PRINTER'S NO. 103
No. 105 Session of 2003
INTRODUCED BY LOGAN, ORIE, LAVALLE, KITCHEN AND COSTA, FEBRUARY 3, 2003
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, FEBRUARY 3, 2003
AN ACT 1 Amending Title 3 (Agriculture) of the Pennsylvania Consolidated 2 Statutes, further providing for general powers and duties 3 relating to weights and measures, for investigations, for 4 orders, for specific powers and duties, for local 5 administration, for concurrent jurisdiction, for division of 6 responsibilities, for enforcement and regulations, for 7 offenses and penalties, for injunctions and for disposition 8 of funds. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Sections 4109, 4116, 4118(a) and (c), 4121(a), 12 4122(b), 4124, 4125, 4150(a), 4176, 4179, 4183, 4191(b), 4192 13 and 4193(a) and (b) of Title 3 of the Pennsylvania Consolidated 14 Statutes are amended to read: 15 § 4109. General powers and duties [of department]. 16 (a) Standards and records.--The State Metrology Laboratory 17 shall have the custody of the State standards of weight and 18 measure and of the other standards and equipment provided for by 19 this chapter and shall keep accurate records of the same. 20 (b) Attorney General.--The [department] Attorney General
1 shall enforce the provisions of this subchapter [and]. 2 (c) Department.--The department shall keep a general 3 supervision over the weights and measures offered for sale, sold 4 or in use in this Commonwealth. 5 § 4116. Investigations. 6 The department shall investigate complaints made to it 7 concerning violations of the provisions of this subchapter and 8 shall, upon its own initiative, conduct such investigations as 9 it deems appropriate and advisable to develop information on 10 prevailing procedures in commercial quantity determination and 11 on possible violations of the provisions of this subchapter and 12 to promote the general objective of accuracy in the 13 determination and representation of quantity in commercial 14 transactions. The department shall notify the Attorney General 15 of the results of complaint investigations. 16 § 4118. Stop-use, stop-removal and removal orders. 17 (a) Orders.--The [department] Attorney General shall have 18 the power to issue stop-use orders, stop-removal orders and 19 removal orders with respect to weights and measures being 20 commercially used and to issue stop-removal orders and removal 21 orders with respect to packages or amounts of commodities kept, 22 offered or exposed for sale, sold or in the process of delivery, 23 whenever, in the course of the [department's] Attorney General's 24 enforcement of the provisions of this subchapter, the 25 [department] Attorney General deems it necessary or expedient to 26 issue such orders. 27 * * * 28 (c) Appeal.--Whenever an aggrieved person shall appeal or 29 seek to enjoin enforcement of any order issued by the 30 [department] Attorney General pursuant to this section, such 20030S0105B0103 - 2 -
1 proceeding shall be brought in the court of common pleas of the 2 judicial district in which the weight, measure or commodity was 3 located at the time of the issuance of the [department's] order. 4 § 4121. Powers and duties of director and inspector. 5 (a) Powers and duties.--The powers and duties given to and 6 imposed upon the department by sections 4111 (relating to 7 testing and inspections of standards), 4112 (relating to general 8 testing and inspections), 4115 (relating to training program), 9 4116 (relating to investigations), 4117 (relating to inspection 10 of packages), [4118 (relating to stop-use, stop-removal and 11 removal orders),] 4119 (relating to disposition of correct and 12 incorrect apparatus)[,] and 4120 (relating to police powers; 13 right of entry and stoppage)[, 4124 (relating to concurrent 14 jurisdiction) and 4192 (relating to temporary or permanent 15 injunctions)] are hereby given to and imposed upon the director 16 and inspector also when acting under the instructions and at the 17 direction of the department. 18 * * * 19 § 4122. City and county sealers and deputy sealers of weights 20 and measures; appointment, powers and duties. 21 * * * 22 (b) Powers and duties.--The sealer of a city or of a county 23 and his deputy sealers, when acting under his instructions and 24 at his direction, shall, but only to the extent delegated by the 25 department pursuant to section [4121] 4121(b) (relating to 26 powers and duties of director and inspector) and memorialized in 27 a memorandum of understanding executed pursuant to section 4125 28 (relating to division of responsibilities), have the same powers 29 and shall perform the same duties within the city or the county 30 for which appointed as are granted to and imposed upon the 20030S0105B0103 - 3 -
1 director by sections 4112 (relating to general testing and 2 inspections), 4116 (relating to investigations), 4117 (relating 3 to inspection of packages), 4118 (relating to stop-use, stop- 4 removal and removal orders), 4119 (relating to disposition of 5 correct and incorrect apparatus), 4120 (relating to police 6 powers; right of entry and stoppage) and 4192 (relating to 7 temporary or permanent injunctions). 8 § 4124. Concurrent jurisdiction. 9 In cities and counties to which a delegation of powers and 10 duties has been effected pursuant to section 4121 (relating to 11 powers and duties of director and inspector), the [department] 12 Attorney General shall have concurrent authority to enforce the 13 provisions of this chapter. 14 § 4125. Division of responsibilities. 15 (a) Agreements; local inspection.--The Attorney General and 16 the department shall enter into memorandums of understanding 17 with counties and with cities to which a delegation of powers 18 and duties has been effected pursuant to section 4121 (relating 19 to powers and duties of director and inspector) for a division 20 of inspection responsibilities for the enforcement of this 21 chapter and any rules, regulations and standards promulgated 22 under this chapter, provided that such counties or cities 23 satisfy the standards and requirements established by the 24 [department] Attorney General to assure uniform Statewide 25 enforcement of this chapter. Each memorandum of understanding 26 shall be reviewed and updated annually and may be revoked in 27 whole or in part by the Attorney General and the department in 28 the event the Attorney General or the department determines that 29 the city or county sealer enforcement program does not satisfy 30 the standards and requirements established by the Attorney 20030S0105B0103 - 4 -
1 General and the department as necessary to assure uniform 2 Statewide enforcement of this chapter. In reaching agreements to 3 enter into memorandums of understanding with counties and cities 4 employing sealers of weights and measures, the provisions of 5 this chapter and its regulations shall be considered as 6 establishing uniform requirements, regulations and standards for 7 weights and measures and weighing and measuring devices 8 throughout this Commonwealth. 9 (b) Reports.--Each city and county sealer shall annually and 10 at such other times as the Attorney General and the department 11 may require submit to the Attorney General and the department a 12 written report of the work performed by him, of the weights, 13 measures and weighing and measuring devices inspected or tested 14 by him and the results of such inspection or test, of all 15 prosecutions instituted by him for violations of the provisions 16 of this chapter and of all other matters and things pertaining 17 to his duties or which may be required by the department. 18 § 4150. Enforcement and regulations. 19 (a) General rule.--The [director] Attorney General is 20 authorized and directed to enforce the provisions of this 21 subchapter [and]. The director is authorized and directed to 22 adopt, with the approval of the department, such rules and 23 regulations as are deemed necessary to carry out the provisions 24 of this subchapter. 25 * * * 26 § 4176. Rules and regulations. 27 Rules and regulations for the carrying out [and enforcement] 28 of the provisions of this subchapter, not inconsistent with the 29 provisions thereof, shall be adopted by the department, which 30 rules and regulations shall include reasonable variations or 20030S0105B0103 - 5 -
1 tolerances which may be allowed on weights and measures and 2 weighing and measuring devices included within the provisions of 3 this subchapter, and also specifications for such weights and 4 measures and weighing and measuring devices for the guidance of 5 manufacturers in the design and construction of such weights and 6 measures and weighing and measuring devices. 7 § 4179. Enforcement. 8 It shall be the duty of the bureau and the sealers of weights 9 and measures of the several counties and cities who shall find 10 satisfactory evidence of any violation of the provisions of this 11 subchapter to [cause] request the Attorney General to institute 12 appropriate proceedings [to be commenced and prosecuted, without 13 delay,] for the enforcement of the penalties as provided for in 14 this chapter. 15 § 4183. Enforcement of chapter[, rules and regulations]. 16 [(a) Duties.--]It shall be the duty of the [department and 17 the sealers of weights and measures] Attorney General and the 18 district attorneys of the several counties and cities to enforce 19 the provisions of this subchapter. 20 [(b) Regulations.--The department shall have power to adopt 21 and promulgate such rules and regulations not inconsistent with 22 the provisions of this subchapter as may be deemed necessary to 23 carry into effect the intent and purpose of this subchapter.] 24 § 4191. Offenses and penalties. 25 * * * 26 (b) Civil penalties.--In addition to proceeding under any 27 other remedy available at law or in equity for a violation of a 28 provision of this chapter or a rule or regulation adopted or any 29 order issued under this chapter, the [department] Attorney 30 General may assess a civil penalty not to exceed $10,000 upon an 20030S0105B0103 - 6 -
1 individual or business for each offense. No civil penalty shall 2 be assessed unless the person charged has been given notice and 3 opportunity for a hearing in accordance with law. In determining 4 the amount of the civil penalty, the [department] Attorney 5 General shall consider the gravity of the violation. Whenever 6 the [department] Attorney General finds a violation which did 7 not cause harm to the public interest, the [department] Attorney 8 General may issue a warning in lieu of assessing a penalty. [In 9 case of inability to collect the civil penalty or failure of any 10 person to pay all or any portion of the penalty as the 11 department may determine, the department may refer the matter to 12 the Attorney General, who shall recover the amount by action in 13 the appropriate court.] 14 * * * 15 § 4192. Temporary or permanent injunctions. 16 In addition to any other remedies provided in this chapter, 17 the [department] Attorney General may apply to the Commonwealth 18 Court or to any other court having jurisdiction for a temporary 19 or permanent injunction restraining a person from violating any 20 provision of this chapter or any regulation adopted under this 21 chapter, regardless of whether there exists an adequate remedy 22 at law. 23 § 4193. Disposition of funds. 24 (a) Deposit in State Treasury.--When the proceeding is 25 instituted by the [department] Attorney General, moneys received 26 from fines and civil penalties shall be paid into the State 27 Treasury [and]. Half of the moneys shall be credited to the 28 general government appropriations of the [Department of 29 Agriculture] department for administering the provisions of this 30 chapter, and half of the moneys shall be credited to the General 20030S0105B0103 - 7 -
1 Fund. 2 (b) Local share.--Notwithstanding subsection (a), if the 3 proceeding is instituted by a city or county which has entered 4 into a memorandum of understanding with the Attorney General and 5 the department to enforce the provisions of this chapter, moneys 6 received from fines and civil penalties shall be paid to the 7 city or county. 8 * * * 9 Section 2. This act shall take effect in 60 days. A13L03SFL/20030S0105B0103 - 8 -