Sec. 43-16q. Penalties.

      Sec. 43-16q. Penalties. (a) Any person who requests a licensed public weigher to weigh any property, produce, commodity or article falsely or incorrectly, or who requests a false or incorrect weight certificate, or any person who issues a weight certificate simulating the weight certificate prescribed in this chapter and who is not a licensed public weigher, shall, upon conviction for the first offense, be fined not less than twenty-five dollars nor more than one hundred dollars; and upon a second or subsequent conviction shall be fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned not less than thirty days nor more than ninety days, or be both fined and imprisoned.

      (b) Any licensed public weigher who falsifies a weight certificate, or who delegates his authority to any person not licensed as a licensed public weigher, or who preseals a weight certificate with his official seal before performing the act of weighing, shall be fined not less than fifty dollars nor more than five hundred dollars, or be imprisoned not less than thirty days nor more than ninety days or both.

      (c) Any person who violates any provision of this chapter or any rule or regulation promulgated pursuant thereto for which no specific penalty has been provided shall be fined not less than twenty-five dollars nor more than one hundred dollars.

      (d) The Commissioner of Consumer Protection, after conducting a hearing in accordance with the provisions of chapter 54, may impose a civil penalty of not more than one hundred dollars for the first offense and of not more than five hundred dollars for any subsequent offense on any person who violates any provision of this chapter or any regulation adopted pursuant to this chapter. Each violation with respect to each such unit, certificate, device or scale shall be considered a separate offense.

      (P.A. 77-409, S. 17-19; P.A. 78-331, S. 22-24, 58; P.A. 90-125, S. 9; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 78-331 made technical grammatical correction, substituting "nor" for "or" as necessary; P.A. 90-125 added Subsec. (d) re administrative penalties; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.