2005 Idaho Code - 71-305 — ACTS CONSTITUTING MISDEMEANORS -- PENALTIES

                                  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.