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Except as otherwise provided in this chapter or by regulations promulgated pursuant hereto, any package kept for the purpose of sale or offered or exposed for sale shall conform to the standards of the Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Bureau of Standards Handbook 130, “Uniform Laws and Regulations”, and RC 1327.57, “Information Required on Packages and Advertising.”
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the retail price a declaration of quantity as is required by law or regulation to appear on the package. Where a declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertisement.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
No person shall:
(a) Use or have in possession for use in commerce any incorrect weight or measure;
(b) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority;
(c) Hinder or obstruct any weights and measures official in the performance of his or her duties;
(d) Obstruct the Commissioner in the performance of any of the duties imposed upon said Commissioner by the provisions of this chapter;
(e) Sell, offer or expose, use or keep to be used, any weight or measure for weighing or measuring any article bought or sold or offered or exposed for sale, which is liable to indicate false or inaccurate weight or measure, or which does not conform to the standard established by law;
(f) Sell, offer or expose any weight or measure for weighing and/or measuring of products for sale without said weight or measure having been tested, marked and sealed by the Commissioner;
(g) Sell, offer or expose with intent to use the same for weighing and/or measuring products for sale, alter a weight or measure, after said weight or measure has been tested, marked and sealed by the Commissioner, if said alteration shall cause the device to fail to conform to the standards of this chapter;
(h) Sell, offer or expose for sale any product of any kind, the packaging and sale of which are under the person’s control, in quantities of less weight, measure, or count than the weight, measure or count represented to be contained on said package;
(i) Sell, offer or expose for sale less than the quantity he or she represents, nor take any more than the quantity he or she represents when, as buyer, he or she furnishes the weight or measure by means of which the quantity is determined;
(j) Misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
(Ord. No. 1668-91. Passed 10-21-91, eff. 10-28-91)
Whenever there shall exist a weight or measure in or about any building, enclosure, stand or vehicle in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure is regularly used for the business purposes of that place.
(Ord. No. 1241-91. Passed 6-17-91, eff. 6-26-91)
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