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§ 47-26-921. Prohibited Acts

Any person who, personally or by a servant or agent, or as the servant or agent of another person, performs any of the acts enumerated in this section commits a Class C misdemeanor. No person shall: Use or have in possession for use in commerce any incorrect weight or measure; Sell or offer for sale […]

§ 47-26-922. Restraining Orders and Injunctions

The commissioner is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provisions of this part.

§ 47-26-923. Warning in Lieu of Criminal or Civil Penalties

Nothing in this part shall be construed as requiring the commissioner to report for the institution of proceedings under this part, minor violations of this part, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable oral or written notice or warning.

§ 47-26-908. State Weights and Measures Agency

There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state: Assuring that weights and measures in commercial service within the state are suitable for their intended use, […]

§ 47-26-909. Powers and Duties of the Commissioner

The commissioner shall: Maintain traceability of the state standards to the national standards in the possession of the National Institute of Standards and Technology; Enforce this part; Issue reasonable regulations for the enforcement of this part, which regulations shall have the force and effect of law; Establish labeling requirements, establish standards of weight, measure, or […]

§ 47-26-910. Special Powers

When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is: Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner’s credentials and obtain […]

§ 47-26-911. Powers and Duties of Local Officials

The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure […]

§ 47-26-912. Misrepresentation of Quantity

No person shall: Sell, or expose for sale less than the quantity represented; Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or Represent the quantity in any manner calculated or tending to mislead or in any way deceive another […]

§ 47-26-913. Misrepresentation of Pricing

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.

§ 47-26-904. Primary Standards

Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology (NIST), shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the NIST. The primary […]