PRIOR PRINTER'S NO. 1761 PRINTER'S NO. 2035
No. 1377 Session of 1989
INTRODUCED BY STAPLETON, HELFRICK, O'PAKE, BELL, DAWIDA, LYNCH,
BELAN, STEWART, ANDREZESKI, AFFLERBACH, WENGER, STOUT,
REIBMAN, MELLOW, PORTERFIELD, REGOLI, SCANLON, MUSTO, LINCOLN
AND ROSS, DECEMBER 4, 1989
AS AMENDED ON THIRD CONSIDERATION, MARCH 20, 1990
AN ACT
1 Amending the act of May 11, 1949 (P.L.1116, No.330), entitled,
2 as amended "An act to regulate deliveries of light fuel oil
3 to domestic consumers; conferring powers and imposing duties
4 on the Department of Justice and the inspectors of weights
5 and measures of the several counties and cities; and
6 prescribing penalties," CONFERRING DUTIES ON THE DEPARTMENT <--
7 OF AGRICULTURE; specifying information to be included on
8 delivery tickets furnished to consumers; and further
9 providing for penalties.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of May 11, 1949 (P.L.1116, <--
13 No.330), entitled, as amended "An act to regulate deliveries of
14 light fuel oil to domestic consumers; conferring powers and
15 imposing duties on the Department of Justice and the inspectors
16 of weights and measures of the several counties and cities; and
17 prescribing penalties," amended September 29, 1959 (P.L.992,
18 No.406), is amended to read:
19 SECTION 1. THE TITLE AND THE DEFINITION OF "DEPARTMENT" IN <--
20 SECTION 1 OF THE ACT OF MAY 11, 1949 (P.L.1116, NO.330),
1 ENTITLED, AS AMENDED "AN ACT TO REGULATE DELIVERIES OF LIGHT
2 FUEL OIL TO DOMESTIC CONSUMERS; CONFERRING POWERS AND IMPOSING
3 DUTIES ON THE DEPARTMENT OF JUSTICE AND THE INSPECTORS OF
4 WEIGHTS AND MEASURES OF THE SEVERAL COUNTIES AND CITIES; AND
5 PRESCRIBING PENALTIES," AMENDED DECEMBER 18, 1968 (P.L.1240,
6 NO.391), ARE AMENDED TO READ:
7 AN ACT
8 TO REGULATE DELIVERIES OF LIGHT FUEL OIL TO DOMESTIC CONSUMERS;
9 CONFERRING POWERS AND IMPOSING DUTIES ON THE DEPARTMENT OF
10 [JUSTICE] AGRICULTURE AND THE INSPECTORS OF WEIGHTS AND
11 MEASURES OF THE SEVERAL COUNTIES AND CITIES; AND PRESCRIBING
12 PENALTIES.
13 SECTION 1. DEFINITIONS.--THE WORD "DEPARTMENT" AS USED IN
14 THIS ACT SHALL MEAN THE DEPARTMENT OF [JUSTICE] AGRICULTURE.
15 * * *
16 SECTION 2. SECTION 2 OF THE ACT, AMENDED SEPTEMBER 29, 1959
17 (P.L.992, NO.406), IS AMENDED TO READ:
18 Section 2. Meter Required.--(a) No person shall deliver
19 light fuel oils to any domestic consumer unless the vehicle by
20 which such light fuel oils are delivered is equipped with a
21 meter of a type capable of furnishing a printed delivery ticket
22 approved under provisions of the act, approved the fifth day of
23 May, one thousand nine hundred twenty-one (Pamphlet Laws 389),
24 as amended, entitled "An act to regulate and control the
25 manufacture, sale, offering for sale, giving away, and use of
26 weights and measures and of weighing and measuring devices in
27 the Commonwealth of Pennsylvania; providing for the approval and
28 disapproval of such weights, measures, and devices by the Bureau
29 of Standards; and prescribing penalties." Each meter-printed
30 delivery ticket shall bear a printed nonrepetitive serial
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1 number. All deliveries of light fuel oil to such consumers shall
2 be made by the use of such a meter and a meter printed delivery
3 ticket rendered the customer at the time of delivery or with the
4 invoice. The seller or deliverer shall maintain the receipts in <--
5 numerical order for two years. FOR TWO YEARS IN AN ORDERLY AND <--
6 RETRIEVABLE MANNER.
7 (b) The delivery tickets required under subsection (a) shall
8 be of a type approved by the Department of Agriculture and shall
9 include the following information:
10 (1) The vendor's name and address.
11 (2) The date of delivery.
12 (3) The purchaser's name and address.
13 (4) Product identification.
14 (5) The driver's signature or employe number.
15 (6) The delivering vehicle's PERMANENTLY assigned company <--
16 truck number. printed on the exterior surface of the vehicle. <--
17 (7) The price per gallon.
18 (8) The volume in terms of gallons, to the nearest one-tenth
19 of a gallon.
20 Section 2 3. Section 5 of the act, amended December 18, 1968 <--
21 (P.L.1240, No.391), is amended to read:
22 Section 5. Enforcement of Act, Rules and Regulations.--It
23 shall be the duty of the department and the inspectors of
24 weights and measures of the several counties and cities to
25 enforce the provisions of this act.
26 The [Attorney General] secretary SECRETARY OF AGRICULTURE <--
27 shall have power to adopt and promulgate such rules and
28 regulations not inconsistent with the provisions of this act as
29 may be deemed necessary to carry into effect the intent and
30 purpose of this act.
19890S1377B2035 - 3 -
1 Section 3 4. Section 6 of the act is amended to read: <--
2 Section 6. [Penalties.--Any person violating any of the
3 provisions of this act shall, upon summary conviction before a
4 magistrate, be sentenced, for the first offense, to pay a fine
5 of not less than twenty-five dollars ($25.00) nor more than
6 fifty dollars ($50.00) and costs of prosecution, and, in default
7 of payment thereof, shall undergo imprisonment for ten (10)
8 days; and for the second offense, be sentenced to pay a fine of
9 not less than fifty dollars ($50.00) nor more than one hundred
10 dollars ($100.00) and costs of prosecution, and, in default of
11 payment thereof, shall undergo imprisonment for twenty (20)
12 days; and for the third offense, shall be sentenced to pay a
13 fine of not less than one hundred dollars ($100.00) nor more
14 than two hundred dollars ($200.00) and costs of prosecution,
15 and, in default of the payment thereof, shall undergo
16 imprisonment for thirty (30) days.
17 Any person violating any of the provisions of this act for a
18 fourth or subsequent offense shall be guilty of a misdemeanor,
19 and, upon conviction thereof, shall be sentenced to pay a fine
20 of not less than one hundred dollars ($100.00) nor more than
21 three hundred dollars ($300.00), or suffer imprisonment for not
22 more than sixty (60) days, or both.] (a) Any person who by
23 himself or by his servant or agent violates any of the
24 provisions of this section is guilty of a summary offense when
25 the offense is a first, second or third offense. The sentencing
26 court shall order the person to pay a fine of (i) not less than
27 $100, (ii) not less than $200 if the person has previously been
28 convicted of an offense under this section, or (iii) not less
29 than $300 if the person has twice previously been convicted of
30 an offense under this section.
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1 (b) Any person who by himself or by his servant or agent
2 violates any of the provisions of this section is guilty of a
3 misdemeanor of the third degree when the offense is a fourth or
4 subsequent offense. The sentencing court shall order the person
5 to pay a minimum fine of $500.
6 Section 4 5. This act shall take effect as follows: <--
7 (1) Section 1 2 (section 2) shall take effect in 180 <--
8 days or upon acquisition of newly printed delivery tickets.
9 (2) The remainder of this act shall take effect in 90
10 days.
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