4112 - General testing and inspections.

     § 4112.  General testing and inspections.        (a)  Schedule.--When not otherwise provided by law, the     department shall have the powers to inspect and test to     ascertain if they are correct all weights and measures kept,     offered or exposed for sale. It shall be the duty of the     department within a 12-month period, or less frequently if in     accordance with a schedule issued by it or more frequently if     deemed necessary, to assure that all weights and measures     commercially used:            (1)  in determining the weight, measurement or count of        commodities or things sold, offered or exposed for sale on        the basis of weight, measure or count; or            (2)  in computing the basic charge or payment for        services rendered on the basis of weight, measure or count or        of devices utilized to dispense services on time;     are inspected and tested to ascertain if they are correct. With     respect to single-service devices, that is, devices designed to     be used commercially only once and to be then discarded, and     with respect to devices uniformly mass produced, as by means of     a mold or die and not susceptible to individual adjustment,     tests may be made on representative samples of such devices and     the lots of which such samples are representative shall be held     to be correct or incorrect upon the basis of the results of the     inspections and tests on such samples.        (b)  Annual inspections.--Notwithstanding subsection (a), it     shall be the duty of the department at least once within a 12-     month period, or more frequently if deemed necessary, to assure     that all commercially used small capacity retail computing     scales, retail package shipping scales, vehicle scales, small     platform scales which weigh items to 1,000 pounds, truck-mounted     fuel oil meters, truck-mounted liquid petroleum gas meters,     compressed natural gas meters and retail motor fuel dispensers     are inspected and tested to ascertain if they are correct. The     department may accept reports of Certified Examiners of Weights     and Measures as sufficient to meet the inspection and testing     requirements of this subsection, provided such inspection and     testing is performed in accordance with all applicable standards     and procedures adopted under section 4110(a)(4) (relating to     specific powers and duties of department; regulations), provided     that State inspectors of weights and measures shall conduct     inspection and testing of a sample of devices inspected and     tested by Certified Examiners of Weights and Measures.        (c)  General testing and inspection of scanning devices.--     Notwithstanding any other provision of this chapter to the     contrary, within the 12-month period ending on June 30, 1999,     and every 12-month period thereafter, the department shall test     and inspect to ascertain if they are correct all commercially     used Universal Product Code scanning systems and Price Look Up     devices. A city or county may test and inspect such devices and     systems if specified in its memorandum of understanding entered     into with the department in accordance with section 4125     (relating to division of responsibilities). Such devices and     systems shall be exempt from the annual testing and inspection     requirements of this subsection if the device or system is     inspected at least annually on an unannounced basis as part of a     private certification program which conforms with the     examination procedures for price verification as adopted by the     National Conference of Weights and Measures.        (d)  Interim procedures.--In order to facilitate the speedy     implementation of subsection (c), the department shall     promulgate, adopt and use guidelines to provide for the     certification of individuals to test and inspect all     commercially used Universal Product Code scanning systems and     Price Look Up devices. The guidelines shall be published in the     Pennsylvania Bulletin. The guidelines shall not be subject to     review pursuant to section 205 of the act of July 31, 1968     (P.L.769, No.240), referred to as the Commonwealth Documents     Law, and sections 204(b) and 301(10) of the act of October 15,     1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,     or the act of June 25, 1982 (P.L.633, No.181), known as the     Regulatory Review Act, and shall be effective for a period of     not more than two years. After the expiration of the two-year     period, the guidelines shall expire and shall be replaced by     regulations which shall be promulgated, adopted and published as     provided by law. Nothing in this chapter shall be construed to     relieve the department of the responsibility, prior to June 30,     1999, to conduct tests and inspections of all commercially used     Universal Product Code scanning systems and Price Look Up     devices on a periodic basis and in response to complaints and to     initiate appropriate enforcement actions.     (Mar. 24, 1998, P.L.217, No.39, eff. imd.)        1998 Amendment.  Act 39 amended subsec. (c) and added subsec.     (d).        Cross References.  Section 4112 is referred to in sections     4110, 4114, 4120, 4121, 4122, 4142 of this title.