§ 4102. Definitions.

1,215 words·~6 min read·/pa/title-3/chapter-41/4102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Bureau." The Bureau of Ride and Measurement Standards in the Department of Agriculture.

"Certified Examiner of Weights and Measures." An individual who has successfully completed the training course or courses prescribed by the National Institute of Standards and Technology and who complies with certification standards promulgated under section 4110(a)(4) (relating to specific powers and duties of department; regulations).

"Certified parking meter inspector." An individual who is certified by the Department of Agriculture to inspect and certify the accuracy of parking meters.

"Commodity." Anything such as goods, wares, merchandise, compound mixture or preparation, products of manufacture or any tangible personal property which may be lawfully kept, sold or offered for sale or any product being transported by vehicle and sold or priced by weight or any service priced by weight.

"Commodity in package form." Commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive, however, of any auxiliary shipping container enclosing packages that individually conform to the requirements of this chapter. An individual item or lot of any commodity not in package form as defined in this section but on which there is a marked selling price based on an established price per unit of weight or measure shall be construed to be 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 the consumption or use.

"Cord." When used in connection with wood intended for fuel purposes, the amount of wood that is contained in a space of 128 cubic feet when the wood is racked and well stowed.

"Director." The Director of the Bureau of Ride and Measurement Standards in the Department of Agriculture.

"Domestic consumers." Those in residences, apartment houses, stores, churches, office buildings and similar edifices, as distinguished from industrial plants.

"Inspector." A State inspector of weights and measures.

"Intrastate commerce." Any and all commerce or trade that is begun, carried on and/or completed wholly within the limits of this Commonwealth.

"Introduced into intrastate commerce." The time and place at which the first sale and/or delivery 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.

"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.

"Local government unit." Any city, borough, township or town or any home rule municipality, optional charter municipality or similar general purpose unit of government which may be created or authorized by statute.

"Nonconsumer package" or "package of nonconsumer commodity." Any 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.

"Sealer." A sealer or deputy sealer of weights and measures of a city, county or joint city-county jurisdiction.

"Sell" or "sale." Barter and exchange.

"Solid fuel." Anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gas-house coke, petroleum coke, carbon, charcoal or any other natural, manufactured or patented fuel not sold by liquid or metered measure.

"Type." A class the individual objects of which are similar to another in design, construction, size and material.

"Use in trade or commerce." Buying or selling goods, wares, merchandise or services.

"Vehicle." Any device in, upon or by which any property, produce, commodity or article is or may be transported or drawn.

"Weights and measures." All 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 and devices. The term shall include, but not be limited to, the following: parking meters, postal scales and other scales used to determine shipping charges, pill counters, coin-operated person weighers, coin-operated air dispensers and coin-operated axle and vehicle scales. The term shall also include Price Look Up

(PLU)devices and Universal Product Code

(UPC)scanning systems in food establishments required to be licensed in accordance with the act of July 7, 1994 (P.L.421, No.70), known as the Food Act. The term shall not be construed to include portable scales used to determine compliance with 75 Pa.C.S. Ch. 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. Such portable scales, electricity, gas, steam, coolant, water and telephone meters and taxi meters are hereby specifically excluded from the purview of this chapter, and none of the provisions of this chapter shall be construed to apply to such meters or to any appliances or accessories associated therewith.

03c4102v

(Oct. 24, 2012, P.L.1332, No.169, eff. imd.)

2012 Amendment. Act 169 added the defs. of "certified parking meter inspector" and "local government unit."

References in Text. The act of July 7, 1994 (P.L.421, No.70), known as the Food Act, referred to in this section, was repealed by the act of November 23, 2010 (P.L.1039, No.106). The subject matter is now contained in Subchapter B of Chapter 57 of this title.

Cross References. Section 4102 is referred to in section 4139 of this title.

03c4105h

SUBCHAPTER B

WEIGHTS AND MEASURES GENERALLY

Sec.

4105. Systems of weights and measures.

4106. State standards of weight and measure.

4107. Office and working standards and equipment.

4108. Director and inspectors of weights and measures.

4109. General powers and duties of department.

4110. Specific powers and duties of department; regulations.

4111. Testing and inspections of standards.

4112. General testing and inspections.

4113. Registration of sellers, installers and repairers of weighing and measuring devices.

4114. Registration and report of inspection and testing of weighing and measuring devices used for commercial purposes.

4115. Training program.

4116. Investigations.

4117. Inspection of packages.

4118. Stop-use, stop-removal and removal orders.

4119. Disposition of correct and incorrect apparatus.

4120. Police powers; right of entry and stoppage.

4121. Powers and duties of director and inspector.

4122. City and county sealers and deputy sealers of weights and measures; appointment, powers and duties.

4123. City and county standards and equipment.

4124. Concurrent jurisdiction.

4125. Division of responsibilities.

4126. Duty of owners of incorrect apparatus.

4127. Method of sale of commodities.

4128. Packages; declarations of quantity and origin; variations; exemptions.

4129. Declarations of unit price on random packages.

4130. Misleading packages.

4131. Advertising packages for sale.

4132. Sale by net weight.

4133. Misrepresentation of price.

4134. Meat, poultry and seafood.

4135. Butter, oleomargarine and margarine.

4136. Fluid dairy products.

4137. Flour, cornmeal and hominy grits.

4138. Potatoes.

4139. Construction of contracts.

4140. Hindering or obstructing officer; penalties.

4141. Impersonation of officer; penalties.

4142. Prohibited acts.

4143. Presumptive evidence.

03c4105s