45-6-318. Deceptive business practices. (1) A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation, or profession, the person purposely or knowingly:
(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) sells, offers, exposes for sale, or delivers less than the represented quantity of any commodity or service;
(c) takes or attempts to take more than the represented quantity of any commodity or service when as buyer the person furnished the weight or measure;
(d) sells, offers, or exposes for sale adulterated commodities;
(e) sells, offers, or exposes for sale mislabeled commodities; or
(f) makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to the public.
(2) "Adulterated" means varying from the standard of composition or quality prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.
(3) "Mislabeled" means:
(a) varying from the standard of truth or disclosure in labeling prescribed by statute or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or
(b) represented as being another person's produce though otherwise labeled accurately as to quality and quantity.
(4) A person convicted of the offense of deceptive business practices shall be fined not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both.
History: En. 94-6-308 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-6-308; amd. Sec. 1672, Ch. 56, L. 2009.
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