(a) No person shall:
(1) Use or have in possession for the purpose of using for any commercial purpose specified in § 5109 of this title, 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 § 5109 of this title, a weight or measure that does not bear a seal or mark such as is specified in § 5113 of this title, unless such weight or measure has been exempted from testing by the provisions of § 5109 of this title, or by a regulation of the Secretary of Agriculture issued under the authority of § 5107 of this title unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of § 5107 of this title;
(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 the person represents of any commodity, thing or service;
(6) Take 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;
(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 chapter or of the regulations promulgated under this chapter for which a specific penalty has not been prescribed.
(b) Any person who, by himself or herself or by his or her employee or agent or as the employee or agent of another person, performs any one of the acts enumerated in paragraphs (a)(1) through (9) of this section, upon a first conviction thereof, shall be punished by a fine of not less than $50 nor more than $500 and upon any subsequent conviction thereof occurring within 2 years from the first conviction, shall be punished by a fine of not less than $250 nor more than $1000.
Structure Delaware Code
Chapter 51. STANDARD WEIGHTS AND MEASURES
§ 5101. Definitions; meaning of terms.
§ 5102. Systems of weights and measures.
§ 5103. Definitions of special units of measure.
§ 5104. State standards of weights and measures.
§ 5105. Field standards and equipment.
§ 5106. General powers and duties of Secretary of Agriculture.
§ 5107. Specific powers and duties of Secretary of Agriculture; regulations.
§ 5108. Testing at state-supported institutions.
§ 5111. Inspection of packages.
§ 5112. Stop-use, stop-removal, and removal orders.
§ 5113. Disposition of correct and incorrect apparatus.
§ 5114. Police powers; right of entry and stoppage.
§ 5115. Powers and duties of inspectors.
§ 5116. Duty of owners of incorrect apparatus.
§ 5117. Method of sale of commodities.
§ 5118. Packages; declarations of quantity and origin; variations; exemptions.
§ 5119. Declarations of unit price on random packages.
§ 5120. Uniform packaging and labeling.
§ 5121. Advertising packages for sale.
§ 5123. Misrepresentation of price.
§ 5124. Meat, poultry and seafood.
§ 5125. Clams, mussels, oysters, and other mollusks.
§ 5127. Bulk deliveries of commodities sold in terms of weight.
§ 5128. Furnace and stove oil.
§ 5129. Berries and small fruits.
§ 5130. Construction of contracts.
§ 5131. Licensed weighmasters; appointment; tenure; license fee; seal; charges; records.
§ 5132. Hindering or obstructing officer; penalties.
§ 5133. Impersonation of officer; penalties.
§ 5134. Offenses and penalties.
§ 5137. Validity of prosecutions.
§ 5138. Concurrent jurisdiction of justices of the peace and Court of Common Pleas.
§ 5140. Fees for services for out-of-state companies.