§ 76-6-507. Deceptive business practices -- Definitions -- Defense.

Latest version.

(1)

A person is guilty of a class B misdemeanor if, in the course of business, he:

(a)	uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(b)	takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(c)	sells, offers, or exposes for sale adulterated or mislabeled commodities.

(2)

(a)	"Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(b)	"Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(3)	It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.

Amended by Chapter 157, 1985 General Session

                    
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