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COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 99-752d

[29 Pa.B. 2460]

[Continued from previous Web Page]

§ 9.7.  Format of a public weighmaster's license.

   A public weighmaster's license issued by the Department under this subchapter will contain the following:

   (1)  The name of the person to whom it is issued.

   (2)  A unique license number assigned to the public weighmaster.

   (3)  The name and address of the business for which the licensed public weighmaster conducts public weighing.

   (4)  The location of the scales where the licensed public weighmaster conducts public weighing.

   (5)  The date the license was issued.

   (6)  The date the license will expire.

   (7)  Other information the Department deems reasonable for a public weighmaster's license.

§ 9.8.  Display of license required.

   A licensed public weighmaster shall conspicuously display the license, or a photocopy of the license, at the place where the licensed public weighmaster is engaged in weighing.

§ 9.9.  Commodities sold by weight.

   A commodity to be sold by weight in this Commonwealth shall be weighed by a licensed public weighmaster at the time of sale or delivery on scales which meet the following requirements:

   (1)  The scales are suitable for weighing the tare and gross weight of the vehicle or vehicle and trailer transporting the commodity.

   (2)  The scales are located within this Commonwealth.

   (3)  The scales are of a type approved by the Department in accordance with Subchapter D of the act (relating to device type approval) and Chapter 10 (relating to device type approval).

   (4)  The scales measure weights of greater than 1,000 pounds.

§ 9.10.  Weighmaster's certificate.

   (a)  Certificates required. A licensed public weighmaster shall, at the licensed public weighmaster's own expense, have a supply of weighmaster's certificates formatted in accordance with subsection (b). The Bureau will provide a sample weighmaster's certificate upon request.

   (b)  Contents. A weighmaster's certificate shall contain the following information:

   (1)  The kind and size of the commodity.

   (2)  The name and address of the seller.

   (3)  The name and address of the purchaser.

   (4)  The license number of the vehicle and trailer, or other means of ITS permanent identification.

   (5)  The signature and license number of the licensed public weighmaster who weighed the commodity and who issued the weighmaster's certificate.

   (6)  The date and hour when weighed.

   (7)  The gross weight in avoirdupois pounds of the vehicle and the load, the tare weight and net weight of the commodity, and, if the load is divided into lots, the net weight of each lot.

   (8)  A sequential serial number.

   (9)  Other relevant information the licensed public weighmaster deems necessary.

   (c)  Triplicate form. A weighmaster's certificate shall be prepared in triplicate.

   (d)  Distinguishing original from copies. The original weighmaster's certificate shall bear the words ''Customer's Copy,'' and the two copies shall bear the words ''Void--Customer Do Not Accept.''

   (e)  Variations in format and size. The form and size of a weighmaster's certificate may be such as to suit any system or accounting device, as long as the certificate otherwise meets the requirements of this chapter.

§ 9.11.  Issuing a public weighmaster's certificate.

   (a)  General requirement. A licensed public weighmaster shall issue a weighmaster's certificate with respect to any public weighing the licensed public weighmaster conducts.

   (b)  Required weighing device. A licensed public weighmaster shall, when making a public weighing, use a weighing device which is of a type approved by the Department in accordance with Subchapter D of the act (relating to device type approval) and Chapter 10 (relating to device type approval), suitable for the weighing of the amount and kind of commodity to be weighed and which has been tested and approved for use by a weights and measures officer of this Commonwealth preceding the date of the weighing.

   (c)  Order of issuance. A licensed public weighmaster shall issue weighmaster's certificates in consecutive order of the serial numbers affixed thereon.

   (d)  Computer generated, typewritten or indelible pencil. The original weighmaster's certificate shall be computer generated, typewritten or completed with indelible pencil.

   (e)  One licensed public weighmaster per certificate. A public weighmaster's certificate shall be entirely the product of a single licensed public weighmaster. A licensed public weighmaster may not enter a weight value on a weighmaster's certificate unless the public weighmaster has personally determined that weight, and may not make any entry on a weighmaster's certificate of another licensed public weighmaster.

   (f)  Clarity required. A licensed public weighmaster shall issue a complete and accurate weighmaster's certificate that legibly shows what weights were actually determined. If the certificate form provides for the entry of gross, tare and net weights, and the licensed public weighmaster determines fewer than these three weights, the weighmaster shall strike through or otherwise cancel these undetermined weights on the certificate. If weights recorded on a certificate were determined on different dates, the certificate shall clearly report these dates. If the weights recorded on the certificate were determined using different scales, the certificate shall clearly identify these scales.

   (g)  Reweighing solid fuel. A licensed public weighmaster may not reweigh or issue a weighmaster's certificate for solid fuel unless the motor vehicle operator has surrendered the original and all duplicate weighmaster's certificates in his possession pertaining to the solid fuel. The licensed public weighmaster shall attach these certificates to the scale copy of the new weighmaster's certificate. The new certificate shall be retained in a manner that they may be easily reconciled. These provisions notwithstanding, a duplicate copy of the original weighmaster's certificate may be returned to the operator of the vehicle if it is obliterated with a rubber stamp using the following legend:

   This solid fuel has been reweighed and this certificate should not be accepted. Any attempt to use this certificate to deliver solid fuel should be reported to your local or State inspector of weights and measures at once.

   (h)  Distribution of original and copies.

   (1)  The original of a weighmaster's certificate shall be delivered to the purchaser of the commodity specified in the certificate at the time of delivery.

   (2)  One copy of a weighmaster's certificate shall be maintained at the place of weighing for a period of at least 2 years. A copy of a weighmaster's certificate may be retained by the business selling or delivering the commodity.

§ 9.12.  Retention and inspection of certificates.

   A licensed public weighmaster is responsible to retain a copy of each weighmaster's certificate the public weighmaster issues for at least 2 years. These records shall be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.

SOLID FUEL

§ 9.21.  Weighmaster's certificate required.

   (a)  Rule for lots exceeding 100 pounds. A person may not sell, transport over a public highway, deliver or cause to be delivered or start out to deliver a solid fuel in a lot or lots in amounts exceeding 100 pounds unless each lot is in a separate compartment of the vehicle or vehicle and trailer and each lot is accompanied by a weighmaster's certificate.

   (b)  Exceptions. The rule in subsection (a) does not apply to solid fuel when any of the following occur:

   (1)  The weighing takes place at the point of delivery or sale.

   (2)  The producer of the solid fuel furnishes proof, satisfactory to the Department or to an inspector of weights and measures, that the solid fuel being transported comes from the producer's own mine, is the producer's own property and is being transported for purposes other than sale.

   (3)  The sale transaction entails the sale of a boatload or railroad carload of solid fuel delivered directly from the boat or car to a purchaser and accepted as to weight by the purchaser on the bill of lading or other voucher issued by the carrier.

   (c)  Rule for lots of 100 pounds or less. A person may not sell, transport over a public highway, deliver or cause to be delivered or start out to deliver a solid fuel in a lot or lots in amounts of 100 pounds or less unless each lot is in a separate compartment of the vehicle or vehicle and trailer and each lot is accompanied by a weighmaster's certificate. These requirements need not be met if the solid fuel is in closed containers or closed bags and the following information is plainly printed on the container or bag or on a tag securely attached to the container or bag:

   (1)  The net contents of the container or bag (expressed in avoirdupois pounds).

   (2)  The type of solid fuel.

   (3)  The name, address, city, state and zip code of the seller.

§ 9.22.  Sales by employer-producer to employes.

   (a)  Sales generally. If it is specified under a contract, an employer-producer of solid fuel may sell solid fuel at cost, by cubic contents instead of weight, to its employes for their own use and consumption. No solid fuel sold in this way may be transported over a public highway unless the operator of the vehicle possesses a certificate of origin.

   (b)  Obtaining a certificate of origin. The Department will provide a sample copy of a certificate of origin upon request. A sample certificate may be photocopied for use by a producer-employer.

   (c)  Content of certificate of origin. A certificate of origin shall require the following:

   (1)  The name and address of the producer-employer.

   (2)  A description of the type and approximate cubic volume of the solid fuel being transported.

   (3)  The destination of the solid fuel.

   (4)  A statement that the certificate of origin is issued in accordance with section 4168 of the act (relating to sales by employer-producer to employees).

   (5)  The signature of the employer-producer or its agent.

   (d)  Record retention. A copy of a certificate of origin issued under section 4168 of the act shall be retained at the place of production for at least 2 years, and shall, during business hours, be subject to inspection or subpoena for use as evidence by any State, county or city inspector of weights and measures.

§ 9.23.  Certificate affecting weighing requirements.

   (a)  Authorization to haul without weighmaster's certificate.

   (1)  The Department will issue an authorization allowing a person to haul solid fuel on the public highways for a distance of up to 10 miles from the point of origin of the solid fuel without a weighmaster's certificate if all of the following occur:

   (i)  There are no scales at the point of origin of the solid fuel, or the scales are inadequate, inaccurate or otherwise incapable of providing the accurate readings necessary for the production of a weighmaster's certificate.

   (ii)  The solid fuel has been loaded into a vehicle by the producer of the solid fuel.

   (iii)  The sale of the solid fuel has not been consumated and the delivery of the solid fuel to the consumer has not yet begun.

   (iv)  There are adequate scales to weigh the solid fuel within 10 miles of the point of origin of the solid fuel.

   (2)  If the Department issues the authorization described in this subsection, the person to whom it is issued shall haul the solid fuel to the nearest available scale of a licensed public weighmaster, but no more than 10 miles from the point of origin of the solid fuel. At this scale, the weight of the solid fuel shall be determined so that the producer of the solid fuel is able to consumate its sale. The trucker will be furnished with a weighmaster's certificate for the solid fuel before departure of the solid fuel from the scale for delivery to the consumer.

   (b)  Certificate of transport. A conveyor of solid fuel operating under this section shall have in his possession at all times during the period of transport from point of origin to place of weighing and departure for delivery a certificate of transport containing the following information:

   (1)  The date on which the certificate is issued.

   (2)  The time of leaving the mine or breaker.

   (3)  The name of the driver of the transporting vehicle.

   (4)  The license number of the transporting vehicle and trailer.

   (5)  The name of the owner or lessor of the mine or breaker.

   (6)  The location of the mine or breaker.

   (7)  The location of the scale to which solid fuel is being conveyed.

   (c)  Source and disposition of certificate of transport. The certificate of transport shall be furnished by the owner or lessor of the mine or breaker and surrendered to the weighmaster upon issuance of the weighmaster's certificate.

   (d)  Registration. An owner or lessor of mines or breakers operating under this section shall register with the Department by letter to the address in § 2.2 (relating to contacting the Department), and provide a copy of this registration letter to any county sealer or city sealer having enforcement authority with respect to the area from which the solid fuel originates or the scales to which it is to be transported. The registration shall include the name and location of the mines or breakers and the names and locations of the scales to which the owner or lessor proposes to transport solid fuel for the purpose of weighing before starting it out for delivery.

§ 9.24.  Limitations of certificate for anthracite.

   (a)  Certificate of quality required. If solid fuel is transported to a licensed public weighmaster under authority of a certificate of transport as described in § 9.23 (relating to certificate affecting weighing requirements), and the solid fuel is anthracite (excluding barley and smaller sizes), the weighmaster may not weigh the anthracite unless the certificate of transport is accompanied by a certificate of quality. A certificate of quality shall be made out in ink or indelible pencil, in triplicate, with the original bearing the legend ''original'' and the copies bearing the legend ''copy'' in 1 inch letters diagonally across the face. A certificate of quality shall be sufficiently mucilaged at the left end to permit it to be securely attached to the corresponding copies of the certificate of the weighmaster as provided in subsection (b). The format of the certificate of quality shall be as follows:

CERTIFICATE OF QUALITY
PENNSYLVANIA ANTHRACITE STANDARDS LAW

Name of Producer

ADDRESS OF PREPARATION PLANT OR BREAKER

   Weighmaster's Certificate Serial No.  __________

   Quality Certificate Serial No.  __________

   Date  _________________

   Name and Address of Purchaser or Consignee:  __________

   Size of Anthracite  __________

   Model and Registration Number of Transporting Vehicle  __________

      ATTESTED: ''STANDARD ANTHRACITE'' or ''SUBSTANDARD ANTHRACITE''
(State which kind)

   __________
(Name of Shipper)

   By:  __________
(Signature or facsimile signature)
   (Authorized officer, partner or owner)

   (b)  Requirements. The weighmaster may not deliver the weighmaster's certificate to the transporter until the weighmaster has first inserted the serial number of the weighmaster's certificate on copies of the certificate of quality and securely attached the certificate of quality to the appropriately corresponding copies of the weighmaster's certificate, including the scale copy.

§ 9.25.  Responsibilities of weighmasters.

   Weighmasters will be held responsible and their licenses will be subject to revocation for negligence, failure to abide by the requirements of this chapter or failure to reconcile their records.

§ 9.26.  Certificate of special transportation.

   (a)  Requirement. If coal is not offered for sale and it is necessary to transport the coal over the public highway from the point of mining, stripping operation or culm bank to railroad cars, coke ovens, breakers, washery or other form of preparation plants, the operator of the vehicle transporting the coal shall possess a certificate of special transportation, containing the following information, written in ink or indelible pencil:

   (1)  The date and time on which the certificate was issued.

   (2)  The license number of the truck (if a truck is the transport vehicle).

   (3)  The name of the owner or lessor of the mine, stripping operation or culm bank.

   (4)  The destination of the transport vehicle.

   (5)  The purpose for which the coal is being transported: that is, coking, preparation for sale or preparation for transport in railroad cars.

   (b)  Issuance and surrender. The driver of each truck shall possess a new certificate of special transportation each day the driver hauls the coal described in subsection (a).

   (1)  The certificate of special transportation shall be issued to the driver at or before the driver starts out for that day's deliveries.

   (2)  The certificate shall be issued by a responsible employe of the operator of the mine, stripping operation, culm bank from which the coal is to be transported, or by a responsible employe of the preparation plant to which the coal is to be delivered.

   (3)  The driver shall surrender the certificate of special transportation to a responsible person at the point of delivery of the last load of the day.

   (4)  The recipient of the certificate of special transportation shall retain the certificate for at least 90 days.

   (c)  Other requirements. Certificates of special transportation shall be consecutively numbered, made in duplicate and shall be furnished by and at the expense of the operator. The duplicate shall be retained at the point of issuance for 90 days.

§ 9.27.  Issuance of weighmaster certificates with respect to mine track scales and tipple scales.

   Weighmaster certificates, as prescribed by the act, may be issued by licensed weighmasters of mine track scales or tipple scales if there is compliance with the following:

   (1)  The operator of the vehicle shall present to the weighmaster a weighmaster's certificate showing the tare weight prior to loading.

   (2)  The net weight of the solid fuel being loaded in the vehicle shall be determined at the time of loading by determining the gross weight of the loaded mine cars or buggies and deducting the tare weight of the mine cars or buggies.

   (3)  The gross weight shall be determined by adding the tare weight and the net weight.

§ 9.28.  Reweighing and issuance of certificates.

   (a)  Conditions of reweighing. A licensed weighmaster may not reweigh or issue a weighmaster's certificate for solid fuel unless the motor vehicle operator has surrendered the original and duplicate weighmaster's certificates in his possession pertaining to the solid fuel. These certificates shall be attached by the weighmaster to the scale copy of the new weighmaster's certificate. The new weighmaster's certificate shall be issued and maintained in a manner that the new certificate and any prior certificates may be easily reconciled. A duplicate copy may be returned to the operator of vehicle if the duplicate copy of the weighmaster's certificate is obliterated with a rubber stamp using the following legend:

   This solid fuel has been reweighed and this certificate should not be accepted. Any attempt to use this certificate to deliver solid fuel should be reported to your local or State inspector of weights and measures at once.

   (b)  Certain anthracite. In the case of anthracite, except barley and the smaller sizes, before issuing the new certificates, the weighmaster shall accurately and legibly imprint on the original and each copy the complete certificate of quality required by the Anthracite Standards Law (73 P. S. §§ 261--269), as it appears on the surrendered certificates.

   (c)  Consequence of failure to surrender weighmaster certificate. If the operator refuses or fails to surrender the weighmaster certificate, the weighmaster shall refuse to weigh the vehicle.

§ 9.29.  Reciprocity with New York.

   State inspectors, county sealers and city sealers shall accept weight certificates issued by a weighmaster licensed by the State of New York if the following occur:

   (1)  The commodity weighed is solid fuel.

   (2)  The scales upon which the public weighing was performed are located in New York, within 5 miles of the Pennsylvania/New York border.

CHAPTER 10.  DEVICE TYPE APPROVAL

Sec.

10.1.Purpose.
10.2.Prohibition with respect to unapproved devices.
10.3.General standard for approval by Department.
10.4.Basic procedure.
10.5.Meeting the general standard for approval.
10.6.Application and review.
10.7.Certificate of approval.
10.8.Marking of approved devices.
10.9.Specifications, variations and tolerances with respect to device type approval.
10.10.Fees.

§ 10.1.  Purpose.

   This chapter is intended to establish the procedures by which the Department will review and approve or disapprove each type of weighing and measuring device intended for commercial use or in commercial use within this Commonwealth, in accordance with Subchapter D of the act (relating to device type approval) and this chapter.

§ 10.2.  Prohibition with respect to unapproved devices.

   A person may not manufacture, offer or expose for sale or sell or give away for use in trade or commerce any weighing and measuring device of a type not approved in accordance with Subchapter D of the act (relating to device type approval) and this chapter.

§ 10.3.  General standard for approval by the Department.

   The Department will approve a type of weighing and measuring device if the type is so designed and constructed that it conforms to or gives correct results in terms of values derived therefrom, is reasonably permanent in its indication and adjustment and does not facilitate the perpetration of fraud.

§ 10.4.  Basic procedure.

   A person seeking approval of a type of weighing and measuring device shall follow the application procedure in § 10.6 (relating to application and review).

§ 10.5.  Meeting the general standard for approval.

   (a)  Certificate of conformance from NCWM. The Department will approve a type of weighing and measuring device if a certificate of conformance has been issued by the National Type Evaluation Program administered by NCWM with respect to that particular type of weighing and measuring device.

   (b)  Certificate of conformance from NIST. The Department will approve a type of weighing and measuring device if a certificate of conformance has been issued by NIST with respect to that particular type of weighing and measuring device.

   (c)  UPC scanning systems and PLU devices. The Department will approve a type of UPC scanning system or PLU device if the person seeking approval can document to the Department's satisfaction that the type of weighing and measuring device meets the standard in § 10.3 (relating to general standard for approval by the Department).

§ 10.6.  Application and review.

   (a)  Obtaining an application. A person seeking the Department's approval of a particular type of weighing and measuring device shall request an approved application form from the Department. The prospective applicant may contact the Department at the address in § 2.2 (relating to contacting the Department).

   (b)  Contents of application form. The application form shall require the following information:

   (1)  The name and address of the applicant.

   (2)  A detailed description of the type of weighing and measuring device with respect to which approval is sought.

   (3)  A copy of any certificate of conformance issued by the National Type Evaluation Program administered by NCWM with respect to that type.

   (4)  A copy of any certificate of conformance issued by NIST with respect to that type.

   (5)  Other documentation necessary to a reasoned determination by the Department as to whether the type meets the general standard in §§ 10.3 and 10.5 (relating to general standard for approval by the Department; and meeting the general standard for approval). If a certificate of conformance as described in paragraph (3) or (4) is not submitted, a sample of the type--or specifications with respect to the type--shall be submitted as part of the application.

   (6)  Either a precise description of the manner in which devices of the type with respect to which approval is sought are clearly marked for purposes of identification with the name, initials or trademark of the manufacturer and with the manufacturer's designation which positively identifies the pattern or design of the device, or an explanation of the reason it is impracticable to mark the devices as required by this section and a request for a waiver of some or all of these marking requirements under section 4174 of the act (relating to marking of approved weights and measures).

   (7)  Other information the Department might reasonably require in considering approval.

   (c)  Submitting the application. The applicant shall forward the completed application form to the address in § 2.2.

   (d)  Review by Department. The Department will complete its review of an application within 30 days of receiving a complete application form. If the Department requests additional information from an applicant, this 30-day period does not commence until the requested information is received. The Department will approve a type of weighing and measuring device if it meets the standards for approval in §§ 10.3 and 10.5. The Department will mail the applicant either a certificate of approval or a notice of disapproval within that 30-day period. A notice of disapproval will contain an explanation of the basis upon which the decision to disapprove was made, and otherwise meet the requirements of section 4172 of the act (relating to certificates of approval; notice of disapproval; appeals).

   (e)  Review of decision to disapprove a device type. An applicant shall follow the procedure in section 4172 of the act to obtain review of a decision by the Department to disapprove a device type.

§ 10.7.  Certificate of approval.

   (a)  Content of certificate. A certificate of approval issued by the Department under this chapter will contain the following:

   (1)  The name and address of the person to whom it is issued.

   (2)  A description of the type of approved weighing and measuring device.

   (3)  A reference to the requirement that approved weighing and measuring devices be clearly marked for purposes of identification with the name, initials or trademark of the manufacturer and with the manufacturer's designation which positively identifies the pattern or design of the device. This provision does not apply when a waiver is obtained from the Department in accordance with section 4174 of the act (relating to marking of approved weights and measures).

   (4)  The date of issuance of the certificate.

   (5)  Other information deemed relevant by the Department for inclusion in the certificate.

   (b)  Effect of issuance of certificate. The issuance of a certificate of approval by the Department with respect to a type of weighing and measuring device confirms that the type meets the standards for device type approval in Subchapter D of the act (relating to device type approval) and this chapter, and is not a guarantee or verification of the correctness of any individual weight or measure belonging to that type.

§ 10.8.  Marking of approved devices.

   (a)  General. A weighing and measuring device that is of a type approved under Subchapter D of the act (relating to device type approval) and this chapter shall be conspicuously, clearly and permanently marked in accordance with the representations made on the approval application, unless the Department grants an exception in accordance with section 4174 of the act (relating to marking of approved weights and measures).

   (b)  UPC scanning systems and PLU devices. The Department is satisfied it is generally impracticable to mark a UPC scanning system or PLU device as required under section 4174 of the act. The Department will issue a certificate to that effect to any manufacturer applying for the same. A certificate issued under this subsection exempts the system or device described therein from having to be marked as otherwise required under section 4174 of the act.

§ 10.9.  Specifications, variations and tolerances with respect to device type approval.

   (a)  General. The specifications, variations and tolerances recommended by NIST and published in the NIST Handbook 44, and supplements thereto, or in a publication revising or superseding Handbook 44, shall be the specifications, variations and tolerances of the Department with respect to the approval of types of weighing and measuring devices under this chapter.

   (b)  Meeting the standards.

   (1)  If either NIST or NCWM has issued a certificate of conformance with respect to a type of weighing and measuring device, that type shall be deemed to be in compliance with the specifications, variations and tolerances of the Department for device type approval.

   (2)  In determining whether to issue a certificate of approval with respect to a type of UPC scanning system or PLU device, the Department will apply the general standard for approval in §§ 10.3 and 10.5 (relating to general standard for approval by the department; and meeting the general standard for approval).

§ 10.10.  Fees.

   (a)  Fees. The State Metrology Laboratory may charge an applicant a fee for conducting tests that may be required for device type approval under this chapter.

   (b)  Exemption. A city or county which is required to procure standards of weights and measures and additional equipment in accordance with section 4123 of the act (relating to city and county standards and equipment) to enforce the act is exempt from having to pay fees with respect to the calibration, evaluation or other testing of those standards and that equipment.

PART II.  PACKAGING AND LABELING

CHAPTER 21.  GENERAL PROVISIONS

PRELIMINARY PROVISIONS

§ 21.1.  Definitions.

   The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

   Commodity in package form or package--A commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale, exclusive of any auxiliary shipping container containing packages that individually conform to the requirements of the act. An individual item or lot of a commodity not in package form, or which does not meet this definition, but on which there is marked a selling price based on an established price per unit of weight or of measure, shall 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 in connection with personal possessions and which is usually consumed or expended in the course of the consumption or use.

   Label--

   (i)  A written, printed or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on or appearing upon or adjacent to a consumer commodity or a package containing a consumer commodity, for purposes of branding, identifying or giving information with respect to a commodity or to the contents of a package.

   (ii)  The term does not include a tag of an inspector or other nonpromotional matter affixed to or appearing upon a consumer commodity.

   Multiunit package--A package containing two or more individual packages of the same commodity, in the same quantity, with the individual packages intended to be sold as part of the multiunit package but capable of being individually sold in full compliance with this part.

   Nonconsumer package or package of nonconsumer commodity--A commodity in package form other than a consumer package, and particularly a package intended solely for industrial or institutional use or for wholesale distribution only.

   Person--A corporation, partnership and association as well as a natural person.

   Polyethylene sheeting--Rolls, sheets, tarps, drop cloths and other items made from polyethylene, such as an ethylene copolymer consisting of a major proportion of ethylene in combination with a minor proportion of some other monomer or a mixture of polyethylene with a lesser amount of polymers. The sheeting may contain additives or modifiers such as pigments and stabilizers.

   Principal display panel--The part of a label designed to most likely be displayed, presented, shown or examined under normal and customary conditions of display and purchase. Wherever a principal display panel appears more than once on a package, the requirements pertaining to the principal display panel pertain to all the panels.

   Random package--A package that is one of a lot, shipment or delivery of packages of the same consumer commodity with varying weights; that is, packages of the same consumer commodity with no fixed pattern of weight.

§ 21.3.  Adoption of ''Uniform Regulation for the Method of Sale of Commodities.''

   (a)  General. The Department adopts the ''Uniform Regulation for the Method of Sale of Commodities,'' as adopted by NIST in its Handbook 130, and supplements thereto and revisions thereof, as the method of sale of commodities in this Commonwealth.

   (b)  Exception. If any provision of the ''Uniform Regulation for the Method of Sale of Commodities'' contradicts any provision of the act or this title, the provision of the ''Uniform Regulation for the Method of Sale of Commodities'' may not be applied, and the relevant provision of the act or this title shall be applied.

CHAPTER 35.  (Reserved)

§ 35.1.  (Reserved).

§ 35.2.  (Reserved).

§ 35.3.  (Reserved).

CHAPTER 39.  (Reserved)

§§ 39.1--39.20.  (Reserved).

[Pa.B. Doc. No. 99-752. Filed for public inspection May 7, 1999, 9:00 a.m.]



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