486-32 Offenses and penalties. (a) Criminal. Any person who performs any one of the acts enumerated in this subsection shall be guilty of a misdemeanor:

(1) Use or have in possession a device or measure or measurement standard which has been altered to facilitate fraud;

(2) Counterfeit, or remove from any measure or measurement standard, any tag, seal, or mark placed thereon by the appropriate authority; or

(3) Manipulate in any manner the representation of the quantity of any commodity, thing, or service furnished, delivered, or provided to the unjust enrichment of the person.

(b) Civil. Any person who performs any one of the acts enumerated in this subsection shall be fined not more than $2,000 for each separate offense:

(1) Use, or have in possession for use in commerce an incorrect device, measure, or measurement standard;

(2) Dispose of any rejected or condemned measure or measurement standard in a manner contrary to law or rule;

(3) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, thing, or service;

(4) 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 rule;

(5) Fail to submit a weighing or measuring device for inspection and testing at a time and place specified by the administrator; or

(6) Violate any provision of this chapter or any rules adopted under it for which a specific penalty has not been prescribed. [L 1988, c 156, pt of 3; am L 1991, c 153, 18; am L 1993, c 54, 3]

 

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