[29 Pa.B. 2460]
[Continued from previous Web Page]
Annex A
TITLE 70. WEIGHTS, MEASURES
AND STANDARDS
PART I. GENERAL
CHAPTER 1. (Reserved) § 1.1. (Reserved).
§§ 1.11--1.14. (Reserved).
§ 1.21. (Reserved).
§§ 1.31--1.33. (Reserved).
§ 1.41. (Reserved).
CHAPTER 2. GENERAL PROVISIONS Sec.
2.1. Definitions. 2.2. Contacting the Department. § 2.1. Definitions.
The following word and terms, when used in this title, have the following meanings, unless the context clearly indicates otherwise:
Act--The Consolidated Weights and Measures Act, 3 Pa.C.S. §§ 4101--4194.
Bureau--The Bureau of Ride and Measurement Standards in the Department.
CEWM--Certified Examiner of Weights and Measures--An individual who has successfully completed the training courses prescribed by NIST and approved by the Department in accordance with § 4.6 (relating to training courses), and who holds a current certificate issued by the Department in accordance with the certification standards in this chapter.
CEWM certificate--A document issued by the Department to a particular person to evidence that the named individual is a CEWM.
Certified UPC/PLU inspector--An individual who is certified by the Department as meeting the training and application requirements of Chapter 5 (relating to UPC scanning systems and PLU devices) and who is lawfully qualified to inspect UPC scanning systems and PLU devices for purposes of the testing and inspections required under section 4112(c) of the act (relating to general testing and inspections).
Commodity--Anything such as goods, wares, merchandise, compound mixture or preparation, products of manufacture or tangible personal property which may be lawfully kept, sold or offered for sale or a product being transported by vehicle and sold or priced by weight, or a service priced by weight.
Commodity in package form--
(i) A commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale exclusive of auxiliary shipping container enclosing packages that individually conform to the requirements of the act.
(ii) An individual item or lot of any commodity not in package form but on which there is a marked selling price based on an established price per unit of weight or measure will be construed to be a commodity in package form.
Consumer package or package of consumer commodity--A commodity in package form that is customarily produced or distributed for sale through retail sales agencies or instrumentalities for consumption by individuals, or use by individuals for the purposes of personal care or in the performance of services ordinarily rendered in or about the household or in connection with personal possessions and which usually is consumed or expended in the course of consumption or use.
Commercial feed facility--Each separate mill or plant, whether fixed or mobile, or distributor of commercial feed or customer-formula feed, as those terms are defined in 3 Pa.C.S. §§ 5101--5115 (relating to the Commercial Feed Act).
Commercially used weighing and measuring devices--
(i) Weights and measures used in determining the weight, measurement or count of commodities or things sold, offered for sale or exposed for sale on the basis of weight, measure or count, or in computing the basic charge or payment for services rendered on the basis of weight, measure, count or time.
(ii) The term also includes UPC scanning systems and PLU devices used to determine the amount due with respect to commodities or things sold, offered for sale or exposed for sale.
Cord--The amount of wood that is contained in a space of 128 cubic feet when the wood is racked and well stowed when used in connection with wood intended for fuel purposes.
Department--The Department of Agriculture of the Commonwealth.
Director--The Director of the Bureau.
Domestic consumers--Consumers in residences, apartment houses, stores, churches, office buildings and similar edifices, as distinguished from industrial plants.
Field standards--A standard that is calibrated against a reference standard, and is routinely used to calibrate or check material measures, measuring instruments or reference materials.
Food Act--31 P. S. §§ 20.1--20.18.
Food establishment--
(i) A retail food store and a room, building or place or portion thereof or vehicle maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing or transporting or handling food.
(ii) The term includes those portions of public eating and drinking licensees which offer food for sale for off-premises consumption, except those portions of establishments operating exclusively under milk or milk products permits.
Inspector or State inspector--A State inspector of weights and measures.
Intrastate commerce--Commerce or trade that is begun, carried on or completed wholly within the limits of this Commonwealth.
Introduced into intrastate commerce--The time and place at which the first sale or delivery, or both, of a commodity is made within this Commonwealth, the delivery being made either directly to the purchaser or to a common carrier for shipment to the purchaser.
Licensed public weighmaster--A person holding a valid weighmaster's license issued in accordance with section 4151 of the act (relating to licenses) and Chapter 8 (relating to training program for inspectors and sealers), and authorized to issue weighmaster's certificates.
Light fuel oils--Kerosene, number one fuel oil, number two fuel oil, number three fuel oil and any similar oil used for domestic heating as distinguished from heavy industrial oils.
Memorandum of understanding--A written agreement pursuant to which the Department delegates to a city or county all or a portion of the enforcement duties and responsibilities assigned the Department under section 4121(a) of the act (relating to powers and duties of director and inspector) and this chapter, and that is otherwise in conformance with section 4125 of the act (relating to division of responsibilities).
NCWM--The National Conference on Weights and Measures.
NIST--The National Institute of Standards and Technology.
Nonconsumer package or package of nonconsumer commodity--A commodity in package form other than a consumer package, and particularly a package designed solely for industrial or institutional use or for wholesale distribution only.
Office standards--A complete set of copies of the State primary standards of weight and measure kept by the State Metrology Laboratory.
PLU--Price look-up--A pricing system where numbers are assigned to items or commodities, and the price is stored in a database for recall when the numbers are manually entered. PLU codes are used with scales, cash registers and point-of-sale systems.
PLU device--Price look-up device--A device that can access a database price file. The term includes bar code beam or contact scanners, Optical Character Recognition (OCR) scanners or readers, magnetic scanners or readers, alpha or numeric, or both, keyboards, voice response systems and computer-based retail price retrieval systems.
PLU system--Price look-up system--A computer-based retail price retrieval system.
Person--A corporation, partnership, limited liability company, business trust, other association, government entity (other than the Commonwealth), estate, trust, foundation or natural person.
Private certification program--A program under which a Certified UPC/PLU Inspector inspects a commercially used UPC scanning system or PLU device at least annually on an unannounced basis, and which otherwise conforms with section 4112(c) of the act and Chapter 5.
Public eating and drinking place--
(i) A place within this Commonwealth where food or drink is served to or provided for the public, with or without charge, or a place which otherwise conforms to the definition in section 1 of the Public Eating and Drinking Place Law (35 P. S. § 655.1).
(ii) The term does not include dining cars operated by a railroad company in interstate commerce or a bed and breakfast homestead or inn.
Public Eating and Drinking Place Law--The act of May 23, 1945 (P. L. 926, No. 369) (35 P. S. §§ 655.1--655.13).
Public weighing--The weighing of any commodity for any commercial purpose.
Scanning system--A general term for any of the several types of PLU technologies capable of communicating with a database price file or retail price retrieval system. The term includes hardware, software and supporting computer systems.
Sealer--A sealer or deputy sealer of weights and measures of a city, county or joint city-county jurisdiction.
Secretary--The Secretary of the Department.
Sell or sale--Barter and exchange.
Single service device--A device that is designed to be used commercially only once and then discarded.
Solid fuel--Anthracite, semianthracite, bituminous, semibituminous or lignite coal, briquettes, boulets, coke, gashouse coke, petroleum coke, carbon, charcoal or any other natural, manufactured or patented fuel not sold by liquid or metered measure.
State standards--Standards of weight and measure which conform with the standards of the United States, which have been certified as being satisfactory for use as the State standards by NIST, which are maintained at the State Metrology Laboratory and which otherwise conform with section 4106 of the act (relating to state standards of weight and measure).
Type--A class the individual objects of which are similar to another in design construction, size and material.
UPC scanning system--A scanning system capable of reading UPC symbology and reflecting the information represented by that symbology in the price a person pays for commodities or things sold, offered for sale or exposed for sale.
UPC/PLU inspector's certificate--A document issued by the Department to a particular person to evidence that the named individual has successfully completed the training necessary for the person to be qualified to inspect UPC scanning systems and PLU devices for purposes of section 4112(c) of the act.
UPC--Universal product code--A general term for any of several types of bar code symbology. The term may refer to various versions of symbology developed by the Uniform Code Council, including UPC versions A or E of the Uniform Code Council: Codes 2 of 5, 3 of 9, 128 or any others available now or in the future.
Use in trade or commerce--Buying or selling goods, wares, merchandise or services.
Vehicle--A device in, upon or by which any property, produce, commodity or article is or may be transported or drawn.
Weights and measures--Weights and measures of every kind, instruments and devices for weighing and measuring and any appliances and accessories associated with any or all such instruments or devices.
(i) The term includes the following: parking meters, postal scales and other scales used to determine shipping charges, pill counters, grain moisture meters, coin-operated person weighers, coin-operated air dispensers and coin-operated axle and vehicle scales.
(ii) The term also includes PLU devices and UPC scanning systems in food establishments required to be licensed in accordance with the Food Act.
(iii) The term does not include portable scales used to determine compliance with 75 Pa.C.S. Chapter 49 (relating to size, weight and load), meters for the measurement of electricity, gas, natural or manufactured, steam, coolant or water or the counting or timing of telephone calls when the same are operated in a public utility system or taxi meters. These portable scales, electricity, gas, steam, coolant, water and telephone meters and taxi meters are specifically excluded from the purview of the act and none of the provisions of the act apply to these meters or to any appliances or accessories associated therewith.
§ 2.2. Contacting the Department.
For purposes of this title, a person may contact the Department at the following address:
Department of Agriculture
Bureau of Ride and Measurement Standards
2301 North Cameron Street
Harrisburg, Pennsylvania 17110-9408
Telephone Number: (717) 787-9089
FAX Number: (717) 783-4158
CHAPTER 3. (Reserved) § 3.1. (Reserved).
§ 3.2. (Reserved).
§§ 3.11--3.14. (Reserved).
CHAPTER 4. CERTIFIED EXAMINERS OF WEIGHTS AND MEASURES Sec.
4.1. Purpose. 4.2. CEWM. 4.3. Authority of a CEWM. 4.4. Categories and types of weighing or measuring devices which a CEWM may inspect. 4.5. Certification standards. 4.6. Training courses. 4.7. Audit by Department. 4.8. Applying for certification. 4.9. CEWM certificate. 4.10. Expiration of CEWM certificate. 4.11. Obtaining a new CEWM certificate. 4.12. Testing and inspection performance standards. 4.13. Reporting procedures for CEWM. 4.14. Inspection and testing by the Department. 4.15. Suspension or revocation of certification. 4.16. CEWM list. 4.17. Civil penalties. § 4.1. Purpose.
This chapter sets forth the certification standards required under section 4110(a)(4) of the act (relating to specific powers and duties of the department; regulations), under which the Department may approve training courses and certify a person as a CEWM for purposes of the act.
§ 4.2. CEWM.
A person may apply to the Department for certification that the person is a CEWM for purposes of the act and this title, with respect to one or more of the categories or types of weighing or measuring devices in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect).
§ 4.3. Authority of a CEWM.
(a) General. A CEWM may perform the annual testing and inspection of any weighing or measuring device which the Department is required to perform under section 4112(b) of the act (relating to general testing and inspections), and is listed in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect), and with respect to which the CEWM is certified. A CEWM may inspect these weighing and measuring devices regardless of whether the CEWM is the owner or lessor of the devices or is an employe or agent of the owner or lessor of the devices. The Department may accept the report of a CEWM as sufficient to meet the statutory testing and inspection requirements in section 4112(b) of the act.
(b) Fees. A CEWM may charge a fee for inspection and testing services.
§ 4.4. Categories and types of weighing or measuring devices which a CEWM may inspect.
The categories and types of weighing or measuring devices with respect to which a person may be certified as a CEWM are as follows:
(1) Small capacity retail computing scales.
(2) Retail package shipping scales.
(3) Vehicle scales.
(4) Small platform scales which weigh items to 1,000 pounds.
(5) Truck-mounted fuel oil meters.
(6) Truck-mounted liquid petroleum gas meters.
(7) Compressed natural gas meters.
(8) Retail motor fuel dispensers.
§ 4.5. Certification standards.
A person seeking a CEWM certificate from the Department shall do the following:
(1) Successfully complete a training course prescribed by NIST for the category or type of weighing or measuring device with respect to which the certificate is sought.
(2) Comply with the application and other requirements of this chapter.
§ 4.6. Training courses.
(a) NIST training courses. Under section 4110(b) of the act (relating to specific powers and duties of department regulations), a training course now or hereafter prescribed by NIST for a particular category or type of measuring or weighing device listed in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect) is an appropriate training course for the subject category or type of weighing or measuring device.
(b) Obtaining a list of current NIST training courses. The Department will provide a current list of NIST training courses and the category or type of weighing or measuring device with respect to which each course is applicable upon request.
(c) Publication of list. The Department will update or revise the list of NIST courses referenced in subsection (b) by publishing notice describing this update or revision in the Pennsylvania Bulletin. The notice will include the course name and the category or type of weighing or measuring device, and indicate whether the course is being added or deleted.
(d) Effect of addition of a course to list of courses. If a course is added to the list described in subsection (c), a person who has successfully completed that course within 2 years prior to its inclusion on the list will be deemed to have completed the course requirement of the certification standards in § 4.5(1) (relating to certification standards).
§ 4.7. Audit by Department.
The Department may attend and audit an approved training course to ascertain whether the course is conducted in accordance with the act and in conformity to NIST standards or applicable standards of the Department and the program syllabus. A person offering or conducting an approved training course shall, at least 7 days in advance of conducting an approved training course, mail or deliver to the Department written notification of the date, time and location of the training course. A person offering or conducting an approved training course shall allow the Department's auditors entry to the program and provide copies of course materials.
§ 4.8. Applying for certification.
(a) Application required. A person who is at least 18 years of age and has successfully completed a training course prescribed by NIST and described in § 4.6 (relating to training courses) may apply to the Department for a CEWM certificate. Certification is granted through issuance of the certificate described in § 4.9 (relating to CEWM certificate).
(b) Form of application. A person seeking certification under the act may obtain an application form from the Department at the address in § 2.2 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:
(1) The name, mailing address and birth date of the person seeking a certificate.
(2) The name, location and date of completion of any approved training course completed by the person seeking a certificate.
(3) A copy of any certificate of completion with respect to the approved training course.
(4) The category or type of weighing or measuring device with respect to which the certificate is sought.
(5) A detailed description of the equipment the person seeking the CEWM certificate will use in conducting inspections of the weighing or measuring devices of the category or type with respect to which certification is sought, with copies of applicable verifications of accuracy, inspection records and other documentation demonstrating the equipment is adequate and meets the requirements of § 6.3 (relating to field standards).
(6) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.
(7) The date of the application.
(8) Other information the Department might reasonably require.
(c) Departmental action on application. The Department will, within 30 days of receiving an application and the application fee, mail the applicant a certificate, a disapproval notice or a request for additional clarification or documentation. If the Department requests additional clarification or documentation, its review and consideration of the application will cease until the requested material is received, at which time the 30-day review period shall begin again.
§ 4.9. CEWM certificate.
(a) Form of CEWM certificate. The Department will format the CEWM certificate into an identification card sized document, so it may be carried conveniently on a CEWM's person while performing inspections or tests under authority of that certificate.
(b) Contents of CEWM certificate. A CEWM certificate will bear the following information:
(1) The name of the person to whom it is issued.
(2) The category or type of weighing or measuring device with respect to which the person is certified.
(3) The expiration date of the certificate, which, in accordance with § 4.10 (relating to expiration of certificate), shall be 3 years from the date of issuance.
(4) A unique identification number.
(5) A photograph of the person to whom it is issued.
(6) A statement that the Department has determined the person identified on the certificate to be a ''Certified Examiner of Weights and Measures'' with respect to the category or type of weighing or measuring device identified on the certificate.
(7) Other information the Department might reasonably include.
(c) Ownership of CEWM certificate. A CEWM certificate issued by the Department will remain the property of the Department. A CEWM or other person having physical possession of a CEWM certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.
(d) Obligation to produce CEWM certificate for inspection. A CEWM shall have the CEWM certificate with him whenever performing inspections or tests under authority of that certificate, and shall produce the certificate for inspection upon demand by the Department or any person on whose behalf the CEWM is performing the inspection or test.
§ 4.10. Expiration of CEWM certificate.
A CEWM certificate will be valid for 3 years from the date it is issued, unless it is suspended or revoked earlier in accordance with the procedures in § 4.15 (relating to suspension or revocation of certification).
§ 4.11. Obtaining a new CEWM certificate.
(a) No renewals: new certificate required. The Department will not renew a CEWM certificate or extend the expiration date of a certificate. A person shall, instead, apply for and obtain a new CEWM certificate in accordance with § 4.8 (relating to applying for certification) to remain a CEWM.
(b) Training course. A person who is applying for certification applicable to a category or type of weighing or measuring device with respect to which the person is or has been a CEWM shall have successfully completed one of the following within 2 years of the date of the application form:
(1) A training course as described in § 4.6 (relating to training courses) applicable to that same category or type.
(2) A training course developed and approved by the Department applicable to that same category or type. The Department will publish a list of these approved training courses in the Pennsylvania Bulletin, and update this list to keep it current.
(c) Timing of application. A person may apply for a CEWM certificate at any time. A current CEWM who seeks to avoid any lapse in certification is encouraged to apply for certification at least 60 days in advance of the expiration date of his current certificate.
§ 4.12. Testing and inspection performance standards.
The Department will use applicable NIST standards as the testing and inspection performance standards of the Department.
§ 4.13. Reporting procedures for CEWM.
(a) Inspection report form required. A CEWM shall prepare and submit to the Bureau an inspection report form, describing all of the weighing or measuring devices inspected at a particular location on a particular date.
(b) Preparation and expense of acquiring forms. The Department will provide a sample inspection report form upon the request of a CEWM. This sample form may be copied at the CEWM's expense.
(c) Contents of inspection report form. A completed inspection report form shall contain the following information:
(1) The printed name of the CEWM.
(2) The identification number of the CEWM. This number appears on the CEWM certificate.
(3) The date of the inspection.
(4) The location of the inspection.
(5) The category or type of each weighing or measuring device inspected.
(6) The manufacturer, model and serial number of each device inspected.
(7) A description of any defects or deficiencies in the weighing or measuring device inspected, and whether they have been repaired or rectified.
(8) A statement of whether the weighing or measuring device is in compliance with applicable NIST performance standards.
(9) Comments or explanations the CEWM deems necessary for clarity.
(10) The signature of the CEWM.
(d) Distribution of forms. A completed inspection report form shall be distributed as follows:
(1) The CEWM shall distribute the original of this form to the owner of the weighing or measuring device inspected, or to a responsible person at the site where the inspection occurred.
(2) The CEWM shall forward a copy of this form to the Department by mailing or delivering it to the Department by the 10th day of the month immediately following the month the inspection was conducted. Delivery may be accomplished by electronic means such as modem transmission/e-mail or fax machine. If delivery is accomplished by FAX machine, the CEWM shall retain the transmittal receipt as proof of compliance with this requirement.
(3) The CEWM shall retain a copy of this form and any transmittal receipt evidencing delivery of the form to the Department for at least 3 years from the date the testing and inspection services are performed.
(e) Prompt report of inaccurate devices.
(1) In addition to the other reporting requirements of this section, a CEWM shall promptly report any commercially used weighing and measuring device that the CEWM finds, upon inspection, does not conform with applicable NIST performance standards or is otherwise unsuitable for commercial use.
(2) This report shall:
(i) Provide the location of the device.
(ii) Identify the device by name, model number and serial number.
(iii) Describe the deficiency.
(iv) State the date and time of the CEWM's inspection.
(3) This report shall be faxed or delivered to the Department at the address in § 2.2 (relating to contacting the Department) within 48 hours of the CEWM's inspection.
§ 4.14. Inspection and testing by the Department.
(a) Random inspection and testing. In accordance with section 4110 of the act (relating to specific powers and duties of the department; regulations), the Department will conduct random inspection and testing of a sample of devices that have been inspected and tested by a CEWM to determine whether the CEWM conducted the inspection and testing in accordance with the act and this chapter. This random inspection and testing will include a representative sample of each of the types of weighing and measuring devices in § 4.4 (relating to categories and types of weighing and measuring devices which a CEWM may inspect).
(b) Inspections generally. In addition to the random inspection and testing described in subsection (a), the Department may conduct inspection and testing of any device that has been inspected and tested by a CEWM.
(c) Time lapse affecting results. In evaluating the inspection and testing performed by the CEWM, the Department will take into account any lapse of time between an inspection performed by the Department and the inspection performed by the CEWM.
(d) Reporting of results. Within 30 days following a random inspection, the Department will mail the CEWM written notice of the inspection and the results of that inspection.
(e) Use of results. The Department may use the results of its inspection and testing to suspend or revoke the certificate of a CEWM in accordance with § 4.15 (relating to suspension or revocation of certification), or as the basis for a warning or instruction directed to the CEWM.
§ 4.15. Suspension or revocation of certification.
(a) Basis for action. The Department may suspend or revoke a CEWM certificate if the certificateholder does one or more of the following:
(1) Violates a provision of this chapter.
(2) Violates a provision of the act.
(3) Violates an applicable NIST standard, unless that standard is inconsistent with the act or this chapter.
(4) Intentionally or fraudulently reports inaccurate information on an inspection report form.
(5) Is found, following inspection and testing by the Department in accordance with § 4.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed testing and inspections of the category or type of weighing or measuring device with respect to which the certificate was issued.
(b) Notice. The Department will provide a CEWM with written notice of its intention to suspend or revoke certification, which will afford that person notice and opportunity for an administrative hearing before the Department prior to the effective date of the suspension or revocation.
(c) Delivery of notice. The Department will deliver the notice described in subsection (b) to the affected certificateholder by personal service or by regular mail to the address provided by the certificateholder on his application for certificate under § 4.8 (relating to applying for certification), or to the address most recently provided to the Department in writing by the CEWM as the address to which notices should be sent.
§ 4.16. CEWM list.
(a) CEWM list to be maintained. The Department will maintain a current CEWM list containing the following information with respect to each CEWM:
(1) Name and address.
(2) Telephone number.
(3) Fax number (if available).
(4) Each category or type of weighing or measuring device with respect to which the CEWM is certified.
(5) The expiration date of certification.
(6) The unique identification number of the CEWM's certificate.
(b) Distribution of copies. The Department will provide a copy of the current CEWM list upon request.
§ 4.17. Civil penalties.
(a) General. The Department may assess a civil penalty of up to $10,000 against a person that violates the act or this chapter. In determining the amount of a civil penalty, the Department will consider the gravity of the violation.
(b) Notice. The Department will provide a person written notice of a violation of the act or this chapter and an opportunity for an administrative hearing on the violation prior to the imposition of a civil penalty.
(c) Warning. If the Department determines a violation did not cause harm to the public interest, the Department may issue a warning in lieu of assessing a civil penalty.
CHAPTER 5. UPC SCANNING SYSTEMS
AND PLU DEVICES
GENERAL Sec.
5.1. Purpose. 5.2. Requirement of annual testing and inspection. 5.3. Testing and inspection standards. 5.4. Certified UPC/PLU inspector. 5.5. Authority of certified UPC/PLU inspector 5.6. Certification requirements. 5.7. Training courses. 5.8. Applying for certification. 5.9. UPC/PLU inspector's certificate. 5.10. Expiration of UPC/PLU inspector's certificate. 5.11. Obtaining a new UPC/PLU inspector's certificate. 5.12. Inspections: reporting procedures. 5.13. Inspections: enforcement levels. 5.14. Inspection and testing by the Department. 5.15. Suspension or revocation of certification. 5.16. Certified UPC/PLU inspector list.
PRIVATE CERTIFICATION PROGRAMS
5.21. Registration. 5.22. Requirements and fees. 5.23. Program list.
GENERAL § 5.1. Purpose.
Section 4112(c) of the act (relating to general testing and inspections) requires the inspection of all commercially used UPC scanning systems and PLU devices within this Commonwealth by June 30, 1999, and thereafter at intervals of no greater than 12 months. It is the purpose of this chapter to accomplish the following:
(1) Establish the Department's specifications, tolerances and procedures with respect to the inspection of UPC scanning systems and PLU devices, and supplant Chapter 39 (relating to interim guidelines for the certification of inspectors of commercially used universal product code scanning systems and price look up devices--statement of policy) as authorized in section 4112(d) of the act.
(2) Identify the minimum level of training necessary for a person to be qualified to inspect UPC scanning systems and PLU devices.
(3) Establish a procedure by which a person may apply to the Department to become a certified UPC/PLU inspector.
(4) Prescribe a procedure under which the Department can review inspections performed by certain certified UPC/PLU inspectors and revoke or suspend certification.
(5) Establish minimum requirements for the ''private certification programs'' referenced in section 4112(c) of the act.
(6) Otherwise comply with section 4112(d) of the act.
§ 5.2. Requirement of annual testing and inspection.
(a) General requirement. The Department will, by June 30, 1999, and within every 12-month period thereafter, inspect and test each commercially used UPC scanning system and PLU device in this Commonwealth to ascertain if it is correct, unless the system or device is inspected by a city or county sealer, as described in subsection (b), or the system or device is exempt from inspection, as described in subsection (c).
(b) Delegation of inspection responsibilities. The Department may assign responsibility for conducting the testing and inspections described in subsection (a) to a city or county by a memorandum of understanding between the Department and the city or county entered into in accordance with section 4125 of the act (relating to division of responsibilities).
(c) Exemption for UPC scanning systems and PLU devices inspected by a private certification program. A commercially used UPC scanning system or PLU device shall be exempt from the annual testing and inspection described in subsection (a) if all of the following occur:
(1) The system or device is inspected at intervals of no greater than 1 year.
(2) The inspection is unannounced.
(3) The inspection is conducted as part of a private certification program.
(4) The private certification program has registered with the Department in accordance with § 5.21 (relating to registration).
(5) The certified UPC/PLU inspector conducting the inspection on behalf of the private certification program files a price verification inspection report with the Department in accordance with the procedure described at § 5.12 (relating to inspections: reporting procedures).
(6) The private certification program meets the requirements of this chapter.
§ 5.3. Testing and inspection standards.
(a) Standards. The ''Examination Procedures for Price Verification'' adopted by NCWM in Publication No. 19 (August 1995), or any subsequent amendment thereof, are hereby adopted as the specifications and tolerances of the Department with respect to commercially used UPC scanning systems and PLU devices.
Example: A certified UPC/PLU inspector shall evaluate ''errors'' and the ''accuracy'' of UPC scanning systems and PLU devices in accordance with the ''Examination Procedure for Price Verification'' in NCWM Publication No. 19 (August 1995), which requires that a UPC scanning system or PLU device have an accuracy rate of 98% or higher to ''pass'' an inspection.Example: A certified UPC/PLU inspector shall verify the price of sale items by allowing the sales clerk to determine the price of the item using the store's customary procedures, including manually entering discounts, in accordance with Paragraph 7.3, Note 3, of the ''Examination Procedure for Price Verification'' in NCWM Publication No. 19 (August 1995).(b) Applicability. The standards described in subsection (a) will be used by any person conducting testing and inspection of a commercially used UPC scanning system or PLU device in the capacity of a certified UPC/PLU inspector.
(c) Obtaining Publication No. 19. The Department will provide a copy of NCWM Publication No. 19 (August 1995), or any subsequent amendment thereof, at cost to any person requesting a copy.
§ 5.4. Certified UPC/PLU inspector.
A person shall be a certified PLU/UPC inspector to conduct an inspection of a commercially used UPC scanning system or PLU device described in section 4112(c) of the act (relating to general testing and inspections), regardless of whether the inspection is performed by a State inspector of weights and measures, an employe of a city or county acting in accordance with a memorandum of understanding entered into with the Department, or a person acting as part of a private certification program. A person may apply to the Department to become a certified UPC/PLU inspector.
§ 5.5. Authority of a certified UPC/PLU inspector.
(a) General. A certified UPC/PLU inspector is qualified to perform the annual testing and inspection of a commercially used UPC scanning system or PLU device which is required under section 4112(c) of the act (relating to general testing and inspections). A certified UPC/PLU inspector--including a certified UPC/PLU inspector acting as part of a private certification program--may inspect UPC scanning systems or PLU devices owned, used or leased by a person with respect to which the certified UPC/PLU inspector is an employe or agent if the inspection is conducted on an unannounced basis under section 4112(c) of the act.
(b) Limitation on authority. A certified UPC/PLU inspector may exercise authority only in one of the following contexts:
(1) The certified UPC/PLU inspector is a State inspector of weights and measures.
(2) The certified UPC/PLU inspector is an employe of a city or county, and is acting in accordance with a memorandum of understanding entered into with the Department in accordance with section 4125 of the act (relating to division of responsibilities).
(3) The certified UPC/PLU inspector is acting as part of a private certification program.
(c) Fees. A certified UPC/PLU inspector may not charge a fee for inspection and testing services, unless that person is acting as part of a private certification program, or that person is an employe of a city or county and is acting in accordance with a memorandum of understanding entered into with the Department under section 4125 of the act.
§ 5.6. Certification requirements.
(a) General. A person seeking to become a certified UPC/PLU inspector shall do the following:
(1) Successfully complete a training course in examination procedures for price verification as adopted by NIST/NCWM, and as described in § 5.7 (relating to training courses).
(2) Comply with the application requirements and other requirements of this chapter.
(b) Persons certified under interim guidelines. A UPC/PLU inspector's certificate issued in accordance with Chapter 39 (relating to interim guidelines for the certification of inspectors of commercially used universal product code scanning systems and price look up devices--statement of policy) authorized by section 4112(d) of the act (relating to general testing and inspections) shall be considered a UPC/PLU inspector's certificate issued under this chapter.
§ 5.7. Training courses.
(a) General approval of NIST/NCWM training courses. The Department has approved any NIST/NCWM price verification training course utilizing the ''Examination Procedure for Price Verification'' set forth in NCWM Publication No. 19 (August, 1995), or a subsequent successor publication thereto, as an approved training course for certified UPC/PLU inspector candidates.
(b) Current approved NIST/NCWM training courses. The current approved NIST/NCWM training courses are the ''NIST/NCWM Price Verification Training'' course and the ''NIST/NCWM Price Verification Instructor's Training'' course. An approved training course may be conducted by a person who has successfully completed the NIST/NCWM price verification instructor's training course.
(c) New or additional training courses. The Department will update or revise the list of approved NIST/NCWM training courses in subsection (b) by publishing notice describing this update or revision in the Pennsylvania Bulletin.
(d) Effect of addition of a course to list of approved courses. If the Department approves a new or additional training course for certified UPC/PLU inspector candidates, a person who has successfully completed that course within 2 years prior to its approval will be deemed to have completed an approved course.
§ 5.8. Applying for certification.
(a) Application required. A person who is at least 18 years of age and has successfully completed an approved training course (as described in § 5.7 (relating to training courses)) within 2 years of the date of application may apply to be certified as a UPC/PLU inspector. Certification is granted through issuance of the certificate described in § 5.9 (relating to UPC/PLU inspector's certificate).
(b) Form of application. A person seeking to become a certified UPC/PLU inspector may obtain an application form from the Department at the address in § 2.2 (relating to contacting the Department). The applicant shall complete the form and return it to that same address. The application form shall require the following information:
(1) The name, mailing address and birth date of the person seeking a UPC/PLU inspector's certificate.
(2) Whether the applicant seeks to conduct UPC/PLU inspections as a State inspector of weights and measures, an employe of a city or county acting in accordance with a memorandum of understanding with the Department or as part of a private certification program.
(3) The name, location and date of completion of any approved training course completed by the person seeking a UPC/PLU inspector's certificate.
(4) A copy of any certificate of completion with respect to the approved training course.
(5) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.
(6) The date of the application.
(7) Other information the Department might reasonably require to determine eligibility for certification.
(c) Departmental action on application. The Department will, within 30 days of receiving an application, mail the applicant a UPC/PLU inspector's certificate, a disapproval notice or a request for additional clarification or documentation. If the Department requests additional clarification or documentation, its review and consideration of the application will cease until the requested material is received, at which time the 30-day review period will begin again.
§ 5.9. UPC/PLU inspector's certificate.
(a) Form of certificate. The Department will format the UPC/PLU inspector's certificate into an identification card sized document, so it may be carried conveniently on a certified UPC/PLU inspector's person while performing inspections or tests under authority of that certificate.
(b) Contents of UPC/PLU inspector's certificate. A UPC/PLU inspector's certificate will bear the following information:
(1) The name of the person to whom it is issued.
(2) The expiration date of the certificate, which, in accordance with § 5.10 (relating to expiration of UPC/PLU inspector's certificate), shall be 3 years from the date of issuance.
(3) A unique identification number.
(4) A photograph of the person to whom it is issued.
(5) A statement that the Department has determined the person identified on the certificate to be a ''certified UPC/PLU inspector'' in accordance with section 4112 of the act (relating to general testing and inspections).
(6) Other information the Department might reasonably include.
(c) Ownership of UPC/PLU inspector's certificate. A certificate issued by the Department will remain the property of the Department. A certified UPC/PLU inspector or other person having physical possession of a certificate shall, upon written notice from the Department, surrender and return the certificate to the Department.
(d) Obligation to produce certificate for inspection. A certified UPC/PLU inspector shall have his UPC/PLU inspector's certificate with him whenever performing inspections or tests under authority of that certificate, and shall produce the certificate for inspection upon demand by the Department or a person on whose behalf the certified UPC/PLU inspector is performing the inspection or test.
§ 5.10. Expiration of UPC/PLU inspector's certificate.
A UPC/PLU inspector's certificate is valid for 3 years from the date it is issued, unless it is suspended or revoked earlier in accordance with the procedures in § 5.15 (relating to suspension or revocation of certification).
§ 5.11. Obtaining a new UPC/PLU inspector's certificate.
(a) No renewals: new certificate required. The Department will not renew a UPC/PLU inspector's certificate or extend the expiration date of a certificate. A person shall, instead, apply for and obtain a new certificate in accordance with § 5.8 (relating to applying for certification) in order to remain a certified UPC/PLU inspector.
(b) Training course. A person who is applying for certification shall have successfully completed an approved training course as described in § 5.7 (relating to training courses) within 2 years of the date of the application form.
(c) Timing of application. A person may apply for certification at any time. A current certified UPC/PLU inspector who seeks to avoid a lapse in certification is encouraged to apply for a new UPC/PLU inspector's certificate at least 60 days in advance of the expiration date of the current certificate.
§ 5.12. Inspections: reporting procedures.
(a) Inspection report form required. A certified UPC/PLU inspector shall prepare and submit to the Bureau a price verification inspection report form with respect to any inspection the certified UPC/PLU inspector conducts. A copy of this price verification inspection form is set forth in Appendix A. The form is substantively identical to the ''Appendix A Model Form--Price Verification Report'' form in NCWM's Examination Procedure for Price Verification.
(b) Acquiring forms. The Department will provide a sample price verification inspection report form upon the request of a certified UPC/PLU inspector. This sample form may be copied at the certified UPC/PLU inspector's expense.
(c) Distribution of forms. A completed price verification inspection report form shall be distributed as follows:
(1) The certified UPC/PLU inspector shall distribute the original of this form to the owner of the systems and devices inspected, or to a responsible person at the site where the inspection occurred.
(2) The certified UPC/PLU inspector shall forward a copy of this form to the Department by mailing or delivering it to the Department by the 10th day of the month immediately following the month the inspection was conducted. Delivery may be accomplished by electronic means such as modem transmission/e-mail or fax machine. If delivery is accomplished by fax machine, the certified UPC/PLU inspector shall retain the transmittal receipt as proof of compliance with this requirement.
(3) The certified UPC/PLU inspector shall retain a copy of this form and any transmittal receipt evidencing delivery of the form to the Department for at least 3 years from the date the testing and inspection services are performed.
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