(a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor:

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663

Terms Used In Hawaii Revised Statutes 486-136

  • Fraud: Intentional deception resulting in injury to another.
  • Incorrect: means to be in noncompliance with any specification, tolerance, performance criteria, standard, or any part of this chapter or any rule adopted under it. See Hawaii Revised Statutes 486-1
  • Measure: includes all measures of every kind, including but not limited to weight, mass, length, volume, time, and count; instruments and devices for weighing, measuring, or counting; and appliances and accessories associated with any such instruments and devices. See Hawaii Revised Statutes 486-1
(1) Use or have in possession a device which has been altered to facilitate fraud;
(2) Falsely certify any gross, tare, or net weight or measure required by this part to be on the certificate;
(3) Falsify a certificate;
(4) Issue a certificate simulating the certificate in this part;
(5) Refuse without cause to weigh or measure any article or thing which it is the person’s duty to weigh or measure, or refuse to state in any certificate anything required to be therein;
(6) Assume the title of public measuremaster, or any title of similar import, without a valid license;
(7) Perform the duties or acts to be performed by a public measuremaster without a valid license;
(8) Present oneself as a public measuremaster without a valid license;
(9) Issue any certificate, ticket, memorandum, or statement for which a fee is charged without a valid license;
(10) Engage in the full-time or part-time business of measuring for hire without a valid license;
(11) Delegate the person’s own authority as a public measuremaster to any person not licensed as a public measuremaster;
(12) Request a public measuremaster to weigh, measure, or count any vehicle, property, produce, commodity, or article falsely or incorrectly; or
(13) Request a false or incorrect certificate.
(b) Civil. Any person who performs any one of theactsenumerated in this subsection shall be fined not more than $2,000 for each separate offense:

(1) Use any device for certification purposes that does not meet the requirements of the National Institute of Standards and Technology handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices”;
(2) Operate devices in a manner not in accordance with the National Institute of Standards and Technology handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices” requirements; or
(3) Violate any provision of this part or any rule adopted under this part for which a specific penalty has not been prescribed.
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