§ 80-40. Marking gold articles regulated.

Article5.

Stamping of Gold andSilver Articles.

§ 80‑40.  Marking goldarticles regulated.

It shall be unlawful to makefor sale, or sell, or offer to sell or dispose of, or have in possession withintent to sell or dispose of, any article of merchandise made in whole or inpart of gold or any alloy of gold, and having stamped, branded, engraved orimprinted thereon, or upon any tag, card or label attached thereto, or upon anybox, package, cover or wrapper in which the article is enclosed, any mark indicatingor designed to indicate that the gold, or alloy of gold, therein is of agreater degree of fineness than its actual fineness, unless the actualfineness, in the case of flatware and watchcases, is not less by more thanthree one‑thousandths parts, and in the case of all other articles is notless by more than one‑half karat than the fineness indicated, accordingto the standards and subject to the qualifications hereinafter set forth.

In any test for ascertainingthe fineness of gold or alloy in the articles, according to the requiredstandards, the part of the gold or alloy taken for the test, analysis or assayshall be a part not containing or having attached thereto any solder or alloyof inferior fineness used for brazing or uniting the parts of the articles.  Inaddition to the foregoing tests and standards, the actual fineness of theentire quantity of gold and of its alloys contained in any article mentioned inthis section (except watchcases), including all solder or alloy of inferiormetal used for brazing or uniting the parts (all such gold, alloys, and solderbeing assayed as one piece), shall not be less by more than one karat than thefineness indicated by the mark used as above indicated.  Violation of thissection is a Class 1 misdemeanor. (1907, c. 331, s. 1; C.S., s.4012; 1993, c. 539, s. 587; 1994, Ex. Sess., c. 24, s. 14(c).)