Deceptive business practices -- Definitions -- Defense.

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  • (1) A person is guilty of a class B misdemeanor if, in the course of business, he:
    • (a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
    • (b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
    • (c) sells, offers, or exposes for sale adulterated or mislabeled commodities.
  • (2)
    • (a) "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
    • (b) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
  • (3) It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.




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