Section 5.5. Authority of a certified UPC/PLU inspector

(a) General. A certified UPC/PLU inspector is qualified to perform the annual testing and inspection of a commercially used UPC scanning system or PLU device which is required under section 4112(c) of the act (relating to general testing and inspections). A certified UPC/PLU inspector—including a certified UPC/PLU inspector acting as part of a private certification program—may inspect UPC scanning systems or PLU devices owned, used or leased by a person with respect to which the certified UPC/PLU inspector is an employe or agent if the inspection is conducted on an unannounced basis under section 4112(c) of the act.

(b) Limitation on authority. A certified UPC/PLU inspector may exercise authority only in one of the following contexts:

(1) The certified UPC/PLU inspector is a State inspector of weights and measures.

(2) The certified UPC/PLU inspector is an employe of a city or county, and is acting in accordance with a memorandum of understanding entered into with the Department in accordance with section 4125 of the act (relating to division of responsibilities).

(3) The certified UPC/PLU inspector is acting as part of a private certification program.

(c) Fees. A certified UPC/PLU inspector may not charge a fee for inspection and testing services, unless that person is acting as part of a private certification program, or that person is an employe of a city or county and is acting in accordance with a memorandum of understanding entered into with the Department under section 4125 of the act.