§ 2761. Offenses and penalties

Any person who, by his or her actions or through the actions of an agent, performs any one of the acts enumerated in subdivisions (1) through (11) of this section shall be fined not less than $20.00 or more than $200.00, or be imprisoned not more than three months, or both; and upon a second or subsequent conviction thereof, he or she shall be fined not less than $50.00 or more than $500.00, or be imprisoned, or both.

(1) Use, or have in possession for the purpose of using for any commercial purpose specified in section 2635 of this title, 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.

(2) Use, or have in possession for the purpose of current use for any commercial purpose specified in section 2635 of this title, a weight or measure that does not bear a seal or mark such as is specified in section 2639 of this title, unless such weight or measure has been exempted from testing by the provisions of section 2635 of this title, or by a regulation of the Secretary issued under the authority of section 2633 of this title, or unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of section 2633 of this title.

(3) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation.

(4) Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.

(5) Sell, or offer or expose for sale, less than the quantity he or she represents of any commodity, thing, or service.

(6) Take more than the quantity he or she represents of any commodity, thing, or service, when, as buyer, he or she furnishes the weight or measure by means of which the amount of the commodity, thing, or service is determined.

(7) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell, any commodity, thing, or service in a condition or manner contrary to law or regulation.

(8) 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 that may reasonably be assumed by a customer.

(9) Violate any provision of this chapter or of the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.

(10) Act as a licensed public weighmaster without first obtaining a license or certificate to do so, or at a time when such license is suspended or revoked.

(11) Misrepresent the true weight, volume, or other measurement of any item which is the subject of a commercial transaction. (Added 1967, No. 102, § 39, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.),§§ 6a, 7; 1993, No. 74, § 8.)