§ 2761. Offenses and penalties
Any person who, by his or her actions or through the actions of an agent, performs any one of the acts enumerated in subdivisions (1) through (11) of this section shall be fined not less than $20.00 or more than $200.00, or be imprisoned not more than three months, or both; and upon a second or subsequent conviction thereof, he or she shall be fined not less than $50.00 or more than $500.00, or be imprisoned, or both.
(1) Use, or have in possession for the purpose of using for any commercial purpose specified in section 2635 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 section 2635 of this title, a weight or measure that does not bear a seal or mark such as is specified in section 2639 of this title, unless such weight or measure has been exempted from testing by the provisions of section 2635 of this title, or by a regulation of the Secretary issued under the authority of section 2633 of this title, or unless the device has been placed in service as provided by a regulation of the Secretary issued under the authority of section 2633 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 he or she represents of any commodity, thing, or service.
(6) Take more than the quantity he or she represents of any commodity, thing, or service, when, as buyer, he or she 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 that may reasonably be assumed by a customer.
(9) Violate any provision of this chapter or of the regulations promulgated under the provisions of this chapter for which a specific penalty has not been prescribed.
(10) Act as a licensed public weighmaster without first obtaining a license or certificate to do so, or at a time when such license is suspended or revoked.
(11) Misrepresent the true weight, volume, or other measurement of any item which is the subject of a commercial transaction. (Added 1967, No. 102, § 39, eff. April 14, 1967; amended 1991, No. 227 (Adj. Sess.),§§ 6a, 7; 1993, No. 74, § 8.)
Structure Vermont Statutes
Chapter 73 - Weights and Measures
§ 2631. Regulation of weights and measures
§ 2632. General powers and duties of Secretary
§ 2633. Specific powers and duties of Secretary; regulations
§ 2634. Testing at State-supported institutions
§ 2637. Inspection of packages
§ 2638. Stop-use, stop-removal, and removal orders
§ 2639. Disposition of correct and incorrect apparatus
§ 2640. Police powers; right of entry and stoppage
§ 2641. Powers and duties of inspector
§ 2642. Duty of owners of incorrect apparatus
§ 2643. Licenses; inspections; penalties
§ 2652. Systems of weights and measures
§ 2653. State standards of weight and measure
§ 2654. Field standards and equipment
§ 2655. Construction of contracts
§ 2671. Method of sale of commodities; general
§ 2672. Packages, declarations of quantity and origin; variations; exemptions
§ 2673. Declarations of unit price on random packages
§ 2675. Advertising packages for sale
§ 2677. Misrepresentation of price
§ 2691. Meat, poultry, and seafood
§ 2693. Log measure—The Vermont rule
§ 2696. Flour, corn meal, and hominy grits
§ 2697a. Motor fuel octane content and quality
§ 2699. Berries and small fruits
§ 2700. Coal, coke, and charcoal
§ 2721. Licensed public weighmaster—license
§ 2723. Suspension and revocation of license
§ 2726. Suspension or revocation of certificate
§ 2727. Placed in service report
§ 2728. Disposition of condemned devices
§ 2729. Calibration of testing equipment; certificate
§ 2730. Licensing for operation of weighing and measuring devices
§ 2741. Weight certificate; required entries
§ 2742. Execution; requirements
§ 2743. Scale used; type; test
§ 2744. Capacity; platform size; one-draft weighing
§ 2745. Copies of weight certificates
§ 2747. Reciprocal acceptance of weight certificates
§ 2761. Offenses and penalties
§ 2762. Hindering or obstructing officer
§ 2763. Impersonation of officer
§ 2764. Incorrect weight certificates
§ 2766. Replacement of security seal; improper handling of weighing or measuring device
§ 2768. Validity of prosecutions