TITLE 71

WEIGHTS AND MEASURES

CHAPTER 3

ENFORCEMENT AND PENALTIES

71-305.  Acts constituting misdemeanors — Penalties. Any person who, by himself, or by his servant or agent, or as the servant or agent of another person, performs any one (1) of the acts enumerated in subparagraphs (1) through (9) of this section shall be guilty of a misdemeanor and, upon first conviction thereof, shall be punished by a fine of not less than twenty dollars ($20.00) or more than two hundred dollars ($200) or by imprisonment for not more than three (3) months, or by both such fine and imprisonment. Upon a second or subsequent conviction thereof, he shall be punished by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment.

(1)  Use or have in possession for the purpose of using for any commercial purpose specified in section 71-113, [Idaho Code,] 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 to or calculated to falsify any weight or measure.

(2)  Use, or have in possession for the purpose of current use for any commercial purpose specified in section 71-113, [Idaho Code,] a weight or measure that does not bear a seal or mark such as is specified in section 71-117, unless such weight or measure has been exempted from testing by the provisions of section 71-113[,Idaho Code,] or by a regulation of the director issued under the authority of section 71-111, [Idaho Code,] or unless the apparatus has been placed in service as provided by a regulation of the director issued under the authority of section 71-111[, Idaho Code].

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

(4)  Remove from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed thereon by the appropriate authority.

(5)  Sell, or offer to 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)  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 regulation.

(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 assumed by a customer.

(9)  Violate any provision of this act or of the regulations promulgated under the provisions of this act for which a specific penalty has not been prescribed.

History:

[71-305, added 1969, ch. 43, sec. 30, p. 108.]