§ 76-6-507 — Deceptive business practices.

(1) (1)(a) As used in this section:
(1)(a)(i) "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
(1)(a)(ii) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.
(1)(b) Terms defined in Section 76-1-101.5 apply to this section.
(2) An actor commits deceptive business practices if the actor, in the course of business:

(2)(a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;
(2)(b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer the actor furnishes the weight or measure; or
(2)(c) sells, offers, or exposes for sale adulterated or mislabeled commodities.
(3) A violation of Subsection (2) is a class B misdemeanor.
(4) It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.
(5) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(6) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband, through Chapter 11c, Retention of Evidence.

Legislative History

Amended by Chapter 111, 2023 General Session