[29 Pa.B. 2460]
[Continued from previous Web Page] § 5.13. Inspections: enforcement levels.
The ''Model Enforcement Levels'' in Section 11, Paragraph 11.2 of NCWM's Examination Procedure for Price Verification, or any subsequent revision thereto, are adopted as the enforcement levels to be applied by the Department and certified UPC/PLU inspectors.
§ 5.14. Inspection and testing by the Department.
(a) Inspections generally. The Department may evaluate the performance of a certified UPC/PLU inspector who conducts inspections for a private certification program by conducting a follow-up inspection of any UPC scanning system or PLU device that has been inspected and tested by the certified UPC/PLU inspector.
(b) Time lapse and other factors effecting results. In evaluating the inspection and testing performed by a certified UPC/PLU inspector as described in subsection (a), the Department will consider any factor that might reasonably account for a variance between the Department's inspection results and those of the certified UPC/PLU inspector, including a lapse of time between an inspection performed by the Department and the inspection performed by the certified UPC/PLU inspector.
(c) Reporting of results. Within 30 days following a follow-up inspection, the Department will mail the certified UPC/PLU inspector written notice of the Department's inspection and the results of that inspection.
(d) Use of results. The Department may use the results of its follow-up inspection to suspend or revoke a UPC/PLU inspector's certificate, as described in subsection (a), in accordance with § 5.15 (relating to suspension or revocation of certification), or as the basis for a warning or instruction directed to the certified UPC/PLU inspector.
§ 5.15. Suspension or revocation of certification.
(a) Basis for action. The Department may suspend or revoke a UPC/PLU inspector's certificate if the certificate holder conducts inspections for a private certification program and 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 standard prescribed by NCWM's Examination Procedure for Price Verification, unless that standard is inconsistent with the act or this chapter.
(4) Intentionally or fraudulently reports inaccurate information on a price verification inspection report form.
(5) Is found, following inspection and testing by the Department in accordance with § 5.14 (relating to inspection and testing by the Department), to have inaccurately, improperly or incompetently performed an inspection of a UPC scanning system or PLU device.
(b) Notice. The Department will provide a certified UPC/PLU inspector 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 certified UPC/PLU inspector by personal service or by regular mail to the address provided by the certified UPC/PLU inspector on the most recent application for a certificate, or to the address most recently provided to the Department in writing by the certified UPC/PLU inspector as the address to which notices should be sent.
§ 5.16. Certified UPC/PLU inspector list.
(a) List to be maintained. The Department will maintain a current list containing the following information with respect to each certified UPC/PLU inspector:
(1) The name and address.
(2) The telephone number.
(3) The fax number, if available.
(4) The expiration date of certification.
(5) The unique identification number of the UPC/PLU inspector's certificate.
(b) Distribution of copies. The Department will provide a copy of the current certified UPC/PLU inspector list upon request.
PRIVATE CERTIFICATION PROGRAMS § 5.21. Registration.
(a) General requirement. A person who owns or operates a commercially used UPC scanning system or PLU device may avoid the requirement of annual State or local inspection described in section 4112(c) of the act (relating to general testing and inspections) by having the inspection performed by a private certification program. A private certification program shall meet the requirements of this chapter and shall, prior to commencing testing and inspection of commercially used UPC scanning systems or PLU devices, file a written statement with the Department, at the address in § 2.2 (relating to contacting the Department).
(b) Contents of written statement. The written statement referenced in subsection (a) shall contain the following:
(1) The name, business address and telephone number of the private certification program.
(2) The name of the certified UPC/PLU inspector who will be conducting UPC scanning system or PLU device inspections on behalf of the private certification program, together with the unique identification number appearing on that person's UPC/PLU inspector's certificate.
(3) The signature, printed name and title of the person making the statement.
(c) Action by Department. Within 30 days of receiving a written statement as described in subsection (b), the Department will mail the applicant a copy of the written statement bearing a legible stamp or seal indicating the original document has been filed with the Department.
(d) Updating the written statement. A private certification program shall, within 30 days of a change affecting the accuracy of a written statement it has filed with the Department, provide the Department an update of its written statement.
§ 5.22. Requirements and fees.
(a) Unannounced inspections required. A certified UPC/PLU inspector conducting an inspection on behalf of a private certification program shall conduct that inspection on an unannounced basis.
(b) Fees permitted. A private certification program may charge a fee for its services--whether a per-inspection fee, a flat annual fee, a membership fee in an organization that conducts a private certification program for its members, or some other fee arrangement.
§ 5.23. Program list.
(a) List to be maintained. The Department will maintain a current list of private certification programs. The list will contain the name, business address, telephone number and fax number (if available) of each private certification program.
(b) Distribution of copies. The Department will provide a copy of the current private certification program list upon request.
Appendix A
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF AGRICULTURE
BUREAU OF RIDE & MEASUREMENT STANDARDS
2301 NORTH CAMERON STREET
HARRISBURG, PA 17110-9408
PRICE VERIFICATION REPORT
CHAPTER 6. REGISTRATION OF SELLERS, INSTALLERS AND REPAIRERS OF WEIGHING AND
MEASURING DEVICES Sec.
6.1. Purpose. 6.2. Registration requirement. 6.3. Field standards. 6.4. Registration procedure. 6.5. Registration card. 6.6. Newly-installed or repaired commercial weighing and measuring devices. 6.7. Expiration/renewal of registration. § 6.1. Purpose.
This chapter establishes the program referenced in section 4113 of the act (relating to registration of sellers, installers and repairers of weighing and measuring devices), under which individual persons engaged in the business of selling, installing, servicing and repairing various types of commercial weighing and measuring devices shall register with the Department, maintain field standards that adequately test weighing and measuring devices being placed into commercial service and provide the Department notice of newly-installed commercial weighing and measuring devices. For purposes of this chapter, ''individual persons'' are natural persons and not corporations, partnerships or other business entities.
§ 6.2. Registration requirement.
(a) General registration requirement. An individual person may not act as a seller, installer, servicer or repairer of commercially used weighing and measuring devices in this Commonwealth unless the person first registers with the Department in accordance with this chapter and obtains the registration card described in § 6.5 (relating to registration card).
(b) Exception. The registration requirement established in subsection (a) is not applicable in instances when the commercially used weighing and measuring device being sold, installed, serviced or repaired is a UPC scanning system, a PLU device or a component of either system or device.
§ 6.3. Field standards.
(a) General requirement. An individual person who is employed or engaged in the business of installing, servicing or repairing commercially used weighing and measuring devices shall have, maintain and use field standards that are adequate to test and place weighing and measuring devices into commercial service, and otherwise meet the requirements of NIST Handbook 44, or a subsequent amendment thereof.
(b) Adequate field standards. For purposes of this chapter, field standards will not be considered adequate for use in placing commercially used weighing and measuring devices into service unless there exists a verification of accuracy issued by the State Metrology Laboratory with respect to those field standards, and the verification of accuracy was issued within 1 year preceeding use of the field standards. This verification of accuracy may take the form of a ''Report of Test for Weights and Measures Standards'' or a similar document.
§ 6.4. Registration procedure.
(a) Filing of registration form required. An individual person who is employed or engaged in the business of selling, installing, servicing or repairing commercially used weighing or measuring devices shall submit a complete registration form to the Department, unless the commercially used weighing and measuring device being sold, installed, serviced or repaired is a UPC scanning system, a PLU device or a component of either system or device.
(b) Registration form. An individual person seeking to register with the Department under this chapter may obtain a registration form from the Department at the address in § 2.2 (relating to contacting the Department). The prospective registrant shall complete the form and return it to that same address. The registration form shall require the following information:
(1) The name and mailing address of the person seeking to register with the Department.
(2) A designation of whether the person seeking to register with the Department is a seller, installer, servicer or repairer of commercially used weighing and measuring devices.
(3) The name and address of any business through which the person seeking to register with the Department is employed as a seller, installer, servicer or repairer of commercially used weighing or measuring devices.
(4) A designation of the category or type of weighing or measuring device sold, installed, serviced or repaired by the person seeking to register with the Department.
(5) If the person seeking to register with the Department is an installer, servicer or repairer of commercially used weighing or measuring devices, a copy of the current verification from the State Metrology Laboratory that the field standards used by that person are accurate.
(6) Two identical 1-inch square color photographs (front facial view) of the person seeking a certificate.
(7) The date of the application.
(8) The signature of the person seeking to register with the Department.
(9) Other information the Department might reasonably require for registration.
(c) Departmental action on registration form. The Department will, within 30 days of receiving a complete registration form, mail the person who filed the registration form a registration card. If the registration form is incomplete, illegible or otherwise deficient, the Department will notify the person who filed the registration form, in writing, of the problem and the action required to resolve it. If the Department notifies a person who filed a registration form of some deficiency, its review and consideration of the registration form will cease until the deficiency is corrected, at which time the 30-day review period shall begin again.
§ 6.5. Registration card.
(a) Form of registration card. The Department will provide a registrant under this chapter a registration card that may be carried conveniently on a registrant's person.
(b) Contents of registration card. A registration card 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 registered.
(3) The effective date of registration.
(4) The maximum expiration date of the registration, which, in accordance with § 6.6 (relating to expiration/renewal of registration), is 3 years from the date of registration.
(5) A unique identification number.
(6) A photograph of the person to whom it is issued.
(7) A statement that the person identified on the registration card has registered with the Department in accordance with section 4113 of the act (relating to registration of sellers, installers and repairers of weighing and measuring devices).
(8) Other information the Department might reasonably include on the registration card.
(c) Ownership of registration card. A registration card issued by the Department will remain the property of the Department. A registrant or other person having physical possession of the registration card shall, upon written notice from the Department, surrender and return the registration card to the Department.
(d) Obligation to produce registration card for inspection. A registrant under this chapter shall possess the registration card whenever selling, installing, servicing or repairing a commercially used weighing or measuring device.
§ 6.6. Newly-installed or repaired commercial weighing and measuring devices.
(a) Inspection required. A newly-installed or repaired commercial weighing or measuring device, other than a UPC scanning system or PLU device, may not be used in commerce unless it has been inspected and sealed in accordance with the act and this part, or unless use in commerce occurs during a period of conditional short-term use as described in subsection (d).
(b) Responsibilities of installer or repairer. A registrant under this chapter shall promptly notify the Department of a commercial weighing or measuring device it installs or repairs. Although the initial notification may be made by telephone, written notice shall be mailed, faxed or delivered to the Department within 48 hours of the installation or repair. The written notice shall provide the following with respect to the device:
(1) The location of the newly-installed or repaired device, the date of the installation or repair and a statement of whether the device is a newly-installed device or a repaired device.
(2) The manufacturer's name or brand name.
(3) The model number listed on the device.
(4) The capacity of the device, if applicable.
(5) The serial number of the device.
(6) The category or type of weighing or measuring device to which the newly-installed or repaired device belongs.
(7) The name and telephone number of a contact person through which the Department, a county sealer or a city sealer may arrange an inspection of the device.
(c) Responsibilities of inspector.
(1) State inspectors. If the Department has not delegated inspection responsibility to a county sealer or city sealer, it will inspect the newly-installed or repaired weighing or measuring device at the earliest date practicable, but within 15 days of the installation or repair, and affix a seal (as required) if the device meets the requirements of the act and this part.
(2) County sealers and city sealers. If the Department has delegated this inspection responsibility to a county sealer or city sealer, it will promptly notify the sealer of the installation or repair and the sealer shall inspect the newly-installed or repaired weighing or measuring device at the earliest date practicable, but within 15 days of the installation or repair, and affix a seal (as required) if the device meets the requirements of the act and this part.
(d) Conditional short-term use. If the installer has fulfilled the responsibilities described in subsection (b), an uninspected, newly-installed or repaired commercial weighing or measuring device may be used in commerce for no more than 15 days from the date of installation or repair. If, for any reason, the inspection referenced in subsection (c) is not accomplished during this 15-day period of conditional short-term use, the device will be removed from commercial use until the inspection is completed and the Department is notified of the completed inspection.
§ 6.7. Expiration/renewal of registration.
If a person is registered under this chapter, registration shall expire 3 years from the date the registration card is issued. If, as a condition of registration in accordance with § 6.4(b)(5) (relating to registration procedure), the registrant was required to submit a copy of the current verification from the State Metrology Laboratory that the field standards used by that person are accurate, registration shall expire as of the expiration of that verification. Registration may be renewed by following the registration procedure in § 6.4 (relating to registration procedure).
CHAPTER 7. REGISTRATION AND REPORT OF INSPECTION OF COMMERCIAL WEIGHING AND MEASURING DEVICES Sec.
7.1. Purpose. 7.2. Weighing and measuring devices affected. 7.3. Requirement: registration of devices by owners. 7.4. Report by inspectors. 7.5. Registration process. § 7.1. Purpose.
This chapter is intended to establish the program described in section 4114 of the act (relating to registration and report of inspection and testing of weighing and measuring devices used for commercial purposes), requiring the registration and reporting of inspection and testing of those commercially used weighing and measuring devices required to be tested and inspected in accordance with section 4112 of the act (relating to general testing and inspections).
§ 7.2. Weighing and measuring devices affected.
This chapter applies to the following:
(1) Weights and measures used 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.
(2) Weights and measures used in computing the basic charge for services rendered on the basis of weight, measure or count or of devices used to dispense services on time.
(3) 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.
(4) Commercially used UPC scanning systems and PLU devices.
§ 7.3. Requirement: registration of devices by owners.
(a) Owners required to register. The owner of any weighing or measuring device described in § 7.2 (relating to weighing and measuring devices affected) shall register the device with the Department in accordance with the procedure in § 7.5 (relating to registration process).
(b) Exception: certain establishments engaged in the retail sale of gasoline. Subsection (a) notwithstanding, an establishment involved in the retail sale of gasoline for use in the fuel supply tanks of motor vehicles, which is required to obtain an annual liquid fuels permit from the Department of Revenue in accordance with 75 Pa.C.S. Chapter 90 (relating to Liquid Fuels and Fuels Tax Act), shall be exempt from the registration requirement.
(c) Owners required to report registered devices that are subsequently removed from commercial use: exception. The owner of a weighing and measuring device registered with the Department in accordance with this chapter shall report the removal of that device from commercial use within 30 days of the removal.
(1) The report shall be in writing, and shall clearly identify the device and the location with respect to which it was registered.
(2) The report shall be directed to the Department, at the address in § 2.2 (relating to contacting the Department).
§ 7.4. Report by inspectors.
(a) City or county sealer. A city or county sealer who tests or inspects a weight or measure described in § 7.2(1) or (2) (relating to weighing and measuring devices affected), in accordance with section 4112 of the act (relating to general testing and inspections), and under a memorandum of understanding with the Department, shall submit a monthly written report to the Department. This written report shall be submitted to the Department by the 15th day of each month, and shall describe the following with respect to work performed in the preceding month:
(1) A summary of the work performed.
(2) A description of the weights, measures and weighing and measuring devices inspected or tested, the date of the inspection or test and the results of the inspection or test.
(3) A description of the nature and result of all criminal prosecutions of violations of the act or this chapter.
(b) CEWM. A CEWM who tests and inspects a weighing or measuring device described in § 7.2(3) in accordance with section 4112(b) of the act shall report the inspection to the Department set forth in § 4.13 (relating to reporting procedures for certified examiners of weights and measures).
(c) Certified UPC/PLU inspector. A certified UPC/PLU inspector who tests and inspects a UPC scanning system or PLU device described in § 7.2(4) in accordance with section 4112(c) of the act shall report the inspection to the Department in the manner in § 5.12 (relating to inspections: reporting procedures).
§ 7.5. Registration process.
(a) Persons required to register commercialy used weighing and measuring devices. The owner of a weighing or measuring device described in § 7.2 (relating to weighing and measuring devices effected) shall register the device with the Department in accordance with the procedure in this section.
(b) Obtaining a registration form. The Department will provide an approved weighing or measuring device registration form upon request. The form will be formatted so that multiple devices can be registered using a single form. In lieu of the form provided by the Department, a person may use a form of his own construction, as long as the information in subsection (c) appears in a legible and understandable fashion on the document.
(c) Required information.
(1) Information to be included. A weighing or measuring device registration form shall require the following information:
(i) The name and address of the person registering the device.
(ii) The location of the device.
(iii) The manufacturer's name or brand name.
(iv) The model number listed on the device.
(v) The capacity of the device, if applicable.
(vi) The serial number of the device.
(vii) The category or type of weighing or measuring device to which the newly-installed device belongs.
(2) Exception. If the weighing or measuring device being registered is a UPC scanning system or PLU device, the registrant may provide the information required under paragraph (1)(i) and (ii), and provide a general description of the various components of the system or device rather than the information required under paragraph (1)(iii)--(vii).
(d) Time for filing the form.
(1) General. A person required to file a registration form shall do so within 30 days of the installation of a weighing or measuring device with respect to which registration is required, unless the registrant belongs within one of the categories of registrant described in paragraph (2), (3) or (4).
(2) Food establishments. A food establishment shall register its weighing and measuring devices at the same time it submits its annual registration to the Department under the Food Act.
(3) Public eating and drinking places. A public eating and drinking place shall register its weighing and measuring devices at the time it submits its annual license fee under the Public Eating and Drinking Place Law.
(4) Commercial feed facilities. A commercial feed facility shall register its weighing and measuring devices at the time it submits its annual license fee under 3 Pa.C.S. § 5103 (relating to licensing).
(e) Action by Department. The Department will review each registration form it receives under this chapter and, within 30 days of receiving the form, mail the registrant a registration document or a written request for clarification of inaccurate or illegible material on the form. If the Department requests additional clarification, its review and consideration of the registration form will cease until the requested clarification is received, at which time the 30-day review period shall begin again.
(f) Registration document. The registration document shall be in the form of a letter from the Director appended to a copy of the registration form. Registration shall remain valid until the registered device is moved to a new location.
CHAPTER 8. TRAINING PROGRAM FOR INSPECTORS AND SEALERS Sec.
8.1. Purpose. 8.2. General adoption of NIST training program. 8.3. Training and certification with respect to individual types of weighing and measuring devices. 8.4. Prior training. 8.5. Supplemental or refresher training. § 8.1. Purpose.
This chapter is intended to establish the minimum training requirements for State inspectors, county sealers and city sealers, under section 4115 of the act (relating to training program).
§ 8.2. General adoption of NIST training program.
(a) General. The training program prescribed by NIST for inspectors and sealers of weights and measures is adopted as the minimum training requirement for State inspectors, county sealers and city sealers under the act and this title.
(b) NIST training course 102. As of January 1, 2000, a State inspector, county sealer or city sealer shall successfully complete NIST training course 102, entitled ''Introduction to Handbook 44,'' or a successor course thereto, to meet the minimum training requirements of the act and this chapter.
§ 8.3. Training and certification with respect to individual types of weighing and measuring devices.
An inspector or sealer shall successfully complete applicable NIST training with respect to each type of weighing or measuring device he seeks to test or inspect under authority of the act. In addition to the general training described in § 8.2 (relating to general adoption of NIST training program), the following training or certification, or both, is required of persons who inspect or test particular types of weighing or measuring devices:
(1) UPC scanning systems and PLU devices. A State inspector, county sealer or city sealer shall be a certified UPC/PLU inspector, as described in Chapter 5 (relating to UPC scanning systems and PLU devices), as a prerequisite to inspecting UPC scanning systems or PLU devices for purposes of the act.
(2) Types of weights and measures referenced in § 4.4. A State inspector, county sealer or city sealer shall successfully complete the applicable training course indicated on the current list of NIST training courses in § 4.6 (relating to training courses) as a prerequisite to inspecting or testing any of the categories and types of weighing and measuring devices in § 4.4 (relating to categories and types of weighing and measuring devices) for purposes of the act.
(3) Other weights and measures with respect to which NIST training courses exist. If there exists a NIST training course applicable to a specific category or type of weighing and measuring device not described in paragraph (1) or (2), a State inspector, county sealer or city sealer shall successfully complete that training course as a prerequisite to inspecting or testing that category or type of device for purposes of the act.
§ 8.4. Prior training.
A State inspector, county sealer or city sealer who has successfully completed a NIST training course prior to May 8, 1999, and who has continued to work as a State inspector, county sealer or city sealer since completing the course, and who provides the Department a copy of the applicable course completion certificate or other documentation evidencing completion of the course, shall be deemed to have met the minimum training requirements of this chapter with respect to any category or type of weighing and measuring device addressed in that NIST training course. The Department will mail the inspector or sealer written confirmation that the sealer or inspector is deemed to have met these requirements within 10 days of receiving the referenced certificate or documentation.
§ 8.5. Supplemental or refresher training.
The Department may develop supplemental training courses or refresher courses for State inspectors, county sealers or city sealers. The Department may require the successful completion of a course by a State inspector, county sealer or city sealer by providing the inspector or sealer written notice of this requirement. The Department will afford an inspector or sealer at least 6 months within which to complete the training course or refresher course, and will schedule a sufficient number of course sessions to allow all inspectors and sealers to attend.
CHAPTER 9. WEIGHMASTERS
GENERAL Sec.
9.1. Purpose. 9.2. Definitions. 9.3. License required. 9.4. Qualifications. 9.5. Application for a public weighmaster's license. 9.6. Term of license; subsequent licenses. 9.7. Format of a public weighmaster's license. 9.8. Display of license required. 9.9. Commodities sold by weight. 9.10. Weighmaster's certificate. 9.11. Issuing a public weighmaster's certificate. 9.12. Retention and inspection of certificates.
SOLID FUEL
9.21. Weighmaster's certificate required. 9.22. Sales by employer-producer to employes. 9.23. Certificate affecting weighing requirements. 9.24. Limitations of certificate for anthracite. 9.25. Responsibilities of weighmasters. 9.26. Certificate of special transportation. 9.27. Issuance of weighmaster certificates with respect to mine track scales and tipple scales. 9.28. Reweighing and issuance of certificates. 9.29. Reciprocity with New York.
GENERAL § 9.1. Purpose.
This chapter is intended to establish terms, conditions and procedures applicable to the licensure and performance of licensed public weighmasters in accordance with Subchapter C of the act (relating to public weighmasters).
§ 9.2. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Gross weight--Total weight of vehicle and load.
Net weight--Gross weight less tare weight.
Public weighing--The weighing of a commodity for a commercial purpose.
Tare weight--The actual weight of only the vehicle.
Weighmaster's certificate--A document in the format in § 9.11 (relating to weighmaster's certificate), evidencing that the issuer is licensed by the Department in accordance with section 4151 of the act (relating to licenses), has weighed the material described in that document on an approved scale which has been tested for accuracy, and has complied with relevant provisions of this chapter.
§ 9.3. License required.
A person may not assume the title ''licensed public weighmaster'' or any title of similar import, perform the duties or acts to be performed by a licensed public weighmaster under the act or this chapter, hold himself out as a licensed public weighmaster, issue a weighmaster's certificate, ticket memorandum or statement or engage in the full-time or part-time business of public weighing unless the person holds a valid license as a licensed public weighmaster.
§ 9.4. Qualifications.
A person shall meet the following requirements to be qualified to apply for a public weighmaster's license:
(1) The prospective applicant shall be at least 18 years of age as of the date of application.
(2) The prospective applicant shall own or have use of a type of weighing device approved by the Bureau in accordance with Subchapter D of the act (relating to device type approval) and with Chapter 10 (relating to device type approval) and approved by a weights and measures officer of the Commonwealth for use as of the date of application.
§ 9.5. Application for public weighmaster's license.
(a) Obtaining an application form. The Department will provide a person an application form for a public weighmaster's license upon request. Requests should be directed to the Department at the address in § 2.2 (relating to contacting the Department).
(b) Requirements of the form. The application form for a public weighmaster's license shall require the following information of the applicant:
(1) The name and address of the business for which the licensed public weighmaster would be conducting weighing.
(2) The name, address and age of the applicant.
(3) The location of the scales where weighing would be conducted by the licensed public weighmaster.
(4) Verification that the scales referenced in paragraph (3) have been inspected and approved by a State inspector, county sealer or city sealer in accordance with the act and this part.
(c) License fee. The fee for a public weighmaster's license is $60. This fee shall be by check or money order made payable to the ''Commonwealth of Pa.''
(d) Submitting the application and fee. An applicant for a public weighmaster's license shall submit a completed application form and the license fee to the Department at the address in § 2.2 (relating to contacting the Department).
(e) Departmental action on application. The Department will, within 30 days of receiving a completed application form and the correct license fee, do one of the following:
(1) Mail the applicant a public weighmaster's license.
(2) If the application form is incomplete, illegible or otherwise deficient, the Department will mail the applicant written notice of the problem and the action required to resolve it. If the Department notifies an applicant of a deficiency, its review and consideration of the application will cease until the deficiency is corrected, at which time the 30-day review period will begin again.
(3) Refer the application to a county or city inspector of weights and measures for a report to be delivered to the Department within 30 days of receipt of the referral as to the accuracy of the statements made on the application, the suitability of the scales to be used by the applicant and other information the Department might reasonably require, mail the applicant written notice of this referral and advise the applicant that the Department will complete its review of the application within 30 days of receiving the report from the entity to whom the application was referred.
§ 9.6. Term of license; subsequent licenses.
(a) Term. A public weighmaster's license is valid for 2 years from the date it is issued.
(b) Subsequent licenses. A licensed public weighmaster shall follow the application process described in § 9.5 (relating to application for public weighmaster's license) to acquire a new license. To avoid a lapse in licensure, a licensed public weighmaster is encouraged to apply for a new license at least 60 days in advance of the expiration of the current license.
(c) Change of status. If there is a change to a name or address provided the Department on the public weighmaster's license application, the licensed public weighmaster shall notify the Department of this change within 48 hours of its occurrence. Although this notification may be made by a telephone to meet this 48 hour deadline, the licensed public weighmaster shall subsequently mail or deliver written notice of this change to the Department within 7 days of its occurrence.
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