Prohibited acts

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  • Any person who, by himself or by his employee or agent or as the employee or agent of another person, performs any of the following enumerated acts shall be guilty of a misdemeanor.
    • (1) Use or have in possession for the purpose of using for any commercial purpose specified in section 158 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 or calculated to falsify any weight or measure.

    • (2) Use or have in possession for current use in the buying or selling of any commodity or thing, or for the hire or award, or in the computation of any basic charge or payment for services rendered on the basis of weight or measure, or in the determination of weight and measure when a charge is made for such determination, any weight or measure that has not been tested and sealed by the Director unless:

      • (A) Written notice has been given to the Director to the effect that such weight or measure is available for examination, or is due for reexamination;

      • (B) Permission to use such weight or measure has been received from the Director; or

      • (C) Such weight or measure has been exempted from sealing or testing requirements by the provisions of section 158 or by regulation of the Director issued under the authority of section 156 of this section.

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

    • (4) Removal from any weight or measure, contrary to law or regulation, any tag, seal or mark placed thereon by the Director.

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

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

    • (7) Advertise, or offer, or expose for sale, or sell any commodity, thing or service in a condition or manner contrary to law.

    • (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 which may reasonably be occupied by a customer.

    • (9) Violate any provision of this subchapter or of any rule or regulation duly promulgated under the provisions of this subchapter for which a specific penalty has not been prescribed.


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