Bill Text: PA SB664 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for general powers and duties relating to weights and measures, for investigations, for orders, for powers and duties of director and inspector, for local administration, for concurrent jurisdiction, for division of responsibilities, for enforcement and regulations, for offenses and penalties, for injunctions and for disposition of funds.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2009-03-20 - Referred to CONSUMER PROTECTION AND PROFESSIONAL LICENSURE [SB664 Detail]

Download: Pennsylvania-2009-SB664-Introduced.html

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PRINTER'S NO. 728
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 664 Session of2009
INTRODUCED BY LOGAN, TARTAGLIONE, KITCHEN, FONTANA, KASUNIC AND FERLO, MARCH 20, 2009
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 20, 2009
AN ACT
Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, further providing for general powers and duties
relating to weights and measures, for investigations, for
orders, for powers and duties of director and inspector, for
local administration, for concurrent jurisdiction, for
division of responsibilities, for enforcement and
regulations, for offenses and penalties, for injunctions and
for disposition of funds.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 4109, 4116, 4118(a) and (c), 4121(a),
4122(b), 4124, 4125, 4150(a), 4176, 4179, 4183, 4191(b), 4192
and 4193(a) and (b) of Title 3 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 4109. General powers and duties [of department].
(a) Standards and records.--The State Metrology Laboratory
shall have the custody of the State standards of weight and
measure and of the other standards and equipment provided for by
this chapter and shall keep accurate records of the same.
(b) Attorney General.--The [department] Attorney General
shall enforce the provisions of this subchapter [and].
(c) Department.--The department shall keep a general
supervision over the weights and measures offered for sale, sold
or in use in this Commonwealth.
§ 4116. Investigations.
The department shall investigate complaints made to it
concerning violations of the provisions of this subchapter and
shall, upon its own initiative, conduct such investigations as
it deems appropriate and advisable to develop information on
prevailing procedures in commercial quantity determination and
on possible violations of the provisions of this subchapter and
to promote the general objective of accuracy in the
determination and representation of quantity in commercial
transactions. The department shall notify the Attorney General
of the results of complaint investigations.
§ 4118. Stop-use, stop-removal and removal orders.
(a) Orders.--The [department] Attorney General shall have
the power to issue stop-use orders, stop-removal orders and
removal orders with respect to weights and measures being
commercially used and to issue stop-removal orders and removal
orders with respect to packages or amounts of commodities kept,
offered or exposed for sale, sold or in the process of delivery,
whenever, in the course of the [department's] Attorney General's
enforcement of the provisions of this subchapter, the
[department] Attorney General deems it necessary or expedient to
issue such orders.
* * *
(c) Appeal.--Whenever an aggrieved person shall appeal or
seek to enjoin enforcement of any order issued by the
[department] Attorney General pursuant to this section, such
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proceeding shall be brought in the court of common pleas of the
judicial district in which the weight, measure or commodity was
located at the time of the issuance of the [department's] order.
§ 4121. Powers and duties of director and inspector.
(a) Powers and duties.--The powers and duties given to and
imposed upon the department by sections 4111 (relating to
testing and inspections of standards), 4112 (relating to general
testing and inspections), 4115 (relating to training program),
4116 (relating to investigations), 4117 (relating to inspection
of packages), [4118 (relating to stop-use, stop-removal and
removal orders),] 4119 (relating to disposition of correct and
incorrect apparatus)[,] and 4120 (relating to police powers;
right of entry and stoppage)[, 4124 (relating to concurrent
jurisdiction) and 4192 (relating to temporary or permanent
injunctions)] are hereby given to and imposed upon the director
and inspector also when acting under the instructions and at the
direction of the department.
* * *
§ 4122. City and county sealers and deputy sealers of weights
and measures; appointment, powers and duties.
* * *
(b) Powers and duties.--The sealer of a city or of a county
and his deputy sealers, when acting under his instructions and
at his direction, shall, but only to the extent delegated by the
department pursuant to section [4121] 4121(b) (relating to
powers and duties of director and inspector) and memorialized in
a memorandum of understanding executed pursuant to section 4125
(relating to division of responsibilities), have the same powers
and shall perform the same duties within the city or the county
for which appointed as are granted to and imposed upon the
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director by sections 4112 (relating to general testing and
inspections), 4116 (relating to investigations), 4117 (relating
to inspection of packages), 4118 (relating to stop-use, stop-
removal and removal orders), 4119 (relating to disposition of
correct and incorrect apparatus), 4120 (relating to police
powers; right of entry and stoppage) and 4192 (relating to
temporary or permanent injunctions).
§ 4124. Concurrent jurisdiction.
In cities and counties to which a delegation of powers and
duties has been effected pursuant to section 4121 (relating to
powers and duties of director and inspector), the [department]
Attorney General shall have concurrent authority to enforce the
provisions of this chapter.
§ 4125. Division of responsibilities.
(a) Agreements; local inspection.--The Attorney General and
the department shall enter into memorandums of understanding
with counties and with cities to which a delegation of powers
and duties has been effected pursuant to section 4121 (relating
to powers and duties of director and inspector) for a division
of inspection responsibilities for the enforcement of this
chapter and any rules, regulations and standards promulgated
under this chapter, provided that such counties or cities
satisfy the standards and requirements established by the
[department] Attorney General to assure uniform Statewide
enforcement of this chapter. Each memorandum of understanding
shall be reviewed and updated annually and may be revoked in
whole or in part by the Attorney General and the department in
the event the Attorney General or the department determines that
the city or county sealer enforcement program does not satisfy
the standards and requirements established by the Attorney
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General and the department as necessary to assure uniform
Statewide enforcement of this chapter. In reaching agreements to
enter into memorandums of understanding with counties and cities
employing sealers of weights and measures, the provisions of
this chapter and its regulations shall be considered as
establishing uniform requirements, regulations and standards for
weights and measures and weighing and measuring devices
throughout this Commonwealth.
(b) Reports.--Each city and county sealer shall annually and
at such other times as the Attorney General and the department
may require submit to the Attorney General and the department a
written report of the work performed by him, of the weights,
measures and weighing and measuring devices inspected or tested
by him and the results of such inspection or test, of all
prosecutions instituted by him for violations of the provisions
of this chapter and of all other matters and things pertaining
to his duties or which may be required by the department.
§ 4150. Enforcement and regulations.
(a) General rule.--The [director] Attorney General is
authorized and directed to enforce the provisions of this
subchapter [and]. The director is authorized and directed to
adopt, with the approval of the department, such rules and
regulations as are deemed necessary to carry out the provisions
of this subchapter.
* * *
§ 4176. Rules and regulations.
Rules and regulations for the carrying out [and enforcement]
of the provisions of this subchapter, not inconsistent with the
provisions thereof, shall be adopted by the department, which
rules and regulations shall include reasonable variations or
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tolerances which may be allowed on weights and measures and
weighing and measuring devices included within the provisions of
this subchapter, and also specifications for such weights and
measures and weighing and measuring devices for the guidance of
manufacturers in the design and construction of such weights and
measures and weighing and measuring devices.
§ 4179. Enforcement.
It shall be the duty of the bureau and the sealers of weights
and measures of the several counties and cities who shall find
satisfactory evidence of any violation of the provisions of this
subchapter to [cause] request the Attorney General to institute
appropriate proceedings [to be commenced and prosecuted, without
delay,] for the enforcement of the penalties as provided for in
this chapter.
§ 4183. Enforcement of chapter[, rules and regulations].
[(a) Duties.--]It shall be the duty of the [department and
the sealers of weights and measures] Attorney General and the
district attorneys of the several counties and cities to enforce
the provisions of this subchapter.
[(b) Regulations.--The department shall have power to adopt
and promulgate such rules and regulations not inconsistent with
the provisions of this subchapter as may be deemed necessary to
carry into effect the intent and purpose of this subchapter.]
§ 4191. Offenses and penalties.
* * *
(b) Civil penalties.--In addition to proceeding under any
other remedy available at law or in equity for a violation of a
provision of this chapter or a rule or regulation adopted or any
order issued under this chapter, the [department] Attorney
General may assess a civil penalty not to exceed $10,000 upon an
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individual or business for each offense. No civil penalty shall
be assessed unless the person charged has been given notice and
opportunity for a hearing in accordance with law. In determining
the amount of the civil penalty, the [department] Attorney
General shall consider the gravity of the violation. Whenever
the [department] Attorney General finds a violation which did
not cause harm to the public interest, the [department] Attorney
General may issue a warning in lieu of assessing a penalty. [In
case of inability to collect the civil penalty or failure of any
person to pay all or any portion of the penalty as the
department may determine, the department may refer the matter to
the Attorney General, who shall recover the amount by action in
the appropriate court.]
* * *
§ 4192. Temporary or permanent injunctions.
In addition to any other remedies provided in this chapter,
the [department] Attorney General may apply to the Commonwealth
Court or to any other court having jurisdiction for a temporary
or permanent injunction restraining a person from violating any
provision of this chapter or any regulation adopted under this
chapter, regardless of whether there exists an adequate remedy
at law.
§ 4193. Disposition of funds.
(a) Deposit in State Treasury.--When the proceeding is
instituted by the [department] Attorney General, moneys received
from fines and civil penalties shall be paid into the State
Treasury [and]. Half of the moneys shall be credited to the
general government appropriations of the [Department of
Agriculture] department for administering the provisions of this
chapter, and half of the moneys shall be credited to the General
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Fund.
(b) Local share.--Notwithstanding subsection (a), if the
proceeding is instituted by a city or county which has entered
into a memorandum of understanding with the Attorney General and
the department to enforce the provisions of this chapter, moneys
received from fines and civil penalties shall be paid to the
city or county.
* * *
Section 2. This act shall take effect in 60 days.
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