Purdon's Statutes Annotated, Title 76, Ch. 6— Weights and Measures; Sale of Commodities, Specific Articles Continued.

of the weight of the entire bundle, and no wood, except for a marking block, shall be used in baling long hay or straw. [1901]

Sec. 363. Same: Offense; penalty.

Any person who shall mark a bale of hay or straw higher than its actual weight, or who shall use more than eight per centum of its weight of wood or other material to hold in bundle, shall be guilty of a misdemeanor, and on conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, in the discretion of the court before whom conviction may be secured. [1901]

Sec. 364. Same: Including matter to increase weight; penalty. Any person or persons within this commonwealth who shall sell or cause to be sold or exchanged, in any manner whatsoever, baled hay, straw or other material of a like nature, by weight, and shall include in the weight of said baled hay, straw or other substance of a similar nature, any concealed or exposed matter for the purpose of increasing the weight, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not exceeding one hundred dollars, and imprisoned not exceeding six months, either or both, at the discretion of the court. [1876]

Sec. 383. Babcock test: Inspection and marking equipment.

Every person, firm, company, association, corporation, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, as determined by the "Babcock test", shall use standard "Babcock" bottles, pipettes, and weights, as defined in section two [Sec. 384] of this act [Secs. 383-387]. All such Babcock test bottles, pipettes, and weights so used, shall have been inspected for accuracy by the Bureau of Standards of Pennsylvania or its proper officer or agent, and shall be legibly and indelibly marked, by the said Bureau of Standards or its inspectors of weights and measures, with the letters "S. G. P." (Standard Glassware Pennsylvania), and no Babcock bottle, pipette, or weight shall be used for such test unless so examined and marked by the said inspectors of weights and measures. It shall be unlawful for any person, persons, firm or company, association, corporation, or any agents, to use any other than standard test bottles, pipettes, and weights, which have been examined and marked as provided in this section, to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Bab cock test. [1919]

1 See Ed. note following Sec. 101, page 846.

Sec. 384. Same: Standard glassware.

The term "Standard Babcock Testing Glassware" shall apply to glassware and weights complying with the following specifications:

(a) Standard Milk Test Bottles.

Graduation. The total per centum graduation shall be eight. The graduated portion of the neck shall have a length of not less than sixtythree and five-tenths millimeters (two and one-half inches). The graduations shall represent whole per centum, five-tenths per centum, and tenths per centum. The tenths per centum graduation shall not be less than three millimeters in length; the five-tenths per centum graduations shall be one millimeter longer than the tenths per centum graduations, projecting one millimeter to the left; the whole per centum graduations shall extend at least one-half way around the neck to the right and projecting two millimeters to the left of the tenths per centum graduations. Each per centum graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per

centum.

Neck. The neck shall be cylindrical, and the cylindrical shape shall extend for at least five millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.

Bulb. The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical, or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirtythree millimeters, and the maximum diameter be tween thirty-five and thirty-seven millimeters.

The charge of the bottle shall be eighteen grams The total height of the bottle shall be between one hundred and fifty and one hundred and sixty five millimeters (five and seven-eighths and six and one-half inches).

(b) Standard Cream Test Bottles.

Three types of bottles shall be accepted as stand ard cream test bottles: a fifty per centum, nin gram, short-neck bottle; a fifty per centum, nin gram, long-neck bottle; and a fifty per centum eighteen gram, long-neck bottle.

Fifty per centum, nine gram, short-neck bottles Graduation. The total per centum graduation shall be fifty. The graduated portion of the nec shall have a length of not less than sixty-three and five-tenths millimeters (two and one-half inches) The graduation shall represent five per centum one per centum, and five-tenths per centum. Th five per centum graduations shall extend at leas half way around the neck to the right. The five tenths per centum graduation shall be at leas

hree millimeters in length, and the one per centum raduations shall have a length intermediate beween the five per centum and the five-tenths per entum graduations. Each five per centum gradution shall be numbered, the number being placed n the left of the scale. The error at any point f the scale shall not exceed five-tenths per centum. Neck. The neck shall be cylindrical, and the ylindrical shape shall extend at least five millieters below the lowest, and five millimeters above he highest graduation mark. The top of the neck hall be flared to a diameter of not less than ten illimeters.

Bulb. The capacity of the bulb up to the juncon of the neck shall not be less than forty-five ubic centimeters. The shape of the bulb may be ither cylindrical, or conical with the smallest iameter at the bottom. If cylindrical, the outside iameter shall be between thirty-four and thirtyx millimeters; if conical, the outside diameter of ne base shall be between thirty-one and thirtyree millimeters, and the maximum diameter beween thirty-five and thirty-seven millimeters. The charge of the bottle shall be nine grams. ll bottles shall bear on top of the neck, above e graduations, in plainly legible characters, a ark defining the weight of the charge to be used ine grams).

The total height of the bottle shall be between ne hundred and fifty and one hundred and sixtyve millimeters (five and seven-eighths and six nd one-half inches), same as standard milk test ottles.

Fifty per centum, nine gram, long-neck bottles: The same specifications in every detail as specied for the fifty per centum, nine gram, short-neck ottle, shall apply for the long-neck bottle, with e exception, however, the total height of this ottle shall be between two hundred and ten and wo hundred and thirty-five millimeters (eight and ne-fourth and eight and seven-eighths inches), nd that the total length of the graduation shall ot be less than one hundred and twenty milli

eters.

Fifty per centum, eighteen gram, long-neck bot

es:

The same specification in every detail as specied for the fifty per centum, nine gram, long-neck ottles, except that the charge of the bottle shall - eighteen grams. All bottles shall bear, on the p of the neck, above the graduation, in plainly gible characters, a mark defining the weight of e charge to be used (eighteen grams). (c) The Standard Babcock Pipette. Total length of pipette, not more than three ndred and thirty millimeters (thirteeen and oneurth inches). Outside diameter of suction tube, x to eight millimeters. Length of suction tube, e hundred and thirty millimeters. Outside dieter of delivery tube, four and five-tenths to

five and five-tenths millimeters. Length of delivery tube, one hundred to one hundred and twenty millimeters. Distance of graduation mark above bulb, fifteen to forty-five millimeters. Nozzle, straight. To contain seventeen and six-tenths cubic centimeters of water at twenty degrees Centigrade in five to eight seconds. Maximum error shall not exceed five-hundredths of a cubic centimeter. (d) Standard Weights.

The standard weights shall be of nine (9) grams and eighteen (18) grams denominations. [1919; last amended 1921.]

Sec. 385. Same: Penalties for violations.

Any person violating any of the provisions of this act [Secs. 383-387] shall be guilty of a misdemeanor, and shall be subject to the same penalties as provided in the act to which this is a supplement.1 [1919]

1 Act of 1911, May 11, P. L. 275; see Secs. 201, 202, 209, pages 849-851.

Sec. 386. Same: Enforcement.

The Bureau of Standards 1 of the State of Pennsylvania, through its inspectors of weights and measures, shall be charged with the enforcement of the provisions of this act. [Secs. 383–387]. [1919] 1 See Ed. note following Sec. 101, page 843.

Sec. 387. Same: Effective date of act.

The provisions of this act [Secs. 383-387] shall take effect January first, one thousand nine hundred and twenty, with the exception that the provisions of section two [Sec. 384], as respects the denominations of the glassware therein specified shall not be held to require the abandonment of the use of other denominations in use at the time of the passage of this act, provided that the said glassware of other than standard denominations shall have been certified, after examination by the proper officer of the Pennsylvania Bureau of Standards, to be correct to their graduations. [1919] 1 See Ed. note following Sec. 101, ,page 843. Sec. 433. Bark: Weight of cord and ton.

From and after the passage of this act [Sec. 433] the standard weight of a cord of hemlock, oak or other bark, when sold by the cord or ton, shall be two thousand pounds for each and every cord, and two thousand pounds for each and every ton. [1891]

Sec. 441. Fruits and vegetables: "Original unbroken standard container" defined.

The terms "original unbroken standard container," as used in this act [Secs. 441-445], shall be construed to mean any barrel, box, basket, bag or similar container approved by any proper Federal agency as a standard container for fruits and vegetables under or in accordance with any act of the Congress of the United States or approved

Purdon's Statutes Annotated, Title 76, Ch. 6Weights and Measures; Sale of Commodities, Specific Articles—Continued.

under or in accordance with the laws of this Commonwealth or under the authority of this act by the Department of Internal Affairs of this Commonwealth, and the contents of which have not been removed or repacked by any person whatever. [1937]

Sec. 442. Same: Marking requirements; sale by weight, when; false weight.

Hereafter it shall be lawful for any person, copartnership, association or corporation to sell or offer for sale at wholesale or retail in this Commonwealth, fruits and vegetables in original unbroken standard containers, as herein defined, but sales in such original unbroken standard containers shall be lawful only if there shall appear thereon a plain and conspicuous statement showing correctly the quantity of fruits and vegetables contained therein in terms of weight, measure or numerical count, and only if the containers shall have been filled or packed in accordance with good commercial practice. If the contents of an original standard container are broken for resale at wholesale or retail, or if fruits and vegetables are sold in any other manner than in original unbroken standard containers, then such sales shall be lawful only if made by weight or numerical count and no other manner whatever. It shall be unlawful for any person, copartnership, association or corporation to sell or offer for sale, at wholesale or retail, any fruits or vegetables the weight of which is less than that represented. [1937; last amended 1947.]

Sec. 443. Same: Variations.

The Department of Internal Affairs shall have power to adopt tolerances allowing reasonable variations of the provisions of this act [Secs. 441-445]. [1937]

Sec. 444. Same: Enforcement.

The Department of Internal Affairs and the county and city inspectors of weights and measures are hereby charged with the enforcement of this act [Secs. 441-445]. [1937]

Sec. 445. Penalties for violations.

Any person, copartnership, association or corporation, or his or its servants, agents or employes who shall violate any of the provisions of this act [Secs. 441-445], shall, upon conviction thereof in a summary proceeding, be sentenced for a first offense to pay a fine of not less than twenty-five dollars or more than fifty dollars and costs of prosecution and in default of the payment of such fine and costs of prosecution, shall be sentenced to imprisonment for not less than ten days or more than

twenty days and for conviction in a summary proceeding for a second offense, shall be sentenced to pay a fine of not less than fifty dollars nor more than one hundred dollars, or, in default of such fine and costs of prosecution, shall be sentenced to imprisonment for not more than forty days; and any person, copartnership, association or corpora tion, or his or its servants, agents or employes, who shall violate any of the provisions of this act for a third or subsequent time, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or to undergo imprisonment for sixty days, or both, at the discretion of the court. [1937; last amended 1949.]

Sec. 448.1. Flour, meals, hominy and grits: Definitions.

(1) The word "flour" as used in this act [Secs. 448.1-448.5] shall mean wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits.

(2) The word "container" as used in this act shall mean any box, bag, bundle, pack, package, jar, can, barrel or any other form of receptacle or

vessel.

(3) The term "person" when used in this act shall be construed to include any individual, partnership, unincorporated association, corporation, association, agent, firm, cooperative society, representative or employe thereof.

(4) The word "department" when used in this act shall mean the Department of Internal Affairs of the Commonwealth. [1945]

Sec. 448.2. Same: Standard weight containers; exceptions.

It shall be unlawful for any person to pack for sale, sell, offer or expose for sale in this State, flour except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50) and one hundred (100) pounds and multiples of one hun dred (100) pounds: Provided, however, That the provisions of this act [Secs. 448.1-448.5] shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commer cial bakers or blenders, or for export in container of more than one hundred (100) pounds, or (c flours, meals, hominy and hominy grits packed in containers, the net contents of which are less than three (3) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945]

Sec. 448.3. Same: Enforcement.

It shall be the duty of the department and the inspectors of weights and measures of the severa counties and cities to enforce the provisions of thi act [Secs. 448.1-448.5]. [1945]

ec. 448.4. Same: Rules and regulations.

The secretary of the department shall have power › adopt and promulgate such rules and regulaons not inconsistent with the provisions of this ct [Secs. 448.1-448.5] as may be deemed necessary › carry into effect the intent and purpose of this ct. [1945]

ec. 448.5. Same: Penalties for violations

Any violation of this act [Secs. 448.1-448.5] hall constitute a misdemeanor, and upon convicon, the offender shall be fined not less than wenty-five dollars ($25), nor more than five hunred dollars ($500) for each offense. [1945]

ec. 451. Non-compliance with regulator's requisitions; sales by false beams, scales, etc.; penalty.

In case any maker, vendor or proprietor of eams, scales, weights or measures, within the city r county of Philadelphia, or county for which a ealer has been appointed, shall neglect or refuse

comply with the requisitions which the regu ator of weights and measures is authorized and irected to make, or shall sell by false beams, cales, weights or measures, such person or persons o offending shall, for each and every offense, foreit and pay the sum of five dollars, which may be ued for, and recovered as debts of the like amount re by law recoverable for the use of the poor of he city, district or township, in which such fine hall have been incurred: [1845]

'urdon's Statutes Annotated, Title 76, Ch. 6— Weights and Measures, Placing Devices in View of Purchasers.

ec. 471. Definitions.

That the word "person" as used in this act [Secs. 71-475] shall mean any individual, firm, partership, unincorporated association, corporation, ssociation or agent, representative or employe ereof.

The word "department" when used in this act hall mean the Department of Internal Affairs.

The word "merchandise" as used in this act hall mean any goods, wares, commodities, mixare or other preparation or thing which may be wfully kept or offered for sale by weight or casurement at a fixed place of business. The words "weighing and measuring devices" all mean any instrument, device or object used or selling or offering for sale merchandise, as aproved by the department under the act [Secs. 01-115, Ti. 76], approved the fifth day of May, ne thousand nine hundred twenty-one (Pamphlet aws, three hundred eighty-nine), entitled, "An et to regulate and control the manufacture, sale, fering for sale, giving away, and use of weights nd measures and of weighing and measuring deces in the Commonwealth of Pennsylvania; proding for the approval and disapproval of such

888243-51-55

weights, measures, and devices by the Bureau of Standards; and prescribing penalties." [1941]

Sec. 472. Method of placing.

Every person selling or offering for sale any merchandise at a fixed place of business shall place weighing and measuring devices in a position that their indicators may be accurately read and the weighing or measuring operation observed by the purchaser, the position of the weighing and measuring device to depend upon the size and character of the indicating elements of the device, which shall be determined by the department and the several county and city inspectors of weights and measures. [1941]

Sec. 473. Enforcement.

It shall be the duty of the department and the inspectors of weights and measures of the several counties and cities to enforce the provisions of this act [Secs. 471-475]. [1941]

Sec. 474. Rules and regulations.

The secretary of the department shall have power to adopt and promulgate such rules and regulations not inconsistent with the provisions of this act [Secs. 471-475] as may be deemed necessary to carry into effect the intent and purpose of this act. [1941]

Sec. 475. Penalties for violations.

Any person violating any of the provisions of this act [Secs. 471-475] shall, upon summary conviction before a magistrate, alderman or justice of the peace, be sentenced for the first offense to pay a fine of not less than ten dollars ($10.00), nor more than twenty-five dollars ($25.00), and costs of prosecution and in default thereof to undergo imprisonment of not less than ten days, nor more than twenty-five days, and for the second offense to pay a fine of not less than twenty-five dollars ($25.00), nor more than fifty dollars ($50.00), and costs of prosecution, and in default thereof to undergo imprisonment of not less than twenty days, nor more than sixty days, and for the third and all subsequent offenses to pay a fine of one hundred dollars ($100.00) and costs of prosecution, and in default thereof to undergo imprisonment of not less than ninety days. All such fines shall be paid over to the treasurer of the respective political subdivisions in which the offense was committed. [1941]

Laws of 1949, Pamphlet Laws No. 330-Weights and Measures, Light Fuel Oils.

Sec. 1. Definitions.

The word "department" as used in this act shall mean the Department of Internal Affairs.

The words "domestic consumers" as used in this act shall mean those in residences, apartment

Laws of 1949, Pamphlet Laws No. 330-Weights and Measures, Light Fuel Oils-Continued. houses, stores, churches, office buildings, and similar edifices, as distinguished from industrial plants.

The words "light fuel oils" as used in this act shall mean 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.

The word "person" as used in this act shall be construed to include any individual, partnership, unincorporated association, corporation, association, agent, firm, representative, or employe thereof. [1949]

Sec. 2. Meter required.

No person shall deliver light fuel oils to any domestic consumer unless the vehicle by which such light fuel oils are delivered is equipped with a meter of a type approved under provisions of the act,1 approved the fifth day of May, one thousand nine hundred twenty-one (Pamphlet Laws 389), as amended, All deliveries of light fuel oil to such consumers shall be made by the use of such a meter. [1949]

1 Secs. 101-115, pages 846-849. Sec. 3. Small deliveries.

Fuel oil deliveries of fifty gallons or less may be delivered without being metered: Provided, That such delivery be made in standard measures of not less than five gallons capacity: And provided further, That only such measures as approved by provisions of the aforesaid act, approved the fifth day of May, one thousand nine hundred twentyone (Pamphlet Laws 389), as amended, be used. [1949]

Sec. 4. Exceptions.

The provisions of this act shall not apply to deliveries of heavy fuel oils nor to deliveries of light fuel oils to industrial plants, nor where either the entire truck tank load of light fuel oil or the entire load of light fuel oil in one compartment of the truck tank is delivered to a single domestic consumer, provided such tank truck is of a type approved under provisions of the aforesaid act, approved the fifth day of May, one thousand nine hundred twenty-one (Pamphlet Laws 389), as amended. [1949]

Sec. 5. Enforcement of act; rules and regulations.

It shall be the duty of the department and the inspectors of weights and measures of the several counties and cities to enforce the provisions of this

act.

The Secretary of Internal Affairs shall have power to adopt and promulgate such rules and regulations not inconsistent with the provisions of this act as may be deemed necessary to carry into effect the intent and purpose of this act. [1949]

Sec. 6. Penalties.

Any person violating any of the provisions of this act shall, upon summary conviction before a magistrate, be sentenced, for the first offense, to pay a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and costs of prosecution, and, in default of payment thereof, shall undergo imprisonment for ten (10) days; and for the second offense, be sentenced to pay a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00) and costs of prosecution, and, in default of payment thereof, shall undergo imprisonment for twenty (20) days: and for the third offense, shall be sentenced to pay a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) and costs of prosecution, and, in defaul of the payment thereof, shall undergo imprison ment for thirty (30) days.

Any person violating any of the provisions o this act for a fourth or subsequent offense shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not les than one hundred dollars ($100.00) nor more tha three hundred dollars ($300.00), or suffer imprison ment for not more than sixty (60) days, or both [1949]

Sec. 7. Effective date.

The provisions of this act shall become effectiv the first day of September, one thousand nin hundred fifty. [1949]

Purdon's Statutes Annotated, Title 53, Ch. 31Cities of the First Class.

Sec. 4191. Water meters: Required installation.

From and after the passage of this act [Se 4191-4194] the municipal authorities of every ci of the first class within this Commonwealth whi now owns and operates or may hereafter acqui or construct and operate its own water works sha have the power to require the owner or owners every separate property supplied from such wa works to install or permit the installation of water-meter or meters upon and for such proper [1925]

Purdon's Statutes Annotated, Title 53, Ch. 33 Special Provisions for Philadelphia.

Sec. 7306. Coal: Alteration of delivery vehicle; pena exception.

Any person who shall change or alter the or capacity of any cart, wagon or other vehi used in delivering anthracite coal in the city Philadelphia, and stamped under the provisions an act to which this is a supplement, with int to defraud by the reducing of such cart, wagon other vehicle to a less capacity than is indicated the stamp thereon, shall be guilty of a mi meanor, and upon conviction thereof shall be c