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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY TOMLINSON, GORDNER, RAFFERTY, BAKER AND KASUNIC, OCTOBER 8, 2010 |
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| REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, OCTOBER 8, 2010 |
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| AN ACT |
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1 | Amending Title 3 (Agriculture) of the Pennsylvania Consolidated |
2 | Statutes, further providing for definitions, for specific |
3 | powers and duties of department and regulations, for general |
4 | testing and inspections and for prohibited acts; abrogating |
5 | regulations; and making an inconsistent repeal. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "Certified Examiner of Weights |
9 | and Measures" in section 4102 of Title 3 of the Pennsylvania |
10 | Consolidated Statutes is amended to read: |
11 | § 4102. Definitions. |
12 | The following words and phrases when used in this chapter |
13 | shall have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | * * * |
16 | ["Certified Examiner of Weights and Measures." An individual |
17 | who has successfully completed the training course or courses |
18 | prescribed by the National Institute of Standards and Technology |
19 | and who complies with certification standards promulgated under |
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1 | section 4110(a)(4) (relating to specific powers and duties of |
2 | department; regulations).] |
3 | * * * |
4 | Section 2. Sections 4110(a)(4) and (d) and 4112(b) of Title |
5 | 3 are amended to read: |
6 | § 4110. Specific powers and duties of department; regulations. |
7 | (a) Regulations.--The department shall issue from time to |
8 | time regulations for the enforcement and administration of this |
9 | subchapter, which regulations, upon being promulgated pursuant |
10 | to law, shall have the force and effect of law. These |
11 | regulations may include: |
12 | * * * |
13 | [(4) Institution of a program containing standards |
14 | whereby individuals shall be department-certified as |
15 | Certified Examiners of Weights and Measures. Certification |
16 | under such program may be for a given category or categories |
17 | of measuring or weighing devices or for a particular type of |
18 | device. The department shall certify only such individuals |
19 | who successfully complete the appropriate training course or |
20 | courses prescribed by the National Institute of Standards and |
21 | Technology for the type of certification sought and who |
22 | comply with departmental certification standards promulgated |
23 | under this paragraph. Any program instituted under this |
24 | paragraph shall include testing and inspection performance |
25 | standards, reporting procedures, random inspection and |
26 | testing by State inspectors of weights and measures of a |
27 | sample of devices inspected and tested by Certified Examiners |
28 | of Weights and Measures and any other type of standards or |
29 | procedures the department deems necessary to implement the |
30 | program.] |
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1 | * * * |
2 | (d) Reports.--On or before March 1 of each year after the |
3 | effective date of this subsection, the department shall submit a |
4 | report to the Agriculture and Rural Affairs Committee of the |
5 | Senate and the Agriculture and Rural Affairs Committee of the |
6 | House of Representatives which shall describe all relevant |
7 | activities of State inspectors of weights and measures[, |
8 | Certified Examiners of Weights and Measures] and city and county |
9 | sealers of weights and measures for the preceding calendar year. |
10 | The report shall contain, at a minimum, the following: |
11 | (1) An identification of the regions of this |
12 | Commonwealth served by State inspectors and city and county |
13 | sealers of weights and measures and the number of such |
14 | inspectors and city and county sealers of weights and |
15 | measures in each region. |
16 | (2) The number of inspections made by each State |
17 | inspector[, Certified Examiners of Weights and Measures] and |
18 | city and county sealers of weights and measures. |
19 | (3) The number and nature of enforcement actions |
20 | initiated by each State inspector and city and county sealers |
21 | of weights and measures. |
22 | (4) The disposition of each enforcement action, |
23 | including the number and nature of warnings issued by each |
24 | State inspector and city and county sealers of weights and |
25 | measures. |
26 | § 4112. General testing and inspections. |
27 | * * * |
28 | (b) Annual inspections.--Notwithstanding subsection (a), it |
29 | shall be the duty of the department at least once within a 12- |
30 | month period, or more frequently if deemed necessary, to assure |
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1 | that all commercially used small capacity retail computing |
2 | scales, retail package shipping scales, vehicle scales, small |
3 | platform scales which weigh items to 1,000 pounds, truck-mounted |
4 | fuel oil meters, truck-mounted liquid petroleum gas meters, |
5 | compressed natural gas meters and retail motor fuel dispensers |
6 | are inspected and tested to ascertain if they are correct. [The |
7 | department may accept reports of Certified Examiners of Weights |
8 | and Measures as sufficient to meet the inspection and testing |
9 | requirements of this subsection, provided such inspection and |
10 | testing is performed in accordance with all applicable standards |
11 | and procedures adopted under section 4110(a)(4) (relating to |
12 | specific powers and duties of department; regulations), provided |
13 | that State inspectors of weights and measures shall conduct |
14 | inspection and testing of a sample of devices inspected and |
15 | tested by Certified Examiners of Weights and Measures.] |
16 | * * * |
17 | Section 3. Section 4142 of Title 3 is amended by adding a |
18 | subsection to read: |
19 | § 4142. Prohibited acts. |
20 | * * * |
21 | (c) Contracting.--Except for inspections conducted under 70 |
22 | Pa. Code Ch. 5 (relating to UPC scanning systems and PLU |
23 | devices), the Commonwealth shall not contract with a |
24 | nongovernmental entity to fulfill its obligations under this |
25 | chapter. |
26 | Section 4. The provisions of 70 Pa. Code Ch. 4 (relating to |
27 | certified examiners of weights and measures) are abrogated. |
28 | Section 5. All acts and parts of acts are repealed insofar |
29 | as they are inconsistent with this act. |
30 | Section 6. This act shall take effect in 60 days. |
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