73 Pa. Stat. § 264

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 264 - Statements by dealers and municipal weighmasters as to quality of anthracite; unlawful acts

Any retail dealer or person hauling anthracite direct from a railroad car to a consumer, or wholesale dealer, who has had issued to him a producer's statement as required by section three of this act shall in the resale of such anthracite deliver to the person to whom delivery is made or to be made, a written or printed statement attesting that the anthracite so sold is standard anthracite or substandard anthracite as the case may be. Any municipal weighmaster who lawfully demands the surrender of the original weighmaster's certificate pursuant to the requirements of local ordinances regulating the sale of fuel within the municipality shall, when a new weighmaster's certificate covering the shipment is issued, place thereon a written or printed statement attesting that such anthracite is standard anthracite or substandard anthracite, as the case may be.

It shall be unlawful for any retail dealer, or wholesale dealer, or any person hauling anthracite direct from a railroad car to a consumer, or any other person, by himself, agent or employee, to mix together standard anthracite and substandard anthracite, designated as such on the producer's or wholesale dealer's statement, for sale or resale purposes of the same or different size, or to issue any statement attesting that anthracite wholly or partly substandard anthracite is standard anthracite.

A retail dealer, or a person engaged in hauling anthracite from a railroad car direct to the consumer, or wholesale dealer, who has preserved his records as required by this act, and who has not been guilty of making mixtures prohibited by this act, or a municipal weighmaster, shall be entitled to rely upon the producer's or wholesale dealer's statement and shall not be subject to prosecution under this act for issuing a statement in reliance on the producer's or wholesale dealer's statement pertaining to the particular anthracite to which such statement relates.

73 P.S. § 264

1947, May 31, P.L. 368, § 4. Amended 1949, May 18, P.L. 1467, § 2; 1951, Sept. 26, P.L. 1465, § 3.