Pennsylvania Consolidated Statutes

AGRICULTURE (Title 3)


CHAPTER 41. WEIGHTS AND MEASURES

§ 4134. Meat, poultry and seafood.

Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts) and all seafood, except shellfish offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight. The following may be sold by weight, measure or count:

  1. Items sold for consumption on the premises.
  2. Items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold.
  3. Ready-to-eat chickens and chicken parts cooked on the premises but not packaged in advance of sale.
  4. Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.

§ 4135. Butter, oleomargarine and margarine.

Butter, oleomargarine and margarine shall be offered and exposed for sale and sold by weight and only in units of one-quarter pound, one-half pound or one pound. Butter may be sold in multiples of one pound. Tub butter packaged on the premises where sold and in advance of sale may be sold in random weights.

§ 4136. Fluid dairy products.

(a) Quantities.--All fluid dairy products, including, but not limited to, whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk, shall be packaged for retail sale only in units of one gill, one-half liquid pint, ten fluid ounces, 12 fluid ounces, one liquid pint, one-third liquid quart, one liquid quart, or multiples of one liquid quart, one-half gallon, one gallon or multiples of one gallon.

(b) Small packages.--Packages in units of less than one gill shall be permitted.

(c) Metric.--Metric equivalent packages of fluid dairy products shall only be units of 125 milliliters, 250 milliliters, 500 milliliters, 1 liter or multiples of 1 liter.

§ 4137. Flour, corn meal and hominy grits.

(a) Increments of weight.--When in package form and when packed, kept, offered or exposed for sale or sold, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meal and hominy grits shall be packaged only in units of 3, 5,10, 25, 50 or 100 pounds of avoirdupois weight.

(b) Small packages.--Packages in units of less than three pounds or more than 100 pounds shall be permitted.

§ 4138. Potatoes.

(a) Increments of weight.--All potatoes packed for sale, offered or exposed for sale, in this Commonwealth, shall be packaged in containers of net avoirdupois weights of 3, 5, 10, 15, 20, 25, 50 and 100 pounds and multiples of one hundred pounds. Packages in units of less than three pounds shall be permitted.

(b) Exceptions.--The provisions of this section shall not apply to:

  1. potatoes offered to the consumer at retail from bulk stock;
  2. the sale of potatoes to processors or for export;
  3. the sale of peeled, cut or sliced potatoes, or frozen or dehydrated potatoes, or precooked dehydrated or dried potatoes;
  4. the sale of seed potatoes; or
  5. the sale of sweet potatoes or yams.


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3 Pa.C.S. § 4134-4138 / Judiciary@att.net / last revised April 1999