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§ 268. Penalty

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and Commerce

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 7. Anthracite Standards Law (Refs & Annos)
73 P.S. § 268
§ 268. Penalty
Any producer, retail dealer, wholesale dealer, municipal weighmaster, or other person who shall fail, neglect or refuse to issue a statement when required to do so by section three or section four1 of this act, or who shall issue any written or printed statement attesting that anthracite sold, resold, shipped, delivered or marketed by him is standard anthracite when in fact such anthracite is wholly or partly substandard anthracite, or who shall sell, resell, ship, deliver or market anthracite as grade A, or premium anthracite, or use any other similar designation leading or tending to lead the public to believe that the anthracite being sold, resold, shipped, delivered or marketed is standard anthracite, when in fact such anthracite is wholly or partly substandard anthracite, or who shall use any label, marking or design copyrighted or controlled by the department, indicating that anthracite being sold, resold, shipped, delivered or marketed conforms to the requirements of this act or is standard anthracite, without having first secured permission in writing from the department, or who shall refuse the department access to records which they are required by this act to keep on their premises, as permitted by this act, or who shall refuse to permit the department to take samples of anthracite, as authorized by this act, or any operator of any motor vehicle transporting anthracite on the public highways who shall refuse to permit the department to take a sample of the shipment being transported in the vehicle which they are operating, as permitted by this act, or who shall refuse to exhibit the weighmaster's certificate upon demand by the department, or any producer, retail dealer, municipal weighmaster, operator of a motor vehicle, or other person who shall otherwise violate any of the provisions of this act, shall upon conviction thereof in a summary proceeding, remove and replace the inferior coal with a standard grade of coal as defined in this act and be sentenced for a first offense to pay a fine of $300 and costs of prosecution, and in default of the payment of such fine and costs of prosecution shall be imprisoned for 30 days.
Any producer, retail dealer, wholesale dealer, municipal weighmaster, or operator of a motor vehicle, or other person committing a second or subsequent violation of this act shall be guilty of a misdemeanor and upon conviction thereof the producer, retail dealer, wholesale dealer, municipal weighmaster, or other person, or the member or members or officer or officers of any association, partnership or corporation responsible for such violation shall be sentenced to pay a fine of not more than $1000 or suffer imprisonment for 6 months, or both, in the discretion of the court.
All fines imposed pursuant to the provisions of this section shall be payable to the Commonwealth and shall be paid into the General Fund in the State Treasury through the Department of Revenue.

Credits

1947, May 31, P.L. 368, § 8. Amended 1949, May 18, P.L. 1467, § 2; 1951, Sept. 26, P.L. 1465, § 3; 1978, April 28, P.L. 93, No. 43, § 3, imd. effective.

Footnotes

73 P.S. §§ 263, 264.
73 P.S. § 268, PA ST 73 P.S. § 268
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
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