(a) A person commits the crime of deceptive business practices if in the course of engaging in a business, occupation, or profession, he:
(1) Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(2) Sells, offers or exposes for sale, or delivers, less than the represented quantity of any commodity or service; or
(3) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(4) Sells, offers or exposes for sale adulterated commodities; or
(5) Sells, offers or exposes for sale mislabeled commodities.
(b) It shall be a defense to a prosecution under this section if the actor acts neither knowingly nor recklessly. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.
(c) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage.
(d) "Mislabeled" means:
(1) Varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation, or if none, as set by established commercial usage; or
(2) Represented as being another person's product, though otherwise labeled accurately as to quality and quantity.
(e) Deceptive business practices is a Class B misdemeanor.
Structure Code of Alabama
Chapter 9 - Forgery and Fraudulent Practices.
Section 13A-9-40 - Definitions.
Section 13A-9-41 - Deceptive Business Practices.
Section 13A-9-42 - False Advertising.
Section 13A-9-43 - Bait Advertising.
Section 13A-9-45 - Falsifying Business Records.
Section 13A-9-46 - Defrauding Secured Creditors.
Section 13A-9-47 - Defrauding Judgment Creditors.
Section 13A-9-48 - Fraud in Insolvency.
Section 13A-9-49 - Issuing False Financial Statement.
Section 13A-9-50 - Receiving Deposits in Failing Financial Institution.