages

§ 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, the package being one of a lot containing random weights, measures or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package a plain and conspicuous declaration of the price per single unit of weight, measure or count.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4130 - Misleading packages

§ 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 mislead the purchaser as to the quantity of the contents of the package.
(b) Contents.--
The contents of a container shall not fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4131 - Advertising packages for sale

§ 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 the advertisement, there shall be closely and conspicuously associated with such statement of price a declaration of the basic quantity of contents of the package as is required by law or regulation to appear on the package.
(b) Exaggerations prohibited.--
In connection with the declaration required under this section, there shall be declared neither the qualifying term "when packed" nor any other words of similar import nor any term qualifying a unit of weight, measure or count (for example, "jumbo," "giant," "full" and the like) that tends to exaggerate the amount of commodity in the package.
(c) Dual declaration.--
Where the law or regulation requires a dual declaration of net quantity to appear on the package, only the smaller of the two units of weight or measure need appear in the advertisement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4132 - Sale by net weight

§ 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 basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4133 - Misrepresentation of price

§ 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 not be misrepresented nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective purchaser.
(b) Unit of weight.--
Whenever an advertised, posted or labeled price per unit of weight, measure or count includes a fraction of a cent, all elements of the fraction shall be prominently displayed, and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general design and style as and at least one-half the height and width of the numerals representing the whole cents.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4134 - Meat, poultry and seafood

§ 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 consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts) and all seafood, except shellfish offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight. The following may be sold by weight, measure or count:
(1) Items sold for consumption on the premises.
(2) Items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold.
(3) Ready-to-eat chickens and chicken parts cooked on the premises but not packaged in advance of sale.
(4) Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4135 - Butter, oleomargarine and margarine

§ 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 or one pound. Butter may be sold in multiples of one pound. Tub butter packaged on the premises where sold and in advance of sale may be sold in random weights.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4136 - Fluid dairy products

§ 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 packaged for retail sale only in units of one gill, one-half liquid pint, ten fluid ounces, 12 fluid ounces, one liquid pint, one-third liquid quart, one liquid quart or multiples of one liquid quart, one-half gallon, one gallon or multiples of one gallon.
(b) Small packages.--
Packages in units of less than one gill shall be permitted.
(c) Metric.--
Metric equivalent packages of fluid dairy products shall only be units of 125 milliliters, 250 milliliters, 500 milliliters, 1 liter or multiples of 1 liter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4137 - Flour, cornmeal and hominy grits

§ 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 flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, cornmeal and hominy grits shall be packaged only in units of 3, 5, 10, 25, 50 or 100 pounds of avoirdupois weight.
(b) Small packages.--
Packages in units of less than three pounds or more than 100 pounds shall be permitted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4138 - Potatoes

§ 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 of any increment.
(b) Exceptions.--
The provisions of this section shall not apply to:
(1) potatoes offered to the consumer at retail from bulk stock;
(2) the sale of potatoes to processors or for export;
(3) the sale of peeled, cut or sliced potatoes, or frozen or dehydrated potatoes, or precooked dehydrated or dried potatoes;
(4) the sale of seed potatoes; or
(5) the sale of sweet potatoes or yams.
(Dec. 18, 2013, P.L.1241, No.124, eff. 60 days)
2013 Amendment.
Act 124 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4139 - Construction of contracts

§ 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 in sections 4102 (relating to definitions) and 4105 (relating to systems of weights and measures), and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4140 - Hindering or obstructing officer; penalties

§ 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 deputy sealer in the performance of his official duties shall, upon conviction, be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4141 - Impersonation of officer; penalties

§ 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 by the use of his seal or a counterfeit of his seal or in any other manner commits a misdemeanor and, upon conviction, shall be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4143 - Presumptive evidence

§ 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 any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on shall be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4150 - Enforcement and regulations

§ 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, such rules and regulations as are deemed necessary to carry out the provisions of this subchapter.
(b) Nonapplication.--
The provisions of this chapter shall not be applicable to the weighing of vehicles when conducting an investigation for compliance with the provisions of 75 Pa.C.S. Ch. 49 (relating to size, weight and load). The provisions of this chapter shall not apply to a qualified Commonwealth employee, as defined in 75 Pa.C.S. § 4102 (relating to definitions), engaged in the inspection, weighing or measuring of vehicles as required by 75 Pa.C.S. § 4704 (relating to inspection by police or Commonwealth personnel), 4981 (relating to weighing and measurement of vehicles) or 8302 (relating to powers and duties of department).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4151 - Licenses

§ 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 a license shall be made upon a form prescribed by the department. The application shall contain the following:
(1) The name and address of the business or businesses for which the public weighmaster will be conducting weighing.
(2) The name and address of the residence of the applicant.
(3) The scale locations where weighing will be conducted by the weighmaster.
(b) Referral.--
The department may refer any application for a license as a weighmaster to any city or county inspector of weights and measures for a report as to the accuracy of the statements made on the application, the suitability of the scale or scales to be used by the applicant and such other information as the department may require.
(c) Fee.--
The applicant shall pay to the department a license fee of $60, which shall be remitted to the State Treasurer through the Department of Revenue. The license shall be for a period of two years from the date of issue. A license may be renewed at the discretion of the department for successive periods of not more than two years upon payment to the department of a license fee of $60, which shall be remitted to the State Treasurer through the Department of Revenue.
(d) Display.--
Each license or a duplicate thereof shall be kept conspicuously displayed at the place where the weighmaster is engaged in weighing. In the event of the change of any name or address appearing on any application, the licensed weighmaster shall notify the department of the change within 48 hours.
(e) Suspension or revocation.--
After a hearing and upon due notice to the licensee, a license may be suspended or revoked by the department for dishonesty, incompetency, inaccuracy or failure to notify the department of any change of name or address stated in the application, and a license may be revoked by the department without hearing if the licensed weighmaster has been found guilty of any violation of the provisions of this subchapter or if the licensed weighmaster has ceased to be employed at the places of weighing for which the license has been issued.
(f) Records.--
The department shall keep a record of all applications received and of all licenses issued.
(g) Rules.--
The department may adopt rules for determining the qualifications of an applicant for a license as a licensed public weighmaster.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4152 - Weighmasters' certificates

§ 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 shall show all of the following:
(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 permanent identification.
(5) The signature and license number of the licensed 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, where the load is divided into lots, the net weight of each lot. All the information under the paragraph must be determined by the same weighmaster in accordance with the rules and regulations of the department.
(8) A sequential serial number.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4153 - Preparation of weighmaster's certificate

§ 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 determined, and the weighmaster shall make no entries on a weighmaster's certificate issued by another person. A weighmaster's certificate shall be so prepared as to show clearly what weight or weights were actually determined. If the certificate form provides for the entry of gross, tare and net weights in any case in which only the gross, the tare or the net weight is determined by the weighmaster, he shall strike through or otherwise cancel the printed entries for the weights not determined or computed. If gross and tare weights are shown on a weighmaster's certificate and both of these were not determined on the same scale and on the day for which the certificate is dated, the weighmaster shall identify on the certificate the scale used for determining each weight and the date of each determination.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4154 - Use of approved weighing device required

§ 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 in accordance with Subchapter D (relating to device type approval) which is of a type suitable for the weighing of the amount and kind of material to be weighed and which has been tested and approved for use by a weights and measures officer of this Commonwealth preceding the date of the weighing.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4155 - Scale requirement

§ 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 shall the public weighmaster engage in multiple-draft weighing where the vehicle exceeds the length of the scale.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4156 - Disposition of copies of certificates

§ 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 delivery. One copy of the certificate shall be retained at the place of weighing, and one copy may be retained by the business selling or delivering the commodity. Copies of weighmasters' certificates in possession of licensed weighmasters shall be retained for a period of two years and, during business hours, shall be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4157 - License required; definition

§ 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 performed by a licensed public weighmaster under this subchapter, hold himself or herself out as a licensed public weighmaster, issue any weighmaster's certificate, ticket memorandum or statement or engage in the full-time or part-time business of public weighing unless he holds a valid license as a licensed public weighmaster.
(b) Definition.--
As used in this section, the term "public weighing" means the weighing of any commodity for any commercial purpose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4158 - Suspension or revocation of licenses

§ 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, upon ten days' notice to the licensee, that the licensee has violated any provision of this subchapter or of any valid regulation of the department affecting licensed public weighmasters; or
(2) when a licensed public weighmaster has been convicted in any court of competent jurisdiction of violating any provision of this subchapter or any regulation issued under authority of this subchapter.
(b) Petition for hearing de novo.--
Any licensee whose license is suspended or revoked may, within 30 days after notice of the suspension or revocation, file a petition in the Commonwealth Court for a hearing de novo to determine whether the action of the department is lawful and reasonable. The court shall hear the petition and may make any appropriate order or decree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4159 - Prohibited acts

§ 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 a weighmaster to issue a false or incorrect weighmaster's certificate.
(3) For a person to use or issue a weighmaster's certificate except one prepared on a form issued or approved by the department.
(4) For a person to print or distribute any forms of weighmaster's certificates unless authorized to do so by the department.
(5) For a person to use a false or incorrect weighmaster's certificate or a weighmaster's certificate not bearing the signature and license number of a licensed weighmaster and the license number of the vehicle and trailer or other means of permanent identification.
(6) For a weighmaster knowingly to permit a weighmaster's certificate to be issued or used which purports to bear the weighmaster's signature and which was not in fact signed by the weighmaster at a time of weighing or which expresses a gross, tare or net weight not ascertained by the weighmaster.
(7) For a person to deliver solid fuel without an official weighmaster's certificate.
(8) For a person to furnish a false name or address of a purchaser to the licensed weighmaster at the time of weighing.
(9) For a person to permit any diminution of a load before its delivery to the purchaser or purchasers of the load.
(10) Except as otherwise provided in this subchapter, for a person to fail, neglect or refuse to deliver a correct and lawful weighmaster's certificate to the purchaser of a commodity whose name and address appears on the weighmaster's certificate.
(11) For a person to otherwise directly or indirectly violate a provision of this subchapter.
(b) Prima facie evidence of short weight.--
Whenever any commodity is sold and delivered to the purchaser named in the approved weighmaster's certificate and the seller or the seller's representative neglects, fails or refuses to deliver an approved weighmaster's certificate at the time of delivery or the net weight of the commodity is determined to be less than the net amount stated on the approved weighmaster's certificate or as otherwise represented to the purchaser, prima facie evidence of short weight shall exist, and the seller may be prosecuted under this section for short weight.
(c) Prima facie evidence of diminution of load.--
Whenever the gross weight of a vehicle and load and the tare weight and net weight of a commodity have been determined in accordance with the provisions of this subchapter and the net weight of the commodity is determined to be less than that stated in a weighmaster's certificate, proof of the determination shall constitute prima facie evidence of the diminution of the load of the commodity before delivery to the purchaser.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4160 - Sales by weight

§ 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 gross weight of the vehicle or vehicle and trailer transporting the commodity and which are located in this Commonwealth and have been tested and approved by an official empowered by law to test the scales. Weighing shall be done by a licensed weighmaster at the time of sale or delivery.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4161 - Separation required

§ 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 have a partition separating each type of solid fuel or other commodity, and each type shall be accompanied by a weighmaster's certificate, except as otherwise provided for in this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4162 - Substitution of another purchaser in weighmaster's certificate

§ 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 substitute the name and address of another purchaser, provided that a report of the substitution is made to the licensed weighmaster within 24 hours.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4163 - Authorization to inspect and direct to nearest scales

§ 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 commodity as to its weight and may direct the person in charge of the delivery of the commodity to convey the commodity to the nearest available scales operated by a weighmaster designated by the inspector. The inspector shall determine the gross weight of the commodity and the vehicle on which it is carried and shall direct the person in charge to return to the scales immediately upon unloading the commodity. Upon return of the vehicle, the inspector shall determine the weight of the vehicle without load and determine the net weight of the load delivered. The person in charge of a vehicle containing such a commodity or from which the commodity has been unloaded shall not fail to take the vehicle, upon the direction of the inspector of weights and measures, to the scales required in this section and shall not refuse to permit the commodity or vehicle to be weighed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4164 - Weighmaster's certificate required

§ 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 fuel in a lot or lots in amounts exceeding 100 pounds without each lot in each separate compartment of the vehicle or vehicle and trailer being accompanied by a weighmaster's certificate issued by a licensed weighmaster of this Commonwealth. This subsection does not apply when weighing takes place at the point of delivery or sale.
(b) Exception.--
This section shall not apply to a producer of solid fuel who furnishes proof, satisfactory to the department or to an inspector of weights and measures, that the solid fuel being transported comes from the producer's own mine, is the producer's own property and is being transported for a purpose other than for sale.
Cross References.
Section 4164 is referred to in sections 4165, 4166 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4165 - Small lots

§ 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 if the solid fuel is delivered in closed containers or closed bags and the net contents of the bag or container, expressed in avoirdupois pounds, the type of solid fuel and the name, address, city, state and zip code of the seller are plainly stamped or printed on the containers or bags or upon a tag securely attached to the containers or bags.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4166 - Exception for boatloads or railroad carloads

§ 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 from the boat or car to a purchaser and accepted as to weight by the purchaser on the bill of lading or other voucher issued by the carrier.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4167 - Rules and regulations

§ 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 rules and regulations shall remain in full force and effect until new or amended rules and regulations are adopted by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4168 - Sales by employer-producer to employees

§ 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 his employees for their own use and consumption, the solid fuel may be sold by cubic contents instead of weight, but no solid fuel so sold shall be transported over the highways of this Commonwealth from the place of production to the residence of the employee unless the operator of the vehicle possesses a certificate of origin. The certificates of origin shall contain such information as may be prescribed by the department and shall be signed by the producer or the producer's agent, and a copy of each certificate shall be kept at the place of production for at least two years.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4169 - Existing licenses

§ 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 Regulation Law, or the act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, immediately prior to the effective date of this subchapter shall, on the effective date of this subchapter, be deemed licensed by the department under this subchapter, and existing licenses shall continue to be valid until their respective expiration dates, unless sooner suspended or revoked.
References in Text.
The act of July 19, 1935 (P.L.1356, No.427), referred to as the Solid Fuel Weight Regulation Law, referred to in this section, was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 (Weights and Measures).
The act of April 28, 1961 (P.L.135, No.64), known as the Public Weighmaster's Act, referred to in this section, was repealed by the act of December 18, 1996 (P.L.1028, No.155). The subject matter is now contained in Chapter 41 (Weights and Measures).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4170 - Approval of types of weights and measures and weighing and measuring devices

§ 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 or sold or given away for the use in trade or commerce or used in trade or commerce in this Commonwealth, and to approve or disapprove of each type. The bureau shall approve each type of weight and measure and weighing and measuring device submitted to it for approval by any person if such type is so designed and constructed that it conforms to or gives correct results in terms of standard weights or measures or in terms of values derived therefrom, and is reasonably permanent in its indication and adjustment, and does not facilitate the perpetration of fraud; otherwise, the bureau shall disapprove the same. Certificates of conformance issued under the National Type Evaluation Program (NTEP), as administered by the National Conference of Weights and Measures, shall be recognized by the bureau. The director of the bureau may require any weight or measure or any weighing or measuring instrument or device to be issued a certificate of conformance, as issued by the National Institute of Standards and Technology, prior to use for commercial or law enforcement purposes. Weighing and measuring devices sold within this Commonwealth and designed to calculate a service for a charge shall only be subject to provisions of this subchapter upon issuance of a rule or regulation by the department, specifically designating which services and types of devices would be subject to type approval by the bureau. When issuing such rules or regulations, the department may grandfather by exemption devices already installed and used for calculating a service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4171 - Submission of types for approval

§ 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 or in such other manner as may be prescribed by the rules and regulations promulgated under the authority of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4172 - Certificates of approval; notice of disapproval; appeals

§ 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 person submitting such type. When a type is disapproved, the bureau shall notify the person submitting the same of its decision, setting out the reasons therefor, together with such information and references as may be useful in judging of the propriety of the disapproval, and shall give the person an opportunity to be heard in support of his application for approval. The bureau shall then reconsider its decision. If the new decision is adverse to the person and he is dissatisfied with the same, he may take an appeal from this decision to the department, which shall examine the matter and decide whether the type should be approved or disapproved. If the person is dissatisfied with the decision of the department, he may appeal in accordance with the law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4173 - Manufacture, sale or use of unapproved weights, measures and devices

§ 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 commerce or to use in trade or commerce any weight or measure or weighing and measuring device of a type not approved in accordance with the provisions of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4174 - Marking of approved weights and measures

§ 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 use in trade or commerce any weight or measure or weighing or measuring device unless it shall be conspicuously, clearly and permanently marked for purposes of identification with the name, initials or trademark of the manufacturer, and with the manufacturer's designation, which positively identifies the pattern or the design of the device and in such manner as may be prescribed by rules and regulations authorized by this subchapter, provided, however, that, whenever it shall appear to the satisfaction of the bureau that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section, the bureau shall furnish a certificate to that effect to any manufacturer applying for the same, and such weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4175 - Marking of weights and measures "not legal for trade."

§ 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 it is manufactured, offered or exposed for sale or sold for use in this Commonwealth, or is used therein, unless it shall bear a plain, legible, conspicuous and permanent statement to this effect: "Not legal for trade." It shall be unlawful to use in trade or commerce any weight or measure or weighing or measuring device which is marked as described above, provided, however, that, whenever it shall appear to the satisfaction of the bureau that any type of weight or measure or weighing or measuring device is such as to render it impracticable to mark it as required by this section or is of such design and construction that it is obviously not intended for use in trade or commerce, the bureau shall furnish a certificate to that effect to any manufacturer applying for the same, and such types of weights and measures and weighing and measuring devices need not be marked as required by the provisions of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 3 - AGRICULTURE › Chapter 41 - Weights and Measures › Section 4176 - Rules and regulations

§ 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 by the department, which rules and regulations shall include reasonable variations or tolerances which may be allowed on weights and measures and weighing and measuring devices included within the provisions of this subchapter, and also specifications for such weights and measures and weighing and measuring devices for the guidance of manufacturers in the design and construction of such weights and measures and weighing and measuring devices.