(a) A weight and measure, unless inspected and approved by the Secretary, may not be used or possessed for current use for: (1) Buying or selling any commodity or object; (2) Hire or award; (3) Computing any charge or payment for services rendered on the basis of weight and measurement; or (4) Determining any weight and measure for a charge. (b) A person is not liable for a violation of subsection (a) of this section, if: (1) The person gives written notice to the Secretary stating that the weight and measure is correct and is available for examination; and (2) Specific written permission to use the weight and measure is received from the Secretary. (c) A person may not impersonate in any way the Secretary or use the Secretary's seal or a counterfeit of it in any manner. Any person who violates this subsection is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. (d) A person, on the person's own behalf, or by a servant or agent, or as the servant or agent of another person, may not: (1) Use, sell, offer or expose for sale or hire, or possess for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure; (2) Dispose of any rejected or condemned weight or measure in a manner contrary to law or regulation; (3) Remove from any weight and measure, contrary to law or regulation, any tag, seal, or mark placed by the Secretary; (4) Sell, or offer or expose for sale, less than the quantity the person represents of any commodity, object, or service; (5) Take more than the quantity the person represents of any commodity, object, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, object, or service is determined; (6) Keep for sale, or advertise, offer or expose for sale, or sell any commodity, object, or service in a condition or manner contrary to this article or regulation issued under it; (7) Use in retail trade, except in the preparation of medical prescriptions or packages put up in advance of sale, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operations observed from some position which reasonably may be assumed by a customer; (8) Violate any provision of this title or of any regulation adopted under this title; (9) Manipulate or in any manner render a weight or measure to a state calculated to deceive or defraud anyone; or (10) Misrepresent a weight, measurement, or count affecting any purchase, sale, award, or amounts paid or charged for a service.
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