76-6-507 - Deceptive business practices -- Definitions -- Defense.
76-6-507. Deceptive business practices -- Definitions -- Defense.
(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 falselydetermining or recording any quality or quantity;
(b) takes or attempts to take more than the represented quantity of any commodity orservice 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 qualityprescribed, or pursuant to any statute providing criminal penalties for a variance, or set byestablished commercial usage.
(b) "Mislabeled" means varying from the standard of truth or disclosure in labelingprescribed by or pursuant to any statute providing criminal penalties for a variance, or set byestablished commercial usage.
(3) It is an affirmative defense to prosecution under this section that the defendant'sconduct was not knowing or reckless.
Amended by Chapter 157, 1985 General Session