Sec. 13.041. PENALTIES; DEFENSE. (a) An offense under Section 13.030, 13.032, 13.037, or 13.039 is a Class C misdemeanor.
(b) It is a defense to prosecution or to the imposition of a civil or administrative penalty for a violation of Sections 13.030-13.038 that a discrepancy between the actual weight or volume at the time of sale to a consumer and the weight marked on the container or a discrepancy between the fill of a container and the capacity of the container is due to unavoidable leakage, shrinkage, evaporation, waste, or causes beyond the control of the seller acting in good faith.
Acts 1981, 67th Leg., p. 1029, ch. 388, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 230, Sec. 20, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 3.14, eff. September 1, 2013.
Structure Texas Statutes
Title 2 - Department of Agriculture
Chapter 13 - Weights and Measures
Subchapter B. Standard Weights and Measures
Section 13.021. Legal Standards
Section 13.022. Standard for Length and Surface
Section 13.023. Standard for Weight
Section 13.024. Standard for Liquid Capacity
Section 13.025. Standard for Solid Capacity
Section 13.027. Standard Net Weight or Count Set by Rule
Section 13.028. Standard Weight per Bushel for Certain Commodities
Section 13.029. Exemption of Weighing or Measuring Devices
Section 13.030. Sale of Commodities by Net Weight
Section 13.031. Sale of Commodities by Proper Measure
Section 13.032. Standard Fill and Quantity Labeling for Commodities in Package Form
Section 13.033. Sale of Milk or Cream in Nonstandard Container
Section 13.034. Sale of Cheese, Meat, or Meat Food Product by Nonstandard Weight
Section 13.035. Price Advertisement; Misrepresentation of Price or Quantity
Section 13.036. False Representation of Commodity Quantity
Section 13.037. Use of Incorrect Weighing or Measuring Device
Section 13.038. Sale of Commodity in Violation of Subchapter
Section 13.039. Testing of Package by Department