Subchapter F. MANUFACTURING STANDARDS
PULL-TAB MANUFACTURING STANDARDS Sec.
901.601. Uniform minimum quality standards.
901.602. Flares.
901.603. Minimum percentages for prizes.
901.604. Rule compliance.
901.605. Deal in multiple packages.
901.606. Sales promotions.
901.607. One flare per deal.
901.608. Standards for flares.
901.609. Name or logo imprinting.
PUNCHBOARD MANUFACTURING STANDARDS
901.621. Flares.
901.622. Standards for construction.
901.623. Punchboard restrictions.
901.624. Minimum percentages for prizes.
901.625. Rule compliance.
901.626. One flare per punchboard.
901.627. Standards for flares.
901.628. Name or logo imprinting.
GENERAL MANUFACTURING STANDARDS
901.631. Subcontracting and manufacturer responsibility.
901.632. Predetermination of rules, winning chances and prizes.
901.633. Prohibition against participant control of winning chances or prizes.
PULL-TAB MANUFACTURING STANDARDS
§ 901.601. Uniform minimum quality standards.
(a) Standards. Pull-tab games manufactured for sale or other distribution in this Commonwealth shall conform to the act, this part and NAGRA’s manufacturing standards for pull-tab games, as amended, to the extent consistent with this part. Copies of NAGRA standards are available from the Department.
(b) Packaging. Packaging shall also be in conformity with NAGRA criteria. Copies of these criteria are available from the Department.
(c) Randomization.
(1) Pull-tabs in a deal must be distributed and mixed among all other pull-tabs in a deal so as to eliminate any pattern in the location of winning and losing pull-tabs in a deal or between deals.
(2) A deal may not be segregated into sub-deals or portions so that a part of a deal may be distinguished or played separately from the rest of the deal.
Source The provisions of this § 901.601 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265905).
§ 901.602. Flares.
A flare provided by the manufacturer must accompany every deal. However, a licensed eligible organization may alter a flare as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation).
Source The provisions of this § 901.602 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265906).
Cross References This section cited in 61 Pa. Code § 901.608 (relating to standards for flares).
§ 901.603. Minimum percentages for prizes.
A distributor or manufacturer of pull-tabs may not sell or otherwise provide to a person in this Commonwealth or for use in this Commonwealth a pull-tab deal that does not contain the following minimum percentage in prizes:
(1) At least 65% of the maximum potential gross receipts from the sale of plays shall be payable as prizes in cash or merchandise. For the purpose of determining the percentage of prizes offered on a pull-tab deal under this section, total merchandise prizes shall be the cash value of the merchandise.
(2) Single cash prizes on pull-tabs may not exceed:
(i) Five hundred dollars in cash.
(ii) A merchandise prize, or combination merchandise prize, which has a market value of no more than $500.
(3) Multiple winners on an individual pull-tab may not exceed the single cash or merchandise prize limit in paragraph (2).
§ 901.604. Rule compliance.
A distributor or manufacturer or representative thereof, with knowledge or if he reasonably should have known, may not possess, display, put out for play, sell or otherwise furnish to a person in this Commonwealth a pull-tab deal or pull-tab from any deal that does not comply with this part.
§ 901.605. Deal in multiple packages.
(a) When the deal is packaged in more than one container, the entire deal of individual pull-tabs shall be mixed so that no person is able to determine the position or approximate location of one or more of the winning pull-tabs or determine whether a package or portion of a deal contains a larger or smaller percentage of winning pull-tabs than the balance of the deal.
(b) The containers may not be numbered as to distinguish one from the other.
(c) A pull-tab deal shall contain a packing slip placed inside the package containing the name of the manufacturer, series number, date the deal was packaged and the name or identification of the person who packaged the deal. This information may be printed on the back of the flare or the outside of at least one of the containers in which the pull-tabs are packed.
§ 901.606. Sales promotions.
A manufacturer or distributor or representative thereof may not use as a sales promotion a statement, demonstration or implication that a certain portion of a pull-tab deal contains more winners than other portions of the deal or that a pull-tab deal may be sold by the operator in a particular manner that may give the operator an advantage in selling more of the pull-tabs before having to pay out winners.
§ 901.607. One flare per deal.
A person may not place or have out in public view more than one flare identifying the prizes available from the operation of a pull-tab deal.
§ 901.608. Standards for flares.
(a) A pull-tab game flare must be made only by the manufacturer. Except as provided by § 901.731(b)(2) (relating to punchboard and pull-tab operation), a flare may not be altered after it leaves the manufacturer’s possession and control.
(b) Except as otherwise provided in this part, a flare for a pull-tab game must comply with NAGRA manufacturing standards for pull-tab game flares.
(c) A pull-tab game flare must:
(1) Be placed only upon the face, or on the top, of a dispenser used to dispense the pull-tabs.
(2) Clearly set out each of the prizes available and the number or symbol that wins each prize.
(3) Set out the winning numbers or symbols for prizes of $5 or more in cash or merchandise with a cash value of $5 or more.
(d) The flare for any pull-tab game containing hold tickets must provide for a section on the flare, either on the front or back, that contains the hold ticket numbers or symbols and a corresponding space beside each number or symbol upon which the holder of each hold ticket shall sign his name.
(e) A seal card may serve as a pull-tab game flare if it meets all the requirements of a flare.
Source The provisions of this § 901.608 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265907).
Cross References This section cited in 61 Pa. Code § 901.1 (relating to definitions).
§ 901.609. Name or logo imprinting.
The manufacturer’s name or logo shall be placed on pull-tabs produced by the manufacturer.
PUNCHBOARD MANUFACTURING STANDARDS
§ 901.621. Flares.
A flare provided by the manufacturer must accompany every punchboard. However, a licensed eligible organization may alter a flare as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation).
Source The provisions of this § 901.621 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265907).
§ 901.622. Standards for construction.
Punchboards sold for use in this Commonwealth must be in compliance with the following standards:
(1) General.
(i) A punchboard must have a face sheet that covers the punchboard receptacles.
(ii) The flare for the punchboard may be manufactured to serve as the face sheet for the punchboard.
(iii) A punchboard, its punches and its flare must be assigned an identical serial number.
(iv) Each punchboard receptacle must contain an identical number of punches.
(2) Patterns. The punchboard must be manufactured with special care to eliminate patterns between punchboards, or portions of punchboards, from which the location or approximate location of winning punches may be determined. A manufacturer shall employ at least the following steps to ensure that no pattern exists:
(i) The form or permanent number sheets from which the individual punches shall be cut must be mixed prior to cutting.
(ii) After the punches have been crimped, the punches must be thoroughly mixed prior to insertion in punchboards.
(iii) When filling punchboards, workers may not alter the procedures for filling sets of punchboards.
(iv) No more than eight punchboards from one set of boards may be included in a case of punchboards for shipment to this Commonwealth.
(3) Serial numbers. Serial numbers set forth on the form or permanent number sheets shall be nonsequential to ensure that no pattern is created which would permit the tracking of boards through the serial number.
(4) Guaranteed numbers. Numbers or symbols designated as winners on the flare shall be guaranteed by the manufacturer as being present in the board. The manufacturer may place a sticker or equivalent on the back of each punchboard setting forth additional numbers or symbols that are guaranteed to be in the board. The additional numbers of symbols on the back of the board may not exceed 5% of the total punches in the board.
(5) Security. Punchboards must be sealed so it is impossible to determine the number or symbol of a punch prior to being punched out of the board by a method or device including the use of markings or light.
(6) Step-up boards.
(i) Cards, straws or punches that contain the winners in the step-up portion of a punchboard must be completely sealed to prevent premature winner identification. The items must be thoroughly mixed to ensure that no pattern of winners exists.
(ii) Step-up boards that contain winners covered by seals must have at least 25 different face sheets for use on that specific step-up board. Face sheets shall be utilized in a manner to ensure random distribution during the manufacturing process.
Source The provisions of this § 901.622 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial pages (265907) to (265908).
§ 901.623. Punchboard restrictions.
A manufacturer or distributor may not sell or furnish to a person, a punchboard:
(1) To which a key to a winning number or symbol exists other than a key which is furnished to the operator designating the color codes for the chances on that board without regard to whether or not the chances are designated winners.
(2) Which has taped sides, corners or edges.
(3) On which the winning punches or approximate location of a winning punch can be determined in advance of punching the punchboard in a manner or by a device, including any patterns in manufacture, assembly, packaging or programming. Winning punches shall be distributed and mixed among all other punches in the punchboard.
§ 901.624. Minimum percentages for prizes.
A distributor or manufacturer of punchboards may not sell or otherwise provide to a person in this Commonwealth or for use in this Commonwealth a punchboard that does not contain the following minimum prizes:
(1) At least 60% of the maximum potential gross receipts from the sale of plays on each punchboard placed out for play shall be payable as prizes in cash or merchandise. For the purposes of determining the percentage of prizes offered on a punchboard under this section, total merchandise prizes shall be the cash value of the merchandise.
(2) Single cash prizes on punchboards may not exceed:
(i) Five hundred dollars in cash.
(ii) A merchandise prize or combination merchandise prize, which has a cash value of more than $500.
(3) Multiple winners on an individual punch may not exceed the single cash or merchandise prize limit in paragraph (2).
§ 901.625. Rule compliance.
A distributor or manufacturer or representative thereof, with knowledge or if he reasonably should have known, may not possess, display, put out for play, sell or otherwise furnish to a person in this Commonwealth a punchboard that does not comply with this part.
§ 901.626. One flare per punchboard.
A person may not place or have out in public view more than one flare advertising the prizes available from the operation of a punchboard.
§ 901.627. Standards for flares.
(a) A punchboard flare must be made only by the manufacturer. Except as provided by § 901.731(b)(2) (relating to punchboard and pull-tab operation), a flare may not be altered after it leaves the manufacturer’s possession and control.
(b) A punchboard flare must:
(1) Be placed only upon the face or on the top of a punchboard.
(2) Clearly set out each of the prizes available and the number or symbol that wins each prize.
(3) Set out the winning numbers or symbols for prizes of $5 or more in cash or merchandise worth $5 or more at retail so that each prize is won and awarded.
(c) The flare for any punchboard containing hold tickets must provide for a section on the flare, either on the front or back, that contains the hold ticket numbers or symbols and a corresponding space beside each number or symbol upon which the holder of each hold ticket shall sign his name.
(d) A seal card may serve as a punchboard flare if it meets all the requirements of a flare.
Source The provisions of this § 901.627 amended August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475. Immediately preceding text appears at serial page (265909).
Cross References This section cited in 61 Pa. Code § 901.1 (relating to definitions).
§ 901.628. Name or logo imprinting.
The manufacturer’s name or logo shall be placed on punchboards produced by the manufacturer.
GENERAL MANUFACTURING STANDARDS
§ 901.631. Subcontracting and manufacturer responsibility.
(a) A registered manufacturer may subcontract for the manufacturer or production of the parts, pieces, accessories and other items that make up a completed game of chance.
(b) A subcontractor who only manufacturers or produces parts, pieces, accessories and other items used to manufacturer a completed game of chance is not required to be registered with the Department.
(c) A registered manufacturer that assembles and markets a completed game of chance is responsible for complying with the provisions and requirements of this part to sell the game of chance for use in this Commonwealth.
Source The provisions of this § 901.631 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.
§ 901.632. Predetermination of rules, winning chances and prizes.
Except as provided in § 901.731(b)(2) (relating to punchboard and pull-tab operation), a manufacturer of a pull-tab game or punchboard shall predetermine the rules, prize structure, prizes, prize values, winning pull-tabs or punches and the corresponding prize for each pull-tab or punch during the manufacturing of the pull-tab game or punchboard. A person may not alter a pull-tab game or punchboard manufactured by a registered manufacturer and offered for sale and use within this Commonwealth.
Source The provisions of this § 901.632 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.
§ 901.633. Prohibition against participant control of winning chances or prizes.
A game of chance may not be manufactured for sale and use in this Commonwealth in which a participant who purchases a chance in the game can control, effect or choose the winning chance or chances or the corresponding prize or prizes.
Source The provisions of this § 901.633 adopted August 11, 2006, effective August 12, 2006, 36 Pa.B. 4475.
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