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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : TRADE AND COMMERCE
Chapter : Chapter 413 Weights and Measures
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As used in sections 413.005 to 413.229, unless the context
clearly indicates otherwise, the following words and terms mean:
(1) "Accurate", any piece of equipment that conforms to the standard
within applicable tolerance and other performance requirements;
(2) "Commercial weighing and measuring equipment", devices commercially
used in or employed to establish the size, quantity, extent, area or
measurement of quantities, things produced or articles for distribution
or consumption, purchased, offered or submitted for sale, hire or award,
or in computing any basic charge or payment for services rendered on the
basis of weight or measure, and includes any accessory attached to or
used in connection with a commercial weighing or measuring device when
such accessory is so designed or installed that its operation affects the
accuracy of the weighing or measuring device;
(3) "Correct", equipment that is accurate and it meets all applicable
specifications and requirements;
(4) "Director", the director of the department of agriculture, or his or
her designated representative;
(5) "Division", the division of weights and measures of the department of
agriculture;
(6) "Net mass" or "net weight", the weight of a commodity excluding any
materials, substances, or items not considered to be part of the
commodity, which include but are not limited to containers, conveyances,
bags, wrappers, packaging material, labels, individual piece coverings,
decorative accompaniments and coupons and packaging materials;
(7) "Package", any commodity of standard package or random package
enclosed in a container or wrapped in any manner in advance of wholesale
or retail sales, or whose weight or measure has been determined in
advance of wholesale or retail sale, and an individual item or lot of any
commodity on which there is marked a selling price based on an
established price per unit of weight or of measure, shall be considered a
package (or packages);
(8) "Person", includes individuals, partnerships, corporations,
companies, societies, and associations;
(9) "Point-of-sale system", an assembly of elements including a weighing
or measuring element, indicating element, and a recording element that
may be equipped with a "scanner" used to complete a direct sales
transaction;
(10) "Primary standards", the physical standards of the state that serve
as the legal reference from which all other standards for weights and
measures are derived;
(11) "Random weight packages", a package that is one of a lot, shipment
or delivery of packages of the same consumer commodity with no fixed
pattern of weights;
(12) "Sale from bulk", the sale of commodities when the quantity is
determined at the time of sale;
(13) "Secondary standards", the physical standards used in the
enforcement of weights and measures laws and regulations which are
traceable to the primary standards through comparisons, using acceptable
laboratory procedures;
(14) "Standard package", a package that is one of a lot, shipment or
delivery of packages of the same commodity with identical net contents
declarations;
(15) "Weight", as used in connection with any commodity or service means
net weight. Where the label declares that the product is sold by drained
weight, the term means net drained weight;
(16) "Weights and measures", instruments and devices of every kind, used
for weighing and measuring, and any appliance, accessory or object used
with or associated with the use of all such instruments and devices. (L.
1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
1. There is established a "Division of Weights and Measures"
within the department of agriculture. There shall be a director of
weights and measures and such other necessary technical, supervisory and
clerical personnel as may be required.
2. The compensation of all employees, the cost of all necessary equipment
and supplies, travel and contingent expenses for the division shall be
paid from appropriations for these purposes, made by the general assembly.
3. The division is charged with, but not limited to, performing the
following functions on behalf of the citizens of the state:
(1) Assuring that weights and measures in commercial service within the
state are suitable for their intended use, properly installed, accurate
and are so maintained by their owner or user;
(2) Preventing unfair or deceptive dealing by weight or measure in any
commodity or service advertised, packaged, sold or purchased within this
state;
(3) Making available to all users of physical standards or weighing and
measuring equipment the precision calibration and related metrological
certification capabilities of the weights and measures facilities of the
division;
(4) Promoting uniformity, to the extent practicable and desirable,
between weights and measures requirements of this state and those of
other states and federal agencies; and
(5) Encouraging and promoting desirable economic and agricultural growth
while protecting the public through the adoption by rule of weights and
measures requirements as necessary to assure equity among buyers and
sellers. (L. 1983 H.B. 729, A.L. 1994 H.B. 729, A.L. 2002 S.B. 1071)
The system of weights and measures in customary use in the
United States and the metric system of weights and measures are jointly
recognized. (L. 1983 H.B. 729, A.L. 1994 S.B. 729)
Weights and measures that are traceable to the United States
prototype standards supplied by the federal government, or approved as
being satisfactory by the National Institute of Standards and Technology,
shall be this state's primary standards of weights and measures, and
shall be maintained in such calibration as prescribed by the National
Institute of Standards and Technology. All secondary standards may be
prescribed by the director and shall be verified upon their initial
receipt and as often thereafter as deemed necessary by the director. (L.
1983 H.B. 729, A.L. 1994 S.B. 729)
The specification, tolerances, and other technical requirements
for commercial weighing and measuring devices as adopted by the National
Conference on Weights and Measures and published in the most recent
edition of National Institute of Standards and Technology Handbook 44,
"Specifications, Tolerances, and Other Technical Requirements for
Commercial Weighing and Measuring Devices", and supplement thereto or
revision thereof, shall apply to commercial weighing and measuring
devices in this state, except insofar as modified or rejected by state
regulations. (L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
The director shall:
(1) Maintain the traceability of the state standards to the national
standards in the possession of the National Institute of Standards and
Technology;
(2) Enforce the provisions of sections 413.005 to 413.229;
(3) Promulgate reasonable regulations for the enforcement of sections
413.005 to 413.229 in accordance with this section and chapter 536, RSMo;
(4) Prescribe, by regulation, requirements for packaging and labeling and
method of sale of commodities, adopt the Uniform Regulation for National
Type Evaluation (NTEP) as published by the National Institute of
Standards and Technology (NIST) in Handbook 130, and supplements thereto
or revisions thereof, and may establish standards of weight, measure or
count, requirements for unit pricing, open dating information, and
reasonable standards of fill for any packaged commodity;
(5) Test annually the standards for weights and measures used by any city
or county within this state, approve the same when found to be correct,
reject those found to be incorrect and not capable of adjustment, adjust
any incorrect standard which is capable of adjustment and approve same
for use;
(6) Inspect and test weights and measures commercially used in
determining the weight, measure, or count of commodities, things sold,
offered, or exposed for sale in computing the basic charge or payment for
services rendered on the basis of weight, measure, or count;
(7) Inspect and test all commercial devices at intervals deemed
appropriate by the director and specified by regulations promulgated
under the authority of this chapter, except that any subsequent test of
the same device in the same calendar year shall be to retest a rejected
device, conducted in conjunction with an investigation, or at the request
of the owner/operator of the device;
(8) Test all weights and measures used in checking the receipts or
disbursements of supplies in every institution which is maintained with
funds appropriated by the general assembly;
(9) Approve for use, and mark such commercial weights and measures as are
found to be correct. Reject and mark as rejected and order to be
corrected, replaced, or removed such commercial weights and measures as
are found to be incorrect. The director may seize such commercial weights
and measures that have been rejected and not corrected within the time
specified and have continued in commercial use, or are disposed of in a
manner not specifically authorized and may condemn and may seize such
commercial weights and measures that are not capable of being corrected;
(10) Weigh, measure, or inspect packaged commodities kept, offered, or
exposed for sale, sold, or in the process of delivery, to determine
whether they contain the amounts represented and whether they are kept,
offered, or exposed for sale in accordance with sections 413.005 to
413.229 or regulations promulgated pursuant to sections 413.005 to
413.229. In carrying out the provisions of this subdivision, the director
shall employ recognized sampling procedures, such as are adopted by the
National Conference on Weights and Measures and are published in the
National Institute of Standards and Technology Handbook 133, "Checking
the Net Contents of Packaged Goods";
(11) Prescribe, by regulation, the appropriate term or unit of weight or
measure to be used, whenever the director determines in the case of a
specific commodity that an existing practice of declaring the quantity by
weight, measure, numerical count, or any combination thereof, does not
facilitate value comparisons by consumers or offers an opportunity for
consumer confusion;
(12) No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo;
(13) The director may establish requirements for open dating information
and may promulgate regulations establishing a method of sale of
commodities. (L. 1983 H.B. 729, A.L. 1993 S.B. 52, A.L. 1994 S.B. 729,
A.L. 1995 S.B. 3, A.L. 2002 S.B. 1071)
When necessary for the enforcement of sections 413.005 to
413.229 or regulations promulgated under sections 413.005 to 413.229, the
director may:
(1) Enter any commercial premises during normal business hours; except
that, in the event such premises are not open to the public, she/he shall
first present his or her credentials and obtain consent before making
entry thereto, unless a search warrant has previously been obtained;
(2) Seize, for use as evidence, without formal warrant, any incorrect or
unapproved weight, measure, package, or commodity found to be used,
retained, offered, or exposed for sale or sold in violation of the
provisions of sections 413.005 to 413.229 or regulations promulgated
thereunder;
(3) Stop any commercial vehicle, present his or her credentials, inspect
the contents, and require the person in charge of that vehicle to produce
any documents in his or her possession concerning the contents, and may
require such person to proceed with the vehicle to some specified place
for a more thorough inspection;
(4) Verify advertised prices and point-of-sale systems, as deemed
necessary to determine the accuracy of prices and computations and the
correct use of the equipment, and if such systems utilize scanning or
coding means in lieu of manual entry, the accuracy of price printed or
recalled from a database. In carrying out the provisions of this section,
the director shall employ recognized procedures, such as are designated
in the most recent edition of National Institute of Standards and
Technology Handbook 130, "Examination Procedures for Price Verification";
issue necessary rules and regulations regarding the accuracy of
advertised prices and automated systems for retail price charging
(referred to as "point-of- sale systems") for the enforcement of this
section which shall have the force and effect of law; and conduct
investigations to ensure compliance;
(5) Grant any exemptions from the provisions of sections 413.005 to
413.229 or any regulations promulgated thereunder, when appropriate to
the maintenance of good commercial practices;
(6) Issue stop sale, stop use, hold or removal orders with respect to any
weights and measures commercially used, to any packaged or bulk
commodities kept, offered or exposed for sale contrary to the provisions
of this act, and cease and desist orders with respect to any practices
made unlawful by this chapter, which order shall remain in effect until
sections 413.005 to 413.229 have been complied with. The owner or
operator of the business or operation to which the order was issued shall
have the right to take such steps necessary to bring the device,
commodity or practice into compliance, and shall also have the right to
appeal from such order to the circuit court of the county in which the
order was issued. Failure to comply with the provisions of the order
shall be deemed an unlawful act. (L. 1983 H.B. 729, A.L. 1994 S.B. 729,
A.L. 2002 S.B. 1071)
Weights and measures officials of any county or city shall
perform the same duties as are imposed on the director by subdivisions
(7) to (11) of section 413.065, and except for subdivision (5) of section
413.075 shall have the same powers granted to the director by section
413.075. These powers and duties shall extend to their respective
jurisdictions; except that, the jurisdiction of a county official shall
not extend into a city nor a city into a county which has a weights and
measures program of its own. The foregoing provisions notwithstanding,
the director shall have concurrent authority to enforce the provisions of
sections 413.005 to 413.229 in any city or county within this state. (L.
1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
1. Except as otherwise provided by the director, or by firmly
established trade custom and practice:
(1) Commodities in liquid form shall be sold by liquid measure or by
weight; and
(2) Commodities not in liquid form shall be sold by weight, measure or by
count.
2. The method of sale of any commodity shall provide sufficiently
accurate and adequate quantity information to permit the buyer to make
reasonable price and quantity value comparisons. (L. 1983 H.B. 729, A.L.
1994 S.B. 729)
A person commits the crime of false or misleading advertising
if, in connection with the promotion of the sale of, or to increase the
consumption of any commodity or service, sold, offered, exposed or
advertised for sale, rent or lease by weight, measure or count, he or she
recklessly makes or causes to be made any statement or representation
which is false, calculated to, or tends to mislead or in any way deceive
a person. (L. 1983 H.B. 729, A.L. 1994 S.B. 729)
A person commits the crime of deceptive business practice if in
the course of engaging in a business, occupation or profession, he or she
recklessly:
(1) Uses commercially an incorrect, rejected or condemned weight or
measure, or any other device for falsely determining or recording any
quality or quantity; or
(2) Sells, offers or exposes for sale, or delivers less than the
represented quantity of any commodity or service; or
(3) Takes or attempts to take more than the represented quantity of any
commodity or service when as buyer he or she furnishes the weight or
measure by means of which the quantity is determined; or
(4) Sells, offers or exposes for sale misbranded commodities; or
(5) Misrepresents the quantity or price of any commodity or service sold,
offered, exposed or advertised for sale, rent or lease by weight, measure
or count. (L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
All bulk sales in which the buyer and seller are not both
present to witness the measurement shall be accompanied by a delivery
ticket containing the following information:
(1) The name and address of the buyer and the seller;
(2) The date delivered;
(3) The quantity delivered and the quantity upon which the price is
based, if this differs from the delivered quantity;
(4) The identity in the most descriptive terms commercially practicable,
including any quality representation made in connection with the sale;
(5) The count of individually wrapped packages, if more than one,
including commodities bought from the bulk but delivered in packages. (L.
1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
The director is authorized to conduct such investigations as
deemed appropriate to resolve complaints, develop information on
prevailing procedures in commercial quantity determination and on
possible violations of the provisions of sections 413.005 to 413.229. (L.
1983 H.B. 729, A.L. 1994 S.B. 729)
*No continuity with § 413.130 as repealed by L. 1983 H.B. 729.
No person shall:
(1) Sell, offer for sale or install for use as a commercial device any
incorrect weight or measure;
(2) Remove from any weight or measure any tag, seal or mark placed
thereon by the director, without written authorization from the director;
(3) Dispose of any rejected or condemned weight or measure in a manner
contrary to law or regulation;
(4) Obstruct, hinder, impair or prevent the performance of a governmental
function by a weights and measures official by the use or threat of
violence, force or other physical interference or obstacle;
(5) Use, or have in possession for current use as a commercial device,
any weight or measure that has not been inspected and sealed by the
director within the time specified by this act or regulation promulgated
hereunder, except that this subdivision does not apply if the director
has been notified that a device is available for inspection or
reinspection and the director grants or has granted authorization for its
temporary commercial use pending an official inspection;
(6) Use in retail trade a weight or measure that is not positioned so
that its indications may be accurately read and the weighing or measuring
operation observed from some position which may be reasonably assumed by
the customer and operator. Devices used for medical prescription and
those used exclusively to prepare packages in advance of retail sale are
exempt from this requirement;
(7) Keep for the purpose of sale, advertise, offer or expose for sale or
sell any commodity, thing or service in a condition or manner contrary to
law or regulation. (L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B.
1071)
The display of a taximeter shall be programmed to increment in
uniform whole cent money values, at one-tenth of a mile intervals for
distance, and at uniform time intervals. The uniform intervals for
distance and time apply to both the initial and subsequent intervals. (L.
1998 H.B. 1856)
Except as otherwise provided in sections 413.005 to 413.229 or
by regulations promulgated thereunder, any package whether a random or a
standard package, kept for the purpose of sale, or offer or exposure for
sale, shall bear on the outside of the package a definite, plain, and
conspicuous declaration of:
(1) The identity of the commodity in the package, unless the same can
easily be identified through the wrapper or container;
(2) The quantity of contents in terms of weight, measure, or count; and
(3) The name and place of business of the manufacturer, packer or
distributor, in the case of any package kept, offered or exposed for
sale, or sold in any place other than on the premises where packed. (L.
1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
In addition to the declarations required by section 413.145, any
package being one of a lot containing random weights of the same
commodity, at the time it is offered or exposed for sale at retail, shall
bear on the outside of the package a plain and conspicuous declaration of
the price per kilogram or pound and the total selling price of the
package. (L. 1983 H.B. 729, A.L. 2002 S.B. 1071)
A representation or an advertisement for the sale of a commodity
by weight, measure or count, whether packaged or unpackaged, which states
the retail price, shall also contain a clear and conspicuous declaration
of the quantity in terms of weight, measure or count, to include any size
or dimension designation. Where a dual declaration is required, only the
declaration that sets forth the quantity in terms of the largest whole
unit with any remainder expressed in fractions of weight or measure
required by law or regulation to appear on the package need appear in the
advertisement. (L. 1983 H.B. 729, A.L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
No person shall sell or install for commercial use within the
state of Missouri any weighing or measuring device that does not meet all
of the specifications, tolerances, and technical requirements of a
commercial device as established by the most recent edition of National
Institute of Standards and Technology Handbook 44. Any device sold, not
meeting these requirements, shall be identified by the seller or
manufacturer as a not-legal-for-trade device by labeling the device as
such or by a statement on an accompanying invoice declaring that the
device is not suitable for commercial use. (L. 1993 H.B. 729, A.L. 1994
S.B. 729)
No person shall impersonate the director or any of his or her
inspectors, by the use of his seal or a counterfeit of his seal, or in
any other manner whatsoever. (L. 1983 H.B. 729, A.L. 1994 S.B. 729)
The prosecuting attorney of any county in which a violation of
any provision of this chapter occurs or the attorney general of the state
is hereby authorized to apply to any court of competent jurisdiction for,
and such court shall have jurisdiction upon hearing and for cause shown
to grant, a temporary or permanent injunction to restrain any person from
violating any provision of this chapter. (L. 1983 H.B. 729, A.L. 1994
S.B. 729)
Whenever there shall exist a weight or measure or weighing or
measuring device in or about any place in which or from which buying or
selling is commonly carried on, there shall be a rebuttable presumption
that such weight or measure, or weighing or measuring device, is
regularly used for the business purposes of that place. (L. 1983 H.B. 729)
1. There is established a fee for registration, inspection and
calibration services performed by the division of weights and measures.
The fees are due at the time the service is rendered and shall be paid to
the director by the person receiving the service. The director shall
collect fees according to the following schedule and shall deposit them
with the state treasurer into general revenue for the use of the state of
Missouri:
(1) From August 28, 1994, until the next January first, laboratory fees
for metrology calibrations shall be at the rate of twenty-five dollars
per hour for tolerance testing and thirty-five dollars per hour for
precision calibration. Time periods over one hour shall be computed to
the nearest hour. On the first day of January, 1995, and each year
thereafter, the director of agriculture shall ascertain the total
receipts and expenses for the metrology calibrations during the preceding
year and shall fix a fee schedule for the ensuing year at a rate per hour
which shall not exceed sixty dollars per hour for either method but shall
not be less than twenty-five dollars per hour for tolerance testing and
thirty-five dollars per hour for precision calibration, as will yield
revenue not more than the total cost of operating the metrology
laboratory during the ensuing year;
(2) From August 28, 1994, until the next January first, all scale test
fees shall be charged as follows:
(a) Small scales shall be five dollars for each counter scale, ten
dollars for platform scales up to one thousand-pound capacity, and twenty
dollars for each platform scale over one thousand-pound capacity;
(b) Vehicle scales shall be fifty dollars each for the initial test and
seventy-five dollars for each subsequent test within the same calendar
year;
(c) Livestock scales shall be seventy-five dollars each for the initial
test, and one hundred dollars for each subsequent test within the same
calendar year;
(d) Hopper scales with a capacity of one thousand pounds or less shall be
ten dollars each; for each hopper scale with a capacity of more than one
thousand pounds up to and including two thousand pounds, the fee shall be
twenty dollars; for each hopper scale with a capacity of more than two
thousand pounds up to and including ten thousand pounds, the fee shall be
fifty dollars; and for those hopper scales with a capacity of more than
ten thousand pounds, the test fee shall be seventy-five dollars each;
(e) Railroad scales shall be fifty dollars each;
(f) Monorail scales shall be twenty-five dollars each for the initial
test and fifty dollars for each subsequent test in the same calendar year;
(g) Participation in on-site field evaluations of devices for National
Type Evaluation Program certification and all tests of in-motion scales
including but not limited to vehicle, railroad and belt conveyor scales
will be charged at the rate of thirty dollars per hour, plus mileage from
the inspector's official domicile to and from the inspection site. The
time shall begin when the state inspector performing the inspection
arrives at the site to be inspected and shall end when the final report
is signed by the owner/operator and the inspector departs;
(3) From August 28, 1994, until the next January first, certification of
taximeters shall be five dollars per meter; timing devices, five dollars
per device; fabric-measuring devices, wire- and cordage-measuring
devices, five dollars per device; milk for quantity determination,
twenty-five dollars per plant inspected;
(4) From August 28, 1994, until the next January first, certification of
vehicle tank meters shall be twenty-five dollars each for the initial
test and fifty dollars for each subsequent test in the same calendar year;
(5) Every person shall register each location of such person's place of
business where devices or instruments are used to ascertain the moisture
content of grains and seeds offered for sale, processing or storage in
this state with the director and shall pay a registration fee of ten
dollars for each location so registered and a fee of five dollars for
each additional device or instrument at such location. Thereafter, by
January thirty-first of each year, each person who is required to
register pursuant to this subdivision shall pay an annual fee of ten
dollars for each location so registered and an additional five dollars
for each additional machine at each location. The fee on newly purchased
devices shall be paid within thirty days after the date of purchase.
Application for registration of a place of business shall be made on
forms provided by the director and shall require information concerning
the make, model and serial number of the device and such other
information as the director shall deem necessary. Provided, however, this
subsection shall not apply to moisture-measuring devices used exclusively
for the purpose of obtaining information necessary to manufacturing
processes involving plant products. In addition to fees required by this
subdivision, a fee of ten dollars shall be charged for each device
subject to retest.
2. On the first day of January, 1995, and each year thereafter, the
director of agriculture shall ascertain the total receipts and expenses
for the testing of weighing and measuring devices referred to in
subdivisions (2), (3), (4) and (5) of subsection 1 of this section and
shall fix the fees or rate per hour for such weighing and measuring
devices to derive revenue not more than the total cost of the operation,
but such fees shall not be fixed in amounts less than the amounts
contained in subdivisions (2), (3), (4) and (5) of subsection 1 of this
section.
3. Except as indicated in paragraphs (b), (c), and (f) of subdivision (2)
and subdivisions (4) and (5) of subsection 1, retests for any device
within the same calendar year will be charged at the same rate as the
initial test. Devices being retested in the same calendar year as a
result of rejection and repair are exempt from the requirements of this
subsection.
4. All device inspection fees shall be paid within thirty days of the
issuance of the original invoice. Any fee not paid within ninety days
after the date of the original invoice will be cause for the director to
deem the device as incorrect and it may be condemned and taken out of
service, and may be seized by the director until all fees are paid.
5. No fee provided for by this section shall be required of any person
owning or operating a moisture-measuring device or instrument who uses
such device or instrument solely in agricultural or horticultural
operations on such person's own land, and not in performing services,
whether with or without compensation, for another person. (L. 1983 H.B.
729, A.L. 1994 S.B. 729, A.L. 1997 H.B. 528, A.L. 2002 S.B. 1071)
The provisions of sections 413.005 to 413.229 shall not apply to:
(1) Any gas, water or electric meter used or intended to be used for
measuring or ascertaining the quantity of gas or electric current used
for light, heat or power, or the quantity of water, furnished by any
person or corporation to or for the use of any person;
(2) Any measuring device used by any person, firm, or corporation selling
at retail or wholesale gasoline, diesel fuel, heating oil, kerosene, or
jet fuel subject to inspection in accordance with chapter 414, RSMo;
(3) Any liquid meter used for the measurement and retail sale of
liquefied petroleum gas or compressed natural gas subject to inspection
in accordance with chapter 323, RSMo. (L. 1994 S.B. 729)
1. Any person found to be in violation of any provision of this
chapter shall be issued a notice of violation. The notice shall state the
date issued, the name and address of the person to whom issued, the
nature of the violation, the statute or regulation violated, and the name
and position of the person issuing the notice. The notice shall also
contain a warning that the violation may result in an informal or formal
administrative hearing or both.
2. Any person issued a notice of violation may be afforded an opportunity
by the director to explain such facts at an informal hearing to be
conducted within fourteen days of such notification. In the event that
such person fails to timely respond to such notification or upon
unsuccessful resolution of any issues relating to an alleged violation,
such person may be summoned to a formal administrative hearing before the
director or a designated hearing officer conducted in conformance with
chapter 536, RSMo, and may be ordered to cease and desist from such
violations, such order may be enforced in the circuit court, and, in
addition, may be required to pay a penalty of not more than five hundred
dollars per violation. Any party to such hearing aggrieved by a
determination of a hearing officer may appeal to the circuit court of the
county in which the party resides, or if the party is the state, in Cole
County, in accordance with chapter 536, RSMo.
3. Any penalty assessed and collected by the director shall be deposited
with the state treasurer to the credit of the general revenue fund of the
state.
4. Undercharges to consumers are not violations pursuant to this section.
(L. 1994 S.B. 729, A.L. 1997 H.B. 528, A.L. 2002 S.B. 1071)
1. Any person found in violation of any provisions of this
chapter shall be deemed guilty of a class A misdemeanor.
2. Any person found to have purposely violated any provisions of this
chapter, has been previously convicted twice for the same offense under
the misdemeanor provisions of this section, or uses or has in his or her
possession for use a commercial device which has been altered to
facilitate the commission of fraud shall be deemed guilty of a class D
felony.
3. The prosecutor of each county in which a violation occurs shall be
empowered to bring an action hereunder. If a prosecutor declines to bring
such action, the attorney general may bring an action instead, and in so
doing shall have all of the powers and jurisdiction of such prosecutor.
(L. 1994 S.B. 729, A.L. 2002 S.B. 1071)
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