Fraud in effecting sales.

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(1) A person commits a class 2 misdemeanor if, in the course of business, he knowingly:

  1. Uses or possesses for use a false weight or measure, or any other device for falselydetermining or recording any quality or quantity; or

  2. Sells, offers, or exposes for sale or delivers less than the represented quantity of anycommodity or service; or

  3. Takes or attempts to take more than the represented quantity of any commodity orservice when as buyer he furnishes the weight or measure; or

  4. Sells, offers, or exposes for sale an adulterated or mislabeled commodity. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed or pursuant to any statute of the state of Colorado or the United States providing criminal penalties for such variance, or set by established commercial usage; or

  5. Makes a false or misleading statement in any advertisement addressed to the publicor to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.

  6. Repealed.

Source: L. 71: R&RE, p. 441, § 1. C.R.S. 1963: § 40-5-301. L. 79: (1)(f) repealed, p. 730, § 11, effective July 1.


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