§ 8A-115. Specific penalties and offenses.

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 subsections (a) through (j) of this section shall be guilty of a violation of this article, and upon a first conviction thereof shall be punished by a fine of not less than twenty dollars ($20.00) nor more than two hundred dollars ($200.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment in the discretion of the court of appropriate jurisdiction; and upon a second conviction thereof, he shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by imprisonment in the County Jail for not less than ten (10) days nor more than sixty (60) days or by both such fine and imprisonment in the discretion of the court of appropriate jurisdiction and upon a third conviction, he shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) and by imprisonment in the County Jail for not less than thirty (30) days nor more than one (1) year.

(a)

Using, or having in possession for the purpose of using, for any commercial purpose specified in Section 8A-83, selling, offering or exposing for sale or hire, or having 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.

(b)

Using or having in possession for the purpose of current use, for any commercial purpose specified in Section 8A-83, a weight or measure that does not bear a seal or mark such as is specified in Section 8A-87, unless such weight or measure has been exempted from testing by the provisions of Section 8A-83.

(c)

Disposing of any rejected or condemned weight or measure in a manner contrary to law or regulation.

(d)

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

(e)

Selling or offering or exposing for sale, less than the quantity represented of any commodity, thing or service.

(f)

Taking more than the quantity represented 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.

(g)

Keeping for the purpose of sale, advertising or offering or exposing for sale, or selling any commodity, thing, or service in a condition or manner contrary to law or regulation.

(h)

Using 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.

(i)

Packaging for sale perishable food without a label specifying the terminal shelf life date expressed as a calendar date.

(j)

Selling or offering or exposing for sale, at retail, any prepackaged, unprocessed or untreated, fresh meat, exclusive of viscera, unless the package is colorless and transparent on all sides, exclusive of labeling, or unless at least seventy (70) percent of said packaging shall be transparent to expose the bottom of the meat while the top shall be completely visible, exclusive of labeling which labeling shall not occupy more than ten (10) percent of one (1) side or sides or five (5) square inches, whichever is greater, of the package whereon such labeling is affixed.

(Ord. No. 68-52, § 39, 9-19-68; Ord. No. 71-80, § 4, 10-5-71; Ord. No. 71-95, § 3, 12-21-71; Ord. No. 72-38, § 2, 7-5-72)