Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in sections 4102 (relating to definitions) and 4105 (relating to systems of weights and measures) and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.
Any person who shall hinder or obstruct in any way the department, the director or any one of the inspectors or a sealer or deputy sealer in the performance of his official duties shall, upon conviction be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
Any person who shall impersonate in any way the department, the director or any one of the inspectors or a sealer or deputy sealer by the use of his seal or a counterfeit of his seal or in any other manner commits a misdemeanor and, upon conviction, shall be subject to criminal penalties in accordance with section 4191(a) (relating to offenses and penalties).
(a) General Rule.--It shall be unlawful:
- To use or have in possession for the purpose of using for any commercial purpose specified in section 4112, (relating to general testing and inspections), sell, offer or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure.
- To use or have in possession for the purpose of current use for any commercial purpose specified in section 4112 a weight or measure that does not bear a seal or mark such as specified in section 4119 (relating to disposition of correct and incorrect apparatus) unless such weight or measure has been exempted from testing provisions of section 4112 or by regulation of the department issued under the authority of section 4110 (relating to specific powers and duties of department regulations).
- To dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.
- To remove from any weight or measure contrary to law or regulation any tag, seal or mark placed thereon by the appropriate authority.
- To sell, offer or expose for sale less than the represented quantity of any commodity, thing or service, provided, however, that, if a commodity is prepackaged by someone other than the possessor, the possessor shall not be deemed to have made a representation within the purview of this subsection if the representation appears on the label of the prepackaged commodity.
- To take more than the quantity he represents of any commodity, thing or service when, as buyer, he furnishes the weight or measure by means of which the amount of the commodity, thing or service is determined.
- To keep for the purpose of sale, advertise, offer or expose for sale or sell any commodity except commodities prepackaged by someone other than the possessor, or service in a condition or manner contrary to law or regulation.
- To use in retail trade, except in the preparation of packages put up in advance of sale, and of medical prescriptions, a weight or measure that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position which may be reasonably assumed by a customer.
- To violate any provision of this subchapter or of the regulations promulgated under the provisions of this subchapter for which a specific penalty has not been prescribed.
(b) offenses by inspectors and sealers of weights and measures.--It shall be unlawful for any inspector or sealer:
- to use any tests or standards, or to attempt to use the same, in ascertaining the correctness or accuracy of weights and measures, until such comparisons are made and their accuracy established and a certificate of conformance issued therefor as provided by this chapter.
- to manufacture, sell or offer to sell any weighing or measuring device used in the sale of commodities.
- to repair adjust or offer to repair or adjust any weighing or measuring device.
For the purposes of this subchapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand or vehicle in which or from which it is shown that buying or selling is commonly carried on shall be presumptive proof of the regular use of such weight or measure or weighing or measuring device for commercial purposes and of such use by the person in charge of such building, enclosure, stand or vehicle.
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