reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 8 - TRAINING PROGRAM FOR INSPECTORS AND SEALERS › Section 8.2 - General adoption of NIST training program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The training
				program prescribed by NIST for inspectors and sealers of weights and measures
				is adopted as the minimum training requirement for State inspectors, county
				sealers and city sealers under the act and this title.
(b)
NIST training course
				102
. As of January 1, 2000, a State inspector, county sealer or city
				sealer shall successfully complete NIST training course 102, entitled
				"Introduction to Handbook 44," or a successor course thereto, to meet the
				minimum training requirements of the act and this chapter.
This section cited in 70 Pa. Code §
											8.3 (relating to training and
					 certification with respect to individual types of weighing and measuring
					 devices).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 8 - TRAINING PROGRAM FOR INSPECTORS AND SEALERS › Section 8.3 - Training and certification with respect to individual types of weighing and measuring devices

Current through Register Vol. 54, No. 28, July 13, 2024
An inspector or sealer shall successfully complete applicable
				  NIST training with respect to each type of weighing or measuring device he
				  seeks to test or inspect under authority of the act. In addition to the general
				  training described in §
									8.2 (relating to general adoption
				  of NIST training program), the following training or certification, or both, is
				  required of persons who inspect or test particular types of weighing or
				  measuring devices:
(1)
UPC
				scanning systems and PLU devices
. A State inspector, county sealer or
				city sealer shall be a certified UPC/PLU inspector, as described in Chapter 5
				(relating to UPC scanning systems and PLU devices), as a prerequisite to
				inspecting UPC scanning systems or PLU devices for purposes of the
				act.
(2)
Types of weights
				and measures referenced in § 4.4
. A State inspector, county
				sealer or city sealer shall successfully complete the applicable training
				course indicated on the current list of NIST training courses in §
									4.6 (relating to training courses)
				as a prerequisite to inspecting or testing any of the categories and types of
				weighing and measuring devices in §
									4.4 (relating to categories and
				types of weighing and measuring devices which a CEWM may inspect) for purposes
				of the act.
(3)
Other
				weights and measures with respect to which NIST training courses
				exist
. If there exists a NIST training course applicable to a specific
				category or type of weighing and measuring device not described in paragraph
				(1) or (2), a State inspector, county sealer or city sealer shall successfully
				complete that training course as a prerequisite to inspecting or testing that
				category or type of device for purposes of the act.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 8 - TRAINING PROGRAM FOR INSPECTORS AND SEALERS › Section 8.4 - Prior training

Current through Register Vol. 54, No. 28, July 13, 2024
A State inspector, county sealer or city sealer who has
				  successfully completed a NIST training course prior to May 8, 1999, and who has
				  continued to work as a State inspector, county sealer or city sealer since
				  completing the course, and who provides the Department a copy of the applicable
				  course completion certificate or other documentation evidencing completion of
				  the course, shall be deemed to have met the minimum training requirements of
				  this chapter with respect to any category or type of weighing and measuring
				  device addressed in that NIST training course. The Department will mail the
				  inspector or sealer written confirmation that the sealer or inspector is deemed
				  to have met these requirements within 10 days of receiving the referenced
				  certificate or documentation.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 8 - TRAINING PROGRAM FOR INSPECTORS AND SEALERS › Section 8.5 - Supplemental or refresher training

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may develop supplemental training courses or
				  refresher courses for State inspectors, county sealers or city sealers. The
				  Department may require the successful completion of a course by a State
				  inspector, county sealer or city sealer by providing the inspector or sealer
				  written notice of this requirement. The Department will afford an inspector or
				  sealer at least 6 months within which to complete the training course or
				  refresher course, and will schedule a sufficient number of course sessions to
				  allow all inspectors and sealers to attend.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is intended to establish terms, conditions and
					 procedures applicable to the licensure and performance of licensed public
					 weighmasters in accor dance with Subchapter C of the act (relating to public
					 weighmasters).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
Gross weight
-Total weight of vehicle and
					 load.
Net weight
-Gross weight less tare
					 weight.
Public weighing
-The weighing of a
					 commodity for a commercial purpose.
Tare weight
-The actual weight of only the
					 vehicle.
Weighmaster's certificate
-A document in
					 the format in §
										9.11 (relating to issuing a public
					 weighmaster's certificate), evidencing that the issuer is licensed by the
					 Department in accordance with section 4151 of the act (relating to licenses),
					 has weighed the material described in that document on an approved scale which
					 has been tested for accuracy, and has complied with relevant provisions of this
					 chapter.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.3 - License required

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not assume the title "licensed public
					 weighmaster" or any title of similar import, perform the duties or acts to be
					 performed by a licensed public weighmaster under the act or this chapter, hold
					 himself out as a licensed public weighmaster, issue a weighmaster's
					 certificate, ticket memorandum or statement or engage in the full-time or
					 part-time business of public weighing unless the person holds a valid license
					 as a licensed public weighmaster.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.4 - Qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
A person shall meet the following requirements to be
					 qualified to apply for a public weighmaster's license:
(1) The prospective applicant shall be at
				  least 18 years of age as of the date of application.
(2) The prospective applicant shall own or
				  have use of a type of weighing device approved by the Bureau in accordance with
				  Subchapter D of the act (relating to device type approval) and with Chapter 10
				  (relating to device type approval) and approved by a weights and measures
				  officer of the Commonwealth for use as of the date of application.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.5 - Application for a public weighmaster's license

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Obtaining an application
				  form
. The Department will provide a person an application form for a
				  public weighmaster's license upon request. Requests should be directed to the
				  Department at the address in §
										2.2 (relating to contacting the
				  Department).
(b)
Requirements of the form
. The application form for a public
				  weighmaster's license shall require the following information of the applicant:
(1) The name and address of the business for
				  which the licensed public weighmaster would be conducting weighing.
(2) The name, address and age of the
				  applicant.
(3) The location of the
				  scales where weighing would be conducted by the licensed public
				  weighmaster.
(4) Verification that
				  the scales referenced in paragraph (3) have been inspected and approved by a
				  State inspector, county sealer or city sealer in accordance with the act and
				  this part.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.6 - Term of license; subsequent licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Term
. A public weighmaster's license is valid for 2 years from
				  the date it is issued.
(b)
Subsequent licenses
. A licensed public weighmaster shall
				  follow the application process described in §
										9.5 (relating to application for
				  public weighmaster's license) to acquire a new license. To avoid a lapse in
				  licensure, a licensed public weighmaster is encouraged to apply for a new
				  license at least 60 days in advance of the expiration of the current
				  license.
(c)
Change of
				  status
. If there is a change to a name or address provided the
				  Department on the public weighmaster's license application, the licensed public
				  weighmaster shall notify the Department of this change within 48 hours of its
				  occurrence. Although this notification may be made by a telephone to meet this
				  48 hour deadline, the licensed public weighmaster shall subsequently mail or
				  deliver written notice of this change to the Department within 7 days of its
				  occurrence.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.7 - Format of a public weighmaster's license

Current through Register Vol. 54, No. 28, July 13, 2024
A public weighmaster's license issued by the Department
					 under this subchapter will contain the following:
(1) The name of the person to whom it is
				  issued.
(2) A unique license number
				  assigned to the public weighmaster.
(3) The name and address of the business for
				  which the licensed public weighmaster conducts public weighing.
(4) The location of the scales where the
				  licensed public weighmaster conducts public weighing.
(5) The date the license was
				  issued.
(6) The date the license
				  will expire.
(7) Other information
				  the Department deems reasonable for a public weighmaster's license.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.8 - Display of license required

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed public weighmaster shall conspicuously display
					 the license, or a photocopy of the license, at the place where the licensed
					 public weighmaster is engaged in weighing.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.9 - Commodities sold by weight

Current through Register Vol. 54, No. 28, July 13, 2024
A commodity to be sold by weight in this Commonwealth shall
					 be weighed by a licensed public weighmaster at the time of sale or delivery on
					 scales which meet the following requirements:
(1) The scales are suitable for weighing the
				  tare and gross weight of the vehicle or vehicle and trailer transporting the
				  commodity.
(2) The scales are
				  located within this Commonwealth.
(3) The scales are of a type approved by the
				  Department in accordance with Subchapter D of the act (relating to device type
				  approval) and Chapter 10 (relating to device type approval).
(4) The scales measure weights of greater
				  than 1,000 pounds.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.10 - Weighmaster's certificate

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certificates required
. A licensed public weighmaster shall, at
				  the licensed public weighmaster's own expense, have a supply of weighmaster's
				  certificates formatted in accordance with subsection (b). The Bureau will
				  provide a sample weighmaster's certificate upon request.
(b)
Contents.
A
				  weighmaster's certificate must contain the following information:
(1) The kind and size of the
				  commodity.
(2) The name and address
				  of the seller.
(3) The name and
				  address of the purchaser.
(4) The
				  license number of the vehicle and trailer, or other means of its permanent
				  identification.
(5) The signature
				  and license number of the licensed public weighmaster who weighed the commodity
				  and who issued the weighmaster's certificate.
(6) The date and hour when weighed.
(7) The gross weight in avoirdupois pounds of
				  the vehicle and the load, the tare weight and net weight of the commodity, and,
				  if the load is divided into lots, the net weight of each lot.
(8) A sequential serial number.
(9) Other relevant information the licensed
				  public weighmaster deems necessary.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › GENERAL › Section 9.12 - Retention and inspection of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
A licensed public weighmaster is responsible to retain a
					 copy of each weighmaster's certificate the public weighmaster issues for at
					 least 2 years. These records shall be subject to inspection or subpoena for use
					 as evidence by any State, county or city inspector of weights and
					 measures.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.21 - Weighmaster's certificate required

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Rule for lots exceeding 100 pounds
. A person may not sell,
				  transport over a public highway, deliver or cause to be delivered or start out
				  to deliver a solid fuel in a lot or lots in amounts exceeding 100 pounds unless
				  each lot is in a separate compartment of the vehicle or vehicle and trailer and
				  each lot is accompanied by a weighmaster's certificate.
(b)
Exceptions
. The rule in
				  subsection (a) does not apply to solid fuel when any of the following occur:
(1) The weighing takes place at the point of
				  delivery or sale.
(2) The producer
				  of the solid fuel furnishes proof, satisfactory to the Department or to an
				  inspector of weights and measures, that the solid fuel being transported comes
				  from the producer's own mine, is the producer's own property and is being
				  transported for purposes other than sale.
(3) The sale transaction entails 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.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.22 - Sales by employer-producer to employes

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Sales generally
. If it
				  is specified under a contract, an employer-producer of solid fuel may sell
				  solid fuel at cost, by cubic contents instead of weight, to its employes for
				  their own use and consumption. No solid fuel sold in this way may be
				  transported over a public highway unless the operator of the vehicle possesses
				  a certificate of origin.
(b)
Obtaining a certificate of origin
. The Department will provide
				  a sample copy of a certificate of origin upon request. A sample certificate may
				  be photocopied for use by a producer-employer.
(c)
Content of certificate of
				  origin
. A certificate of origin shall require the following:
(1) The name and address of the
				  producer-employer.
(2) A
				  description of the type and approximate cubic volume of the solid fuel being
				  transported.
(3) The destination of
				  the solid fuel.
(4) A statement
				  that the certificate of origin is issued in accordance with section 4168 of the
				  act (relating to sales by employer-producer to employees).
(5) The signature of the employer-producer or
				  its agent.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.23 - Certificate affecting weighing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization to haul without
				  weighmaster's certificate
.
(1) The
				  Department will issue an authorization allowing a person to haul solid fuel on
				  the public highways for a distance of up to 10 miles from the point of origin
				  of the solid fuel without a weighmaster's certificate if all of the following
				  occur:
(i) There are no scales at the point
				  of origin of the solid fuel, or the scales are inadequate, inaccurate or
				  otherwise incapable of providing the accurate readings necessary for the
				  production of a weighmaster's certificate.
(ii) The solid fuel has been loaded into a
				  vehicle by the producer of the solid fuel.
(iii) The sale of the solid fuel has not been
				  consumated and the delivery of the solid fuel to the consumer has not yet
				  begun.
(iv) There are adequate
				  scales to weigh the solid fuel within 10 miles of the point of origin of the
				  solid fuel.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.24 - Limitations of certificate for anthracite

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certificate of quality
				  required.
If solid fuel is transported to a licensed public
				  weighmaster under authority of a certificate of transport as described in
				  §
										9.23 (relating to certificate
				  affecting weighing requirements), and the solid fuel is anthracite (excluding
				  barley and smaller sizes), the weighmaster may not weigh the anthracite unless
				  the certificate of transport is accompanied by a certificate of quality. A
				  certificate of quality shall be made out in ink or indelible pencil. The format
				  of the certificate of quality must be as follows:
CERTIFICATE OF QUALITY
PENNSYLVANIA ANTHRACITE STANDARDS LAW
Name of Producer
ADDRESS OF PREPARATION PLANT OR BREAKER
Weighmaster's Certificate Serial No.
______________________________________
Quality Certificate Serial No.
______________________________________
Date
____________
Name and Address of Purchaser or Consignee:
______________________________________
Size of Anthracite
______________________________________
Model and Registration Number of Transporting
					 Vehicle
______________________________________
ATTESTED: "STANDARD ANTHRACITE" or "SUBSTANDARD
					 ANTHRACITE"
(State which kind)
______________________________________
(Name of Shipper)
By:
______________________________________
(Signature or facsimile signature)
(Authorized officer, partner or owner)
(b)
Requirements
. The
				  weighmaster may not deliver the weighmaster's certificate to the transporter
				  until the weighmaster has first inserted the serial number of the weighmaster's
				  certificate on copies of the certificate of quality and securely attached the
				  certificate of quality to the appropriately corresponding copies of the
				  weighmaster's certificate, including the scale copy.
The provisions of this § 9.24 amended under
						3
						Pa.C.S. §§
													4101-4194.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.25 - Responsibilities of weighmasters

Current through Register Vol. 54, No. 28, July 13, 2024
Weighmasters will be held responsible and their licenses
					 will be subject to revocation for negligence, failure to abide by the
					 requirements of this chapter or failure to reconcile their
					 records.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.26 - Certificate of special transportation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requirement
. If coal is
				  not offered for sale and it is necessary to transport the coal over the public
				  highway from the point of mining, stripping operation or culm bank to railroad
				  cars, coke ovens, breakers, washery or other form of preparation plants, the
				  operator of the vehicle transporting the coal shall possess a certificate of
				  special transportation, containing the following information, written in ink or
				  indelible pencil:
(1) The date and time on
				  which the certificate was issued.
(2) The license number of the truck (if a
				  truck is the transport vehicle).
(3) The name of the owner or lessor of the
				  mine, stripping operation or culm bank.
(4) The destination of the transport
				  vehicle.
(5) The purpose for which
				  the coal is being transported: that is, coking, preparation for sale or
				  preparation for transport in railroad cars.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.27 - Issuance of weighmaster certificates with respect to mine track scales and tipple scales

Current through Register Vol. 54, No. 28, July 13, 2024
Weighmaster certificates, as prescribed by the act, may be
					 issued by licensed weighmasters of mine track scales or tipple scales if there
					 is compliance with the following:
(1)
				  The operator of the vehicle shall present to the weighmaster a weighmaster's
				  certificate showing the tare weight prior to loading.
(2) The net weight of the solid fuel being
				  loaded in the vehicle shall be determined at the time of loading by determining
				  the gross weight of the loaded mine cars or buggies and deducting the tare
				  weight of the mine cars or buggies.
(3) The gross weight shall be determined by
				  adding the tare weight and the net weight.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.28 - Reweighing and issuance of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Conditions of
				  reweighing
. A licensed weighmaster may not reweigh or issue a
				  weighmaster's certificate for solid fuel unless the motor vehicle operator has
				  surrendered the original and duplicate weighmaster's certificates in his
				  possession pertaining to the solid fuel. These certificates shall be attached
				  by the weighmaster to the scale copy of the new weighmaster's certificate. The
				  new weighmaster's certificate shall be issued and maintained in a manner that
				  the new certificate and any prior certificates may be easily reconciled. A
				  duplicate copy may be returned to the operator of vehicle if the duplicate copy
				  of the weighmaster's certificate is obliterated with a rubber stamp using the
				  following legend:
This solid fuel has been reweighed and this certificate
					 should not be accepted. Any attempt to use this certificate to deliver solid
					 fuel should be reported to your local or State inspector of weights and
					 measures at once.
(b)
Certain anthracite
. In the case of anthracite, except barley
				  and the smaller sizes, before issuing the new certificates, the weighmaster
				  shall accurately and legibly imprint on the original and each copy the complete
				  certificate of quality required by the Anthracite Standards Law (73 P. S.
				  §§
											261-269), as it appears on the
				  surrendered certificates.
(c)
Consequence of failure to surrender weighmaster certificate
.
				  If the operator refuses or fails to surrender the weighmaster certificate, the
				  weighmaster shall refuse to weigh the vehicle.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 9 - WEIGHMASTERS › SOLID FUEL › Section 9.29 - Reciprocity with New York

Current through Register Vol. 54, No. 28, July 13, 2024
State inspectors, county sealers and city sealers shall
					 accept weight certificates issued by a weighmaster licensed by the State of New
					 York if the following occur:
(1) The
				  commodity weighed is solid fuel.
(2) The scales upon which the public weighing
				  was performed are located in New York, within 5 miles of the Pennsylvania/New
				  York border.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter is intended to establish the procedures by which
				  the Department will review and approve or disapprove each type of weighing and
				  measuring device intended for commercial use or in commercial use within this
				  Commonwealth, in accordance with Subchapter D of the act (relating to device
				  type approval) and this chapter.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.2 - Prohibition with respect to unapproved devices

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not manufacture, offer or expose for sale or
				  sell or give away for use in trade or commerce any weighing and measuring
				  device of a type not approved in accordance with Subchapter D of the act
				  (relating to device type approval) and this chapter.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.3 - General standard for approval by Department

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will approve a type of weighing and measuring
				  device if the type is so designed and constructed that it conforms to or gives
				  correct results in terms of values derived therefrom, is reasonably permanent
				  in its indication and adjustment and does not facilitate the perpetration of
				  fraud.
This section cited in 70 Pa. Code §
											10.5 (relating to meeting the
					 general standard for approval); 70 Pa. Code §
											10.6 (relating to application and
					 review); and 70 Pa. Code §
											10.9 (relating to specifications,
					 variations and tolerances with respect to device type
					 approval).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.4 - Basic procedure

Current through Register Vol. 54, No. 28, July 13, 2024
A person seeking approval of a type of weighing and measuring
				  device shall follow the application procedure in §
									10.6 (relating to application and
				  review).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.5 - Meeting the general standard for approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Certificate of conformance from
				NCWM
. The Department will approve a type of weighing and measuring
				device if a certificate of conformance has been issued by the National Type
				Evaluation Program administered by NCWM with respect to that particular type of
				weighing and measuring device.
(b)
Certificate of conformance from NIST
. The Department will
				approve a type of weighing and measuring device if a certificate of conformance
				has been issued by NIST with respect to that particular type of weighing and
				measuring device.
(c)
UPC
				scanning systems and PLU devices
. The Department will approve a type
				of UPC scanning system or PLU device if the person seeking approval can
				document to the Department's satisfaction that the type of weighing and
				measuring device meets the standard in §
									10.3 (relating to general standard
				for approval by the Department).
This chapter cited in 70 Pa. Code §
											10.6 (relating to application and
					 review); and 70 Pa. Code §
											10.9 (relating to specifications,
					 variations and tolerances with respect to device type
					 approval).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.6 - Application and review

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Obtaining an application
. A person seeking the Department's
				approval of a particular type of weighing and measuring device shall request an
				approved application form from the Department. The prospective applicant may
				contact the Department at the address in §
									2.2 (relating to contacting the
				Department).
(b)
Contents
				of application form
. The application form shall require the following
				information:
(1) The name and address of the
				applicant.
(2) A detailed
				description of the type of weighing and measuring device with respect to which
				approval is sought.
(3) A copy of
				any certificate of conformance issued by the National Type Evaluation Program
				administered by NCWM with respect to that type.
(4) A copy of any certificate of conformance
				issued by NIST with respect to that type.
(5) Other documentation necessary to a
				reasoned determination by the Department as to whether the type meets the
				general standard in §§
										10.3 and
				10.5 (relating to general standard
				for approval by the Department; and meeting the general standard for approval).
				If a certificate of conformance as described in paragraph (3) or (4) is not
				submitted, a sample of the type-or specifications with respect to the
				type-shall be submitted as part of the application.
(6) Either a precise description of the
				manner in which devices of the type with respect to which approval is sought
				are clearly 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 design of the device, or an explanation of
				the reason it is impracticable to mark the devices as required by this section
				and a request for a waiver of some or all of these marking requirements under
				section 4174 of the act (relating to marking of approved weights and
				measures).
(7) Other information
				the Department might reasonably require in considering approval.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.7 - Certificate of approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content of certificate
. A certificate of approval issued by
				the Department under this chapter will contain the following:
(1) The name and address of the person to
				whom it is issued.
(2) A
				description of the type of approved weighing and measuring device.
(3) A reference to the requirement that
				approved weighing and measuring devices be clearly marked for purposes of
				identification with the name, initials or trademark of the manufacturer and
				with the manufacturer's designation which positively identifies the pattern or
				design of the device. This provision does not apply when a waiver is obtained
				from the Department in accordance with section 4174 of the act (relating to
				marking of approved weights and measures).
(4) The date of issuance of the
				certificate.
(5) Other information
				deemed relevant by the Department for inclusion in the certificate.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.8 - Marking of approved devices

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. A weighing and measuring device that is of a type
				approved under Subchapter D of the act (relating to device type approval) and
				this chapter shall be conspicuously, clearly and permanently marked in
				accordance with the representations made on the approval application, unless
				the Department grants an exception in accordance with section 4174 of the act
				(relating to marking of approved weights and measures).
(b)
UPC scanning systems and PLU
				devices
. The Department is satisfied it is generally impracticable to
				mark a UPC scanning system or PLU device as required under section 4174 of the
				act. The Department will issue a certificate to that effect to any manufacturer
				applying for the same. A certificate issued under this subsection exempts the
				system or device described therein from having to be marked as otherwise
				required under section 4174 of the act.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.9 - Specifications, variations and tolerances with respect to device type approval

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The specifications, variations and tolerances
				recommended by NIST and published in the NIST Handbook 44, and supplements
				thereto, or in a publication revising or superseding Handbook 44, shall be the
				specifications, variations and tolerances of the Department with respect to the
				approval of types of weighing and measuring devices under this
				chapter.
(b)
Meeting the
				standards
.
(1) If either NIST or
				NCWM has issued a certificate of conformance with respect to a type of weighing
				and measuring device, that type shall be deemed to be in compliance with the
				specifications, variations and tolerances of the Department for device type
				approval.
(2) In determining
				whether to issue a certificate of approval with respect to a type of UPC
				scanning system or PLU device, the Department will apply the general standard
				for approval in §§
										10.3 and
				10.5 (relating to general standard
				for approval by the Department; and meeting the general standard for
				approval).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part I - Weighmasters › Chapter 10 - DEVICE TYPE APPROVAL › Section 10.10 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
The State Metrology Laboratory will charge a fee for
				  conducting tests that may be required for device type approval under this
				  chapter, and for metrology laboratory calibration, type evaluation and any
				  other testing services it performs under authority of the act. These fees are
				  set forth in §
									110.2 (relating to State Metrology
				  Laboratory fee schedule).
The provisions of this §
											10.10 amended under the
					 Consolidated Weights and Measures Act,
					 3
					 Pa.C.S. §§
												4101-4194.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 21 - GENERAL PROVISIONS › PRELIMINARY PROVISIONS › Section 21.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This part applies to packages and to commodities in package
					 form, but does not apply to the following:
(1) Inner wrappings not intended to be
				  individually sold to the customer.
(2) Auxiliary containers or outer wrappings
				  used to deliver packages of commodities to retail customers if the containers
				  or wrappings bear no printed matter pertaining to a particular
				  commodity.
(3) Containers used for
				  retail tray pack displays if the container itself is not intended to be sold as
				  if, for example, which is used to display individual envelopes of seasonings,
				  gravies and the like, and the tray itself is not intended to be sold.
(4) Commodities put up in variable weights
				  and sizes for sale intact and intended to be either weighed or measured at the
				  time of sale, if no package quantities are represented, and if the method of
				  sale is clearly indicated in close proximity to the quantity being
				  sold.
(5) Open carriers and
				  transparent wrappers or carriers for containers if the wrappers or carriers do
				  not bear a written, printed or graphic matter obscuring the label information
				  required by this part.
The provisions of this §
												21.2 amended under the Weights and
						Measures Act of 1965 (73 P.S. §§
													1651-1692) (Transferred from
						76
						P. S. §§
													100-1-100-42 in
						1978).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 21 - GENERAL PROVISIONS › PRELIMINARY PROVISIONS › Section 21.3 - Adoption of "Uniform Regulation for the Method of Sale of Commodities"

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. The Department adopts the "Uniform Regulation for the
				  Method of Sale of Commodities," as adopted by NIST in its Handbook 130, and
				  supplements thereto and revisions thereof, as the method of sale of commodities
				  in this Commonwealth.
(b)
Exception
. If any provision of the "Uniform Regulation for the
				  Method of Sale of Commodities" contradicts any provision of the act or this
				  title, the provision of the "Uniform Regulation for the Method of Sale of
				  Commodities" may not be applied, and the relevant provision of the act or this
				  title shall be applied.
The provisions of this §
												21.3 issued under the Consolidated
						Weights and Measures Act,
						3
						Pa.C.S. §§
													4104-4194.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 21 - GENERAL PROVISIONS › DECLARATION OF RESPONSIBILITY › Section 21.11 - Consumer and nonconsumer packages

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  A consumer or nonconsumer package kept, offered or exposed for sale, or sold,
				  at a place other than on the premises where packed shall specify conspicuously
				  on the label of the package the name and address of the manufacturer, packer or
				  distributor. The name shall be the actual corporate name, or, when not
				  incorporated, the name under which the business is conducted. The address shall
				  include street address, city, state and zip code; however, the street address
				  may be omitted if this is shown in a current city directory or telephone
				  directory. The requirement for inclusion of the zip code shall apply only to
				  labels that have been developed or revised after July 1, 1968.
(b) If a person manufactures, packs or
				  distributes a commodity at a place other than his principal place of business,
				  the label may state the principal place of business in lieu of the actual place
				  where the commodity was manufactured or packed or is to be distributed, unless
				  the statement would be misleading. If the commodity is not manufactured by the
				  person whose name appears on the label, the name shall be qualified by a phrase
				  that reveals the connection such person has with such commodity, such as
				  "Manufactured for and packed by _________",
"Distributed by _____ ", or other wording of similar
					 import that expresses the facts.
This section cited in 70 Pa. Code §
												27.26 (relating to motor
						oils).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF IDENTITY › Section 23.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Identification.
A declaration of identity on a consumer
					 package shall appear on the principal display panel, and shall positively
					 identify the commodity in the package by its common or usual name, description,
					 generic term, or the like.
(b)
Placement.
A declaration of identity on a consumer package
					 shall appear generally parallel to the base on which the package rests as it is
					 designed to be displayed.
This section cited in 70 Pa. Code §
													27.13 (relating to butter); and 70
						  Pa. Code §
													27.26 (relating to motor
						  oils).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.11 - Largest whole unit

Current through Register Vol. 54, No. 28, July 13, 2024
When this chapter provides that a declaration of quantity
						shall be in the largest whole unit, the declaration shall, with respect to a
						particular package, be in the largest whole unit of weight or measure, with the
						remainder expressed by one of the following:
(1) Common or decimal fractions of the
					 largest whole unit.
(2) The next
					 smaller whole unit with the remainder in common or decimal fractions of the
					 smallest unit present in the quantity declaration.
The provisions of this §
													23.11 amended under the Weights
						  and Measures Act of 1965 (73 P. S. §§
														1651-1692) (Transferred from
						  76
						  P. S. §§
														100-1-100-42 in
						  1978).
This section cited in 70 Pa. Code §
													25.11 (relating to
						  location).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.12 - Net quantity

Current through Register Vol. 54, No. 28, July 13, 2024
A declaration of net quantity of the commodity in the
						package, exclusive of wrappers and other material packed with the commodity,
						shall appear on the principal display panel of the consumer package and, unless
						otherwise specified in §
											23.13(e)-(h)
						(relating to weight, liquid measure or count terminology), shall be in the
						largest whole unit.
(1) The term "net
					 weight" shall be used in conjunction with the declaration of quantity in terms
					 of weight; the term may either precede or follow the declaration of
					 weight.
(2) A declaration of
					 quantity may appear on one or more lines of print or type.
The provisions of this §
													23.12 amended under the Weights
						  and Measures Act of 1965 (73 P. S. §§
														1651-1692) (Transferred from
						  76
						  P. S. §§
														100-1-100-42 in
						  1978).
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.13 - Weight, liquid measure or count terminology

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General and combination
					 terms.
The declaration of the quantity of a particular commodity shall
					 be expressed in terms of liquid measure if the commodity is liquid, or in terms
					 of weight if the commodity is solid, semisolid, viscous or a mixture of solid
					 and liquid, or in terms of numerical count. However, if a firmly established
					 general consumer usage and trade custom exists with respect to the terms used
					 in expressing a declaration of quantity of a particular commodity, the
					 declaration of quantity may be expressed in its traditional terms, if the
					 traditional declaration gives accurate and adequate information as to the
					 quantity of the commodity. However, combination declarations may be as follows:
(1)
Weight or measure.
A
					 declaration of quantity in terms of weight or measure shall be accompanied by a
					 declaration of the count or size of the individual units of the commodity,
					 unless a declaration of weight or measure alone is fully informative to the
					 consumer. The declaration shall appear on the principal display
					 panel.
(2)
Count.
A declaration of quantity in terms of count shall be accompanied by a
					 declaration of the weight, measure or size of the individual units of the
					 commodity, or of the total weight or measure of the commodity, unless a
					 declaration of count alone is fully informative to the consumer. The
					 declaration shall appear on the principal display panel.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.14 - Fractions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A statement of
					 net quantity of contents of a consumer commodity may contain common or decimal
					 fractions. The denominator of a common fraction shall be limited to 2, 4, 8, 16
					 or 32 except as provided in the following cases:
(1) If there exists a firmly established
					 general consumer usage and trade custom of employing different common fractions
					 in the net quantity declaration of a particular commodity, they may be
					 employed.
(2) If linear
					 measurements are required in terms of yards or feet, common fractions may be in
					 terms of thirds.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.15 - Supplementary declarations

Current through Register Vol. 54, No. 28, July 13, 2024
The required quantity declaration may be supplemented by
						one or more declarations of weight, measure or count, if the declaration
						appears other than on a principal display panel. The supplemental statement of
						quantity of the contents may not include terms qualifying a unit of weight,
						measure or count that tends to exaggerate the amount of commodity contained in
						the package as, for example, in "giant" quart, "full" gallon, "when packed,"
						"minimum" or words of similar import.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.15a - Metric system declarations

Current through Register Vol. 54, No. 28, July 13, 2024
A separate statement of the net quantity of contents in
						terms of the metric system is not regarded as a supplemental statement, and a
						statement of quantity in terms of the metric system of weight or measure may
						also appear on the principal display panel or other panels.
Pennsylvania Code › Title 70 - WEIGHTS, MEASURES AND STANDARDS › Part II - Packaging and Labeling › Chapter 23 - CONSUMER PACKAGES, COMMODITIES AND CONTAINERS › Subchapter A - DECLARATIONS OF QUANTITY AND IDENTITY IN GENERAL › DECLARATION OF QUANTITY › Section 23.16 - Qualification of declaration prohibited

Current through Register Vol. 54, No. 28, July 13, 2024
In no case may a declaration of quantity be qualified by
						the addition of the words "when packed," "minimum" or "not less than," or any
						words of similar import, nor may a unit of weight, measure or count be
						qualified by a term such as "jumbo," "giant," "full," or the like, which tends
						to exaggerate the amount of commodity.