Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 2 - GENERAL PROVISIONS › Section 2.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following word and terms, when used in this title, have
				  the following meanings, unless the context clearly indicates otherwise:
ASTM
-The American Society of Testing and
				  Measurement.
Act
-The Consolidated Weights and Measures
				  Act,
				  3
				  Pa.C.S. §§
										4101-4194.
Bureau
-The Bureau of Ride and Measurement
				  Standards in the Department.
CEWM
-
Certified Examiner of Weights
				  and Measures
-An individual who has successfully completed the training
				  courses prescribed by NIST and approved by the Department in accordance with
				  §
									4.6 (relating to training
				  courses), and who holds a current certificate issued by the Department in
				  accordance with the certification standards in this chapter.
CEWM certificate
-A document issued by the
				  Department to a particular person to evidence that the named individual is a
				  CEWM.
Certified UPC/PLU inspector
-An individual
				  who is certified by the Department as meeting the training and application
				  requirements of Chapter 5 (relating to UPC scanning systems and PLU devices)
				  and who is lawfully qualified to inspect UPC scanning systems and PLU devices
				  for purposes of the testing and inspections required under section 4112(c) of
				  the act (relating to general testing and inspections).
Commodity
-Anything such as goods, wares,
				  merchandise, compound mixture or preparation, products of manufacture or
				  tangible personal property which may be lawfully kept, sold or offered for sale
				  or a product being transported by vehicle and sold or priced by weight, or a
				  service priced by weight.
Commodity in package form
-
(i) A commodity put up or packaged in any
				manner in advance of sale in units suitable for either wholesale or retail sale
				exclusive of auxiliary shipping container enclosing packages that individually
				conform to the requirements of the act.
(ii) An individual item or lot of any
				commodity not in package form but on which there is a marked selling price
				based on an established price per unit of weight or measure will be construed
				to be a commodity in package form.
Consumer package
or
package of
				  consumer commodity
-A commodity in package form that is customarily
				  produced or distributed for sale through retail sales agencies or
				  instrumentalities for consumption by individuals, or use by individuals for the
				  purposes of personal care or in the performance of services ordinarily rendered
				  in or about the household or in connection with personal possessions and which
				  usually is consumed or expended in the course of consumption or use.
Commercial feed facility
-Each separate mill
				  or plant, whether fixed or mobile, or distributor of commercial feed or
				  customer-formula feed, as those terms are defined in
				  3
				  Pa.C.S. §§
										5101-5115 (relating to
				  the Commercial Feed Act).
Commercially used weighing and measuring
				  devices
-
(i) Weights and
				measures used in determining the weight, measurement or count of commodities or
				things sold, offered for sale or exposed for sale on the basis of weight,
				measure or count, or in computing the basic charge or payment for services
				rendered on the basis of weight, measure, count or time.
(ii) The term also includes UPC scanning
				systems and PLU devices used to determine the amount due with respect to
				commodities or things sold, offered for sale or exposed for sale.
Cord
-The amount of wood that is contained in
				  a space of 128 cubic feet when the wood is racked and well stowed when used in
				  connection with wood intended for fuel purposes.
Department
-The Department of Agriculture of
				  the Commonwealth.
Director
-The Director of the Bureau.
Domestic consumers
-Consumers in residences,
				  apartment houses, stores, churches, office buildings and similar edifices, as
				  distinguished from industrial plants.
Field standards
-A standard that is
				  calibrated against a reference standard, and is routinely used to calibrate or
				  check material measures, measuring instruments or reference materials.
Food Act
-31 P. S. §§
				  20.1-20.18.
Food establishment
-
(i) A retail food store and a room, building
				or place or portion thereof or vehicle maintained, used or operated for the
				purpose of commercially storing, packaging, making, cooking, mixing,
				processing, bottling, baking, canning, freezing, packing or otherwise preparing
				or transporting or handling food.
(ii) The term includes those portions of
				public eating and drinking licensees which offer food for sale for off-premises
				consumption, except those portions of establishments operating exclusively
				under milk or milk products permits.
Inspector
or
State
				  inspector
-A State inspector of weights and measures.
Intrastate commerce
-Commerce or trade that
				  is begun, carried on or completed wholly within the limits of this
				  Commonwealth.
Introduced into intrastate commerce
-The time
				  and place at which the first sale or delivery, or both, of a commodity is made
				  within this Commonwealth, the delivery being made either directly to the
				  purchaser or to a common carrier for shipment to the purchaser.
Licensed public weighmaster
-A person holding
				  a valid weighmaster's license issued in accordance with section 4151 of the act
				  (relating to licenses) and Chapter 8 (relating to training program for
				  inspectors and sealers), and authorized to issue weighmaster's
				  certificates.
Light fuel oils
-Kerosene, number one fuel
				  oil, number two fuel oil, number three fuel oil and any similar oil used for
				  domestic heating as distinguished from heavy industrial oils.
Memorandum of understanding
-A written
				  agreement pursuant to which the Department delegates to a city or county all or
				  a portion of the enforcement duties and responsibilities assigned the
				  Department under section 4121(a) of the act (relating to powers and duties of
				  director and inspector) and this chapter, and that is otherwise in conformance
				  with section 4125 of the act (relating to division of responsibilities).
NCWM
-The National Conference on Weights and
				  Measures.
NIST
-The National Institute of Standards and
				  Technology.
Nonconsumer package
or
package of
				  nonconsumer commodity
-A commodity in package form other than a
				  consumer package, and particularly a package designed solely for industrial or
				  institutional use or for wholesale distribution only.
OIML
-The International Organization of Legal
				  Metrology.
Office standards
-A complete set of copies of
				  the State primary standards of weight and measure kept by the State Metrology
				  Laboratory.
PLU-Price look-up
-A pricing system where
				  numbers are assigned to items or commodities, and the price is stored in a
				  database for recall when the numbers are manually entered. PLU codes are used
				  with scales, cash registers and point-of-sale systems.
PLU device-Price look-up device
-A device
				  that can access a database price file. The term includes bar code beam or
				  contact scanners, Optical Character Recognition (OCR) scanners or readers,
				  magnetic scanners or readers, alpha or numeric, or both, keyboards, voice
				  response systems and computer-based retail price retrieval systems.
PLU system-Price look-up system
-A
				  computer-based retail price retrieval system.
Person
-A corporation, partnership, limited
				  liability company, business trust, other association, government entity (other
				  than the Commonwealth), estate, trust, foundation or natural person.
Private certification program
-A program
				  under which a Certified UPC/PLU Inspector inspects a commercially used UPC
				  scanning system or PLU device at least annually on an unannounced basis, and
				  which otherwise conforms with section 4112(c) of the act and Chapter 5.
Public eating and drinking place
-
(i) A place within this Commonwealth where
				food or drink is served to or provided for the public, with or without charge,
				or a place which otherwise conforms to the definition in section 1 of the
				Public Eating and Drinking Place Law (35 P. S. §
										655.1).
(ii) The term does not include dining cars
				operated by a railroad company in interstate commerce or a bed and breakfast
				homestead or inn.
Public Eating and Drinking Place Law
-The act
				  of May 23, 1945 (P. L. 926, No. 369) (35 P. S. §§
										655.1-655.13).
Public weighing
-The weighing of any
				  commodity for any commercial purpose.
Scanning system
-A general term for any of
				  the several types of PLU technologies capable of communicating with a database
				  price file or retail price retrieval system. The term includes hardware,
				  software and supporting computer systems.
Sealer
-A sealer or deputy sealer of weights
				  and measures of a city, county or joint city-county jurisdiction.
Secretary
-The Secretary of the
				  Department.
Sell or sale
-Barter and exchange.
Single service device
-A device that is
				  designed to be used commercially only once and then discarded.
Solid fuel
-Anthracite, semianthracite,
				  bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse
				  coke, petroleum coke, carbon, charcoal or any other natural, manufactured or
				  patented fuel not sold by liquid or metered measure.
State Metrology Laboratory
-The Pennsylvania
				  Standards Laboratory within the Department of General Services, having custody
				  of the State standards of weight and measure and of other standards and
				  equipment provided for by the act.
State standards
-Standards of weight and
				  measure which conform with the standards of the United States, which have been
				  certified as being satisfactory for use as the State standards by NIST, which
				  are maintained at the State Metrology Laboratory and which otherwise conform
				  with section 4106 of the act (relating to state standards of weight and
				  measure).
Type
-A class the individual objects of which
				  are similar to another in design construction, size and material.
UPC scanning system
-A scanning system
				  capable of reading UPC symbology and reflecting the information represented by
				  that symbology in the price a person pays for commodities or things sold,
				  offered for sale or exposed for sale.
UPC/PLU inspector's certificate
-A document
				  issued by the Department to a particular person to evidence that the named
				  individual has successfully completed the training necessary for the person to
				  be qualified to inspect UPC scanning systems and PLU devices for purposes of
				  section 4112(c) of the act.
UPC-Universal product code
-A general term
				  for any of several types of bar code symbology. The term may refer to various
				  versions of symbology developed by the Uniform Code Council, including UPC
				  versions A or E of the Uniform Code Council: Codes 2 of 5, 3 of 9, 128 or any
				  others available now or in the future.
Use in trade or commerce
-Buying or selling
				  goods, wares, merchandise or services.
Vehicle
-A device in, upon or by which any
				  property, produce, commodity or article is or may be transported or
				  drawn.
Weights and measures
-Weights and measures of
				  every kind, instruments and devices for weighing and measuring and any
				  appliances and accessories associated with any or all such instruments or
				  devices.
(i) The term includes the
				following: parking meters, postal scales and other scales used to determine
				shipping charges, pill counters, grain moisture meters, coin-operated person
				weighers, coin-operated air dispensers and coin-operated axle and vehicle
				scales.
(ii) The term also includes
				PLU devices and UPC scanning systems in food establishments required to be
				licensed in accordance with the Food Act.
(iii) The term does not include portable
				scales used to determine compliance with 75 Pa.C.S. Chapter 49 (relating to
				size, weight and load), meters for the measurement of electricity, gas, natural
				or manufactured, steam, coolant or water or the counting or timing of telephone
				calls when the same are operated in a public utility system or taxi meters.
				These portable scales, electricity, gas, steam, coolant, water and telephone
				meters and taxi meters are specifically excluded from the purview of the act
				and none of the provisions of the act apply to these meters or to any
				appliances or accessories associated therewith.
The provisions of this §
											2.1 amended under the Consolidated
					 Weights and Measures Act,
					 3
					 Pa.C.S. §§
												4101-4194.