41-2113

41-2113. Violation; classification;
jurisdiction

A. A person is guilty of a class 1 misdemeanor who:

1. Knowingly hinders, interferes with or obstructs in any way the director or any
of the director's agents or inspectors in entering the premises where a commercial device
may be kept for inspecting or testing or in the performance of the director's or the
director's agent's or inspector's official duties.

2. Impersonates in any way the director or any one of the director's agents or
inspectors by the use of the director's seal, or a counterfeit of the director's seal, or
in any other manner.

3. Uses, or has in possession for the purpose of using for any commercial purpose,
sells, offers or exposes for sale or hire, or has 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.

4. Sells, or offers or exposes for sale, less than the quantity the person
represents of any commodity, thing or service.

5. Takes more than the quantity the person represents of any commodity, thing or
service, when, as buyer, the person furnishes the weight or measure by means of which the
amount of the commodity, thing or service is determined.

B. A person is guilty of a class 2 misdemeanor who:

1. Uses, or has in possession for the purpose of current use for any commercial
purpose, a weight or measure that does not bear a seal or mark of approval based on
inspection and test as provided in section 41-2065, subsection A, paragraph 11, unless
the weight or measure has been exempted from testing by order of the department, or
unless the device has been placed in service as provided in this chapter. Any person or
persons making use of a commercial device subject to this chapter shall report to the
director or the director's representatives, in writing, the number and location of the
commercial device and shall promptly report the installation of any new commercial
device.

2. Disposes of any rejected or condemned weight or measure in a manner contrary to
law or rule.

3. Removes from any weight or measure, contrary to law or rule, any tag, seal or
mark placed on the weight or measure by the appropriate authority pursuant to this
chapter.

4. Keeps for the purpose of selling, advertising or offering or exposing for sale
or sells any commodity, thing or service in a condition or manner contrary to law or
rule.

5. Uses 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 so positioned that its
indications may not be accurately read and the weighing, metering, measuring or counting
operation observed from some position that may reasonably be assumed by a customer.

6. Violates this chapter or rules adopted under this chapter. A continuing
violation may be deemed to be a separate violation each day during which the violation is
committed for the purpose of imposing a fine.

C. The provisions of this section are in addition to and not in limitation of any
other provision of law.

D. The attorney general and the county attorney shall have concurrent jurisdiction
to prosecute violations of this chapter.