Section 177. Except as otherwise provided by section two hundred and forty-eight, whoever himself or by his servant or agent gives or attempts to give false or insufficient weight or measure, or inferentially misrepresents the weight or quantity of a commodity sold or delivered by weight or measure by stating a price without stating the weight or quantity of such commodity, such price being in fact greater than the price advertised for such commodity or mutually understood by both parties to be the price for a given weight or measure, or demands or accepts payment in excess of the regularly quoted selling price of a commodity sold or delivered by weight or measure, or misrepresents the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count or represents the price in any manner calculated or tending to mislead or in any way deceive a person, or takes or attempts to take more than the quantity he represents when, as the buyer, he furnishes the weights, measures or weighing or measuring device by means of which the amount of commodity is determined, shall be punished for the first offense by a fine of one hundred dollars, for the second offense by a fine of two hundred and fifty dollars, and for a subsequent offense by a fine of five hundred dollars or shall be subject to a civil citation as provided in section 29A of chapter 98.
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