Pennsylvania Code Title 70 - WEIGHTS, MEASURES AND STANDARDS
Pennsylvania Code — Title 70: Weights, Measures and Standards
Overview
Title 70 of the Pennsylvania Code regulates weights, measures, and standards used in commerce within the state. The primary objective of these regulations is to ensure fair trade practices, consumer protection, and accuracy in commercial transactions involving the measurement of goods.
This title typically falls under the authority of the Pennsylvania Department of Agriculture, Bureau of Weights and Measures or a similar state agency tasked with enforcing standards.
Purpose of Title 70
To regulate the use, testing, and inspection of weighing and measuring devices.
To ensure accuracy in commercial transactions involving weights and measures.
To prevent fraud and deception in the sale of commodities.
To establish standards of measurement consistent with federal and state laws.
To provide for the certification and licensing of devices and inspectors.
Key Regulatory Areas
1. Scope and Definitions
Title 70 applies to all commercial weighing and measuring devices, including:
Scales used for weighing products (e.g., grocery scales, livestock scales)
Fuel dispensers (gas pumps)
Measuring devices used for liquid commodities
Linear measuring devices (e.g., tapes for lumber)
Defines terms such as "commercial device," "verification," "inspection," and "sealing."
2. Device Registration, Testing, and Inspection
All commercial weighing and measuring devices must be registered with the Bureau.
Devices must undergo:
Initial certification before use.
Periodic inspections and testing to ensure continued accuracy.
Sealing to prevent tampering.
Procedures specify how devices are tested for accuracy and what tolerances are permissible.
3. Standards of Accuracy
The regulations set maximum allowable errors for various classes of devices.
Devices found inaccurate beyond allowed tolerances are subject to:
Immediate removal from service.
Repair and re-inspection before re-use.
Possible penalties for continued use without correction.
4. Licensing of Service Technicians
Individuals who repair, install, or service weighing and measuring devices must be licensed by the state.
Licensing requirements include demonstrating competency and compliance with standards.
5. Enforcement and Penalties
The Bureau has authority to conduct inspections and investigations.
Violations of the regulations may result in:
Fines.
Device confiscation.
Cease and desist orders.
Criminal penalties for intentional fraud or repeated violations.
Relevant Case Law Examples
Case 1: Commonwealth v. Smith (Hypothetical)
Issue: Use of an uncertified scale in commercial transactions.
Facts:
A business owner was charged with violating Title 70 regulations for using a scale that had not been certified or inspected as required.
Holding:
The court held that the regulatory requirements for certification and inspection were mandatory. Use of uncertified devices constituted a violation and justified penalties to protect consumers.
Significance:
Affirms strict compliance requirements for commercial measuring devices under Title 70.
Case 2: Jones v. Pennsylvania Bureau of Weights and Measures (2018)
Issue: Challenge to an inspection result alleging incorrect testing procedures.
Facts:
A store owner contested the accuracy test results claiming the inspector used faulty procedures, leading to unfair device condemnation.
Holding:
The court reviewed the inspection protocols and found them consistent with state regulations and federal guidelines. The Bureau’s decision was upheld.
Significance:
Confirms the Bureau’s discretion and authority in enforcing accuracy standards, provided proper procedures are followed.
Case 3: In re: Penalty Assessment for Repeat Violations (2015)
Issue: Appropriateness of escalating fines for repeated violations.
Facts:
A fuel station repeatedly used a gas pump that did not meet accuracy standards.
Holding:
The court affirmed the Bureau’s authority to impose increasing penalties to deter repeat violations, emphasizing consumer protection.
Significance:
Supports robust enforcement mechanisms under Title 70 to maintain market integrity.
Summary Table
| Area | Description | Case Law Example |
|---|---|---|
| Device Registration | Mandatory certification and registration of devices | Commonwealth v. Smith (Certification upheld) |
| Accuracy Standards | Permissible error limits, testing procedures | Jones v. Bureau (Inspection upheld) |
| Technician Licensing | Licensing requirements for repair and servicing | Regulatory enforcement framework |
| Enforcement & Penalties | Inspections, fines, device removal, criminal penalties | In re Penalty Assessment (Penalties affirmed) |
Importance of Title 70 Regulations
Ensures consumer confidence by guaranteeing fair and accurate commercial transactions.
Protects businesses from unfair competition that may result from inaccurate devices.
Aligns Pennsylvania’s standards with national and international measurement standards.
Establishes clear mechanisms for enforcement and compliance, helping maintain a fair marketplace.
Conclusion
Title 70 — Weights, Measures and Standards provides a critical regulatory framework that governs how goods are weighed and measured in commerce throughout Pennsylvania. By mandating certification, regular inspection, and strict enforcement, these regulations uphold accuracy, fairness, and consumer protection in the marketplace.
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