(1) For the purpose of enforcing this chapter, the department may: (a) enter any commercial premises during normal working hours after the presentation of credentials; (b) issue in writing a "stop-use, hold, or removal order" with respect to any weights or measures commercially used or a "stop sale, use, or removal order" with respect to any packaged commodity or bulk commodity offered for sale; (c) impose a civil penalty for a violation of this chapter, consistent with Subsection (3); (d) seize as evidence, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity offered for sale or sold in violation of this chapter; (e) (i) seek an order of seizure or condemnation of any weight, measure, package, or sale from bulk that violates this chapter; or (ii) upon proper grounds, obtain a temporary restraining order or permanent injunction to prevent a violation of this chapter; and (f) stop any commercial vehicle and after presenting credentials: (i) inspect the vehicle's contents; (ii) require the person in charge of the vehicle to produce any documents in the person's possession concerning the contents; or (iii) require the person in charge of the vehicle to proceed with the vehicle to some specified place for inspection. (2) If an order has been issued under Subsection (1)(b), the weights, measures, or commodities subject to the order may not be used, moved, or offered for sale until the department issues a written release. (3) (a) A person that violates a provision of this chapter or a rule or order issued under the authority of this chapter is subject to: (i) for a first violation, a notice of violation by the department; (ii) for a second violation, the cost to the department of an inspection; (iii) for a third violation, a civil penalty not to exceed $500 and the cost to the department of an inspection; (iv) for a fourth violation, a civil penalty not to exceed $1,000 and the cost to the department of an inspection; (v) for a fifth violation, a civil penalty not to exceed $5,000 and the cost to the department of an inspection; and (vi) for a sixth or subsequent violation, a civil penalty not to exceed $10,000 and the cost to the department of an inspection. (b) The department may not impose a civil penalty described in Subsection (3)(a) for a third or subsequent violation sooner than 30 days from the day on which the department imposed a previous civil penalty. (c) The department shall deposit a civil penalty collected under this section into the General Fund as a dedicated credit to be used by the department for the enforcement of this chapter. (4) A bond may not be required of the department in any injunctive proceeding brought under this section.
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