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§ 6-38 Weights and Measures Penalty Schedule.
   All citations are to Title 20 of the Administrative Code of the City of New York, Title 6 of the Rules of the City of New York, Article 16 of the New York Agriculture and Markets Law, or Title 1 of the New York Code, Rules, and Regulations.
   Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule.
   For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013.
   Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s).
 
Citation
Violation Description
First Violation
First Default
Second Violation
Second Default
Third and Subsequent Violation
Third and Subsequent Default
Admin Code
§ 20-584
Improper use of weighing or measuring device that has not been marked by the Department.
$75
$100
$90
$100
$100
$100
Admin Code
§ 20-585
Improper manufacturer or use of any dry or liquid measure unless it conforms to the standards provided by article sixteen of the agriculture and markets law.
$75
$100
$90
$100
$100
$100
Admin Code
§ 20-587
Improper sale or offer for sale of any commodity or article of merchandise at or for a greater weight or measure than its true weight or measure.
$75
$100
$90
$100
$100
$100
Admin Code
§ 20-590
Failure to repair a condemned weighing or measuring device.
$75
$100
$90
$100
$100
$100
Admin Code
§ 20-591
Improper interference with inspector.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-10
Failure to supplement weight or measure.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-12
Failure to have information in English.
$75*
$100*
$90
$100
$100
$100
6 RCNY
§ 3-21
Failure to meet the requirements of display of price by quantity.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-24
Failure to meet the requirement(s) for the use of scales or measuring devices in stores and markets.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-24(f)(2)
Failure to post sign informing customer that they may reweigh products
$75*
$100*
$90
$100
$100
$100
6 RCNY
§ 3-25
Failure to retain inspection certificate(s)
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-41
Failure to meet the requirements for markings on prepackaged foods.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-42
Failure to meet the requirements for markings on bread weight.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-54
Failure to meet the requirement(s) for the sale of meat, poultry, and seafood.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-55
Failure to meet the requirement(s) for labeling of frozen, defrosted or thawed and refrozen, meat, poultry, fish and products thereof.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-57
Improper colored lighting on meats
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-72
Failure to meet the requirements of weighing device in laundry.
$75
$100
$90
$100
$100
$100
6 RCNY
§ 3-81
Failure to meet the requirements for the purchase of gold, silver or precious metal.
$75
$100
$90
$100
$100
$100
NY Agri & Mkts
§ 184
Improper use of a condemned device or improper removal, obstruction, or defacement of a condemnation tag.
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 185
Improper use, removal, or failure to remove a device in violation of order.
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 186
Improper possession of a false weighing or measuring device or system.
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 190
Failure to comply with regulations pertaining to the method of sale of food and food products
$450
$600
$1,080
$1,200
$1,200
$1,200
NY Agri & Mkts
§ 191
Improper standardized packaging
$450
$600
$1,080
$1,200
$1,200
$1,200
1 NYCRR
§ 221.3
Improper declaration of identity
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.4
Improper declaration of responsibility
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.5
Improper declaration of quantity
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.6
Failure to comply with regulations pertaining to consumer package prominence and placement
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.7
Failure to comply with regulations pertaining to nonconsumer package prominence and placement
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.11
Improper variation
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.12
Improper method of sale of commodities
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.13
Improper method of sale of specific commodities
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.14
Net contents of containers not indicated on the outside
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.15
Improper sales slip
$300
$400
$720
$800
$800
$800
1 NYCRR
§ 221.16
Improper use of coin-operated devices
$300
$400
$720
$800
$800
$800
 
(Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 9/24/2019, eff. 10/24/2019)