83-217. Damages owed by person using inaccurate, false or rejected device; variations in weight, measure or quantity. Any person who is liable to an injured person by reason of any inaccurate, false or rejected weighing or measuring device shall be assessed and adjudged to pay damages in double the amount of property wrongfully taken or not given, and in addition thereto, for punitive damages the additional sum of $25, and reasonable attorney fees, to be recovered in any court of competent jurisdiction. The selling and delivery of a stated quantity of any commodity shall be prima facie evidence of representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. A slight variation from the stated weight, measure or quantity, within authorized tolerances, is permissible for individually packaged commodities if such variation is as often over, as it is under, the correct weight, measure or quantity stated.
History: L. 1985, ch. 345, ยง 17; July 1.
Structure Kansas Statutes
Chapter 83 - Weights And Measures
Article 2 - Standards And Enforcement
83-202 Recognized system of weights and measures.
83-203 State primary standards of weights and measures; secondary standards.
83-205 Weights and measures inspection program; personnel; functions.
83-206 Same; powers and duties of secretary of agriculture.
83-207 Same; rules and regulations.
83-208 Inspections; prohibited acts; penalty for violation.
83-209 Enforcement; orders of secretary.
83-210 County or city enforcement; powers and duties of officials.
83-212 Bulk sales delivery ticket; contents.
83-213 Labeling of packages; rules and regulations.
83-214 Testing and sealing on request; charge for services; weights and measures fee fund.
83-215 Rejection of weighing or measuring device; repair or destruction of device.
83-216 Same; devices declared to be common nuisance and contraband; action for disposal of device.
83-218 Presumptive proof of regular use of device.
83-220 Penalty for violations.
83-221 Dispensing devices and vehicle tanks; inspections, tests, certifications.
83-222 Continuation of rules and regulations.
83-223 Action for injunction authorized to restrain or prevent violations.
83-225 Scale; authorized removal of rejection tag or other mark.