Any person who, by himself or by his servant or agent, or as the servant or agent of another person, performs any one of the acts enumerated in subdivisions 1 through 9 of this section is guilty of a Class 1 misdemeanor:
1. Use or have in possession for the purpose of using for any commercial purpose, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measure of 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 § 3.2-5609 a weight or measure that does not bear a seal or mark such as is specified in § 3.2-5613, unless such weight or measure has been: (i) placed into service by a certified service technician pursuant to § 3.2-5711; (ii) exempted from testing by the provisions of § 3.2-5609; or (iii) exempted by a regulation of the Board issued under the authority of § 3.2-5607 or 3.2-5620.
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 or 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 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 that may reasonably be assumed by a customer, except in the preparation of packages put up in advance of sale and of medical prescriptions.
9. Violate any provisions of this chapter or of the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.
Code 1950, §§ 3-708.47, 59-138, 59-139; 1962, c. 298; 1966, c. 702, § 3.1-965; 1993, c. 604; 2008, cc. 255, 860.
Structure Code of Virginia
Title 3.2 - Agriculture, Animal Care, and Food
Chapter 56 - Weights and Measures
§ 3.2-5600. Definitions generally
§ 3.2-5601. Powers and duties of Commissioner
§ 3.2-5602. Commissioner to test accuracy of point-of-sale systems
§ 3.2-5604. State standards of weight and measure
§ 3.2-5605. Office standards and field standards
§ 3.2-5607. The Board may adopt regulations
§ 3.2-5608. Testing and inspection of standards procured by cities and counties
§ 3.2-5609. Testing and inspection of weights and measures offered for sale or commercially used
§ 3.2-5610. Investigations by Commissioner
§ 3.2-5614. Police powers of Commissioner
§ 3.2-5617. Powers and duties of sealers and deputies
§ 3.2-5618. Standards, equipment, and office space for sealers
§ 3.2-5620. Specifications and tolerances for weighing and measuring devices
§ 3.2-5621. Rejected weights and measures
§ 3.2-5622. How certain commodities to be sold
§ 3.2-5623. Information to be shown on packages
§ 3.2-5624. Certain packages to show price per single unit of weight, measure, or count
§ 3.2-5625. Misleading containers prohibited; contents of container not to fall below standard
§ 3.2-5626. Advertisement of commodities in package form
§ 3.2-5627. Pricing of retail merchandise
§ 3.2-5628. Weights and Measures Fund established; purpose
§ 3.2-5629. Fees and other moneys received
§ 3.2-5630. Violations of pricing requirements
§ 3.2-5631. Representations as to price; signs advertising price of petroleum products
§ 3.2-5632. Failure to pay advertised cash discount
§ 3.2-5633. Commissioner to receive enforcement authority for the Stage II Vapor Recovery Programs
§ 3.2-5634. Meat, poultry, and seafood
§ 3.2-5635. Bulk sale and delivery of commodities
§ 3.2-5636. Scale house in establishment where livestock is bought from producers
§ 3.2-5637. Type registering weighbeams or automatic weight recorders required
§ 3.2-5638. Weight of livestock to be determined on date of sale
§ 3.2-5639. Announcement of day and hour of livestock sale
§ 3.2-5640. Certain merchants to provide scales for use of customers
§ 3.2-5642. Determining number of board feet in tree or log
§ 3.2-5643. Obstructing Commissioner or sealers; penalty
§ 3.2-5644. Impersonating Commissioner or sealer
§ 3.2-5645. Certain acts declared misdemeanors
§ 3.2-5646. Civil penalties; suit to enjoin violation; compromise
§ 3.2-5647. Warning instead of report of violation
§ 3.2-5648. Presumptive proof of use of weight, measure or weighing or measuring device