4142 - Prohibited acts.

     § 4142.  Prohibited acts.        (a)  General rule.--It shall be unlawful:            (1)  To use or have in possession for the purpose of        using for any commercial purpose specified in section 4112        (relating to general testing and inspections), sell, offer or        expose for sale or hire or have in possession for the purpose        of selling or hiring an incorrect weight or measure or any        device or instrument used to or calculated to falsify any        weight or measure.            (2)  To use or have in possession for the purpose of        current use for any commercial purpose specified in section        4112 a weight or measure that does not bear a seal or mark        such as specified in section 4119 (relating to disposition of        correct and incorrect apparatus) unless such weight or        measure has been exempted from testing by provisions of        section 4112 or by regulation of the department issued under        the authority of section 4110 (relating to specific powers        and duties of department; regulations).            (3)  To dispose of any rejected or condemned weight or        measure in a manner contrary to law or regulation.            (4)  To remove from any weight or measure contrary to law        or regulation any tag, seal or mark placed thereon by the        appropriate authority.            (5)  To sell, offer or expose for sale less than the        represented quantity of any commodity, thing or service,        provided, however, that, if a commodity is prepackaged by        someone other than the possessor, the possessor shall not be        deemed to have made a representation within the purview of        this subsection if the representation appears on the label of        the prepackaged commodity.            (6)  To take more than the quantity he represents of any        commodity, thing or service when, as buyer, he furnishes the        weight or measure by means of which the amount of the        commodity, thing or service is determined.            (7)  To keep for the purpose of sale, advertise, offer or        expose for sale or sell any commodity except commodities        prepackaged by someone other than the possessor, or service        in a condition or manner contrary to law or regulation.            (8)  To use in retail trade, except in the preparation of        packages put up in advance of sale and of medical        prescriptions, a weight or measure that is not so positioned        that its indications may be accurately read and the weighing        or measuring operation observed from some position which may        be reasonably assumed by a customer.            (9)  To violate any provision of this subchapter or of        the regulations promulgated under the provisions of this        subchapter for which a specific penalty has not been        prescribed.        (b)  Offenses by inspectors and sealers of weights and     measures.--It shall be unlawful for any inspector or sealer:            (1)  To use any tests or standards, or to attempt to use        the same, in ascertaining the correctness or accuracy of        weights and measures until such comparisons are made and        their accuracy established and a certificate of conformance        issued therefor as provided by this chapter.            (2)  To manufacture, sell or offer to sell any weighing        or measuring device used in the sale of commodities.            (3)  To repair, adjust or offer to repair or adjust any        weighing or measuring device.        Cross References.  Section 4142 is referred to in section     4191 of this title.