4110 - Specific powers and duties of department; regulations.

     § 4110.  Specific powers and duties of department; regulations.        (a)  Regulations.--The department shall issue from time to     time regulations for the enforcement and administration of this     subchapter, which regulations, upon being promulgated pursuant     to law, shall have the force and effect of law. These     regulations may include:            (1)  Standards of net weight, measure, count and        standards of fill for any commodity in package form.            (2)  Rules governing the technical and reporting        procedures to be followed and the report and record forms and        marks of approval and rejection to be used by inspectors of        weights and measures in the discharge of their official        duties.            (3)  Exemptions from the sealing or marking requirements        of section 4119 (relating to disposition of correct and        incorrect apparatus) with respect to weights and measures of        such character or size that such sealing or marking would be        inappropriate, impracticable or damaging to the apparatus in        question.            (4)  Institution of a program containing standards        whereby individuals shall be department-certified as        Certified Examiners of Weights and Measures. Certification        under such program may be for a given category or categories        of measuring or weighing devices or for a particular type of        device. The department shall certify only such individuals        who successfully complete the appropriate training course or        courses prescribed by the National Institute of Standards and        Technology for the type of certification sought and who        comply with departmental certification standards promulgated        under this paragraph. Any program instituted under this        paragraph shall include testing and inspection performance        standards, reporting procedures, random inspection and        testing by State inspectors of weights and measures of a        sample of devices inspected and tested by Certified Examiners        of Weights and Measures and any other type of standards or        procedures the department deems necessary to implement the        program.        (b)  Specifics.--These regulations shall include     specifications, tolerances and regulations for weights and     measures of the character of those specified in section 4112     (relating to general testing and inspections) designed to     eliminate from use, without prejudice to apparatus that conforms     as closely as practicable to the official standards, those:            (1)  that are not accurate;            (2)  that are of such construction that they are faulty,        that is, that are not reasonably permanent in their        adjustment or will not repeat their indications correctly; or            (3)  that facilitate the perpetration of fraud.     The specifications, tolerances and regulations for commercial     weighing and measuring devices, together with amendments thereto     as recommended by the National Institute of Standards and     Technology and published in National Institute of Standards and     Technology Handbook 44, and supplements thereto, or in any     publication revising or superseding Handbook 44, shall be the     specifications, tolerances and regulations for commercial     weighing and measuring devices of the Commonwealth except     insofar as specifically modified, amended or rejected by a     regulation issued by the department. For the purposes of this     subchapter, apparatus shall be deemed to be correct when it     conforms to all applicable requirements promulgated as specified     in this section; other apparatus shall be deemed to be     incorrect.        (c)  Method.--Regulations shall be promulgated in the manner     prescribed by law.        (d)  Reports.--On or before March 1 of each year after the     effective date of this subsection, the department shall submit a     report to the Agriculture and Rural Affairs Committee of the     Senate and the Agriculture and Rural Affairs Committee of the     House of Representatives which shall describe all relevant     activities of State inspectors of weights and measures,     Certified Examiners of Weights and Measures and city and county     sealers of weights and measures for the preceding calendar year.     The report shall contain, at a minimum, the following:            (1)  An identification of the regions of this        Commonwealth served by State inspectors and city and county        sealers of weights and measures and the number of such        inspectors and city and county sealers of weights and        measures in each region.            (2)  The number of inspections made by each State        inspector, Certified Examiners of Weights and Measures and        city and county sealers of weights and measures.            (3)  The number and nature of enforcement actions        initiated by each State inspector and city and county sealers        of weights and measures.            (4)  The disposition of each enforcement action,        including the number and nature of warnings issued by each        State inspector and city and county sealers of weights and        measures.        Cross References.  Section 4110 is referred to in sections     4102, 4112, 4119, 4142 of this title.