83-219. Unlawful acts; violations deemed a deceptive act and practice.

1,531 words·~7 min read·/ks/chapter-83/83-219

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)It shall be unlawful for any person to:

(1)Offer or expose for sale or to sell any weight, measure or weighing or measuring device that does not meet the tolerances and specifications required by this chapter or that has been rejected without first obtaining the written authorization of the secretary;

(2)use a weight, measure or weighing or measuring device for commercial purposes that does not meet the tolerance and specifications required by this chapter or that does not conform to the standard authorized by the secretary for determining the quantity of any commodity or article of merchandise, for the purpose of:

(A)Buying or selling any commodity or article of merchandise;

(B)computation of any charge for services rendered on the basis of weight or measure; or

(C)determining weight or measure, either when a charge is made for such determination or where no charge is made for use of such weight, measure, weighing or measuring device;

(3)except as allowed in K.S.A. 83-225 , and amendments thereto, break or remove any tag, mark or seal placed on any weighing or measuring device by the secretary or a county or city inspector of weights and measures without specific written authorization from the proper authority or to use a weighing or measuring device after the lapse of the authorized period following the placing of a rejection tag thereon by the secretary, unless further extension of time for any repair purposes is first obtained from the secretary to;

(4)sell, offer or expose for sale less than the represented quantity of any commodity, thing or service;

(5)take or attempt to take more of the represented quantity of any commodity, thing or service when the buyer furnishes the weight, measure or weighing or measuring device by which the amount of any commodity, thing or service is determined;

(6)keep for the purpose of sale, or to offer or expose for sale, or to sell any commodity in a manner contrary to the law or contrary to any rule and regulation;

(7)use in retail trade, except in preparation of packages of merchandise put up in advance of sale, a weighing or measuring device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from a reasonable customer position;

(8)violate any of the provisions of this chapter for which a specific penalty is not provided;

(9)sell or offer for sale or use or possess for the purpose of selling or using any device or instrument to be used or calculated to falsify any weight or measure;

(10)dispose of any rejected weight or measure in a manner contrary to law or rules and regulations;

(11)expose for sale, offer for sale or sell any commodity in package form, without such commodity being so wrapped, or the container so made, formed or filled, that it will not mislead the purchaser as to the quantity of the contents of the package;

(12)expose for sale, offer for sale or sell any commodity in any container in which the contents of the container fall below such reasonable standard of fill as may have been prescribed for the commodity in question by the secretary;

(13)misrepresent the price of any commodity or service sold, offered, exposed or advertised for sale by weight, measure or count, or represent the price in any manner calculated or tending to mislead or in any way deceive any person;

(14)misrepresent, or represent in a manner calculated or tending to mislead or deceive an actual or prospective purchaser, the price of an item offered, exposed or advertised for sale at retail;

(15)limit, exclude or otherwise fail to provide access to generic, store brand or less costly versions of products on electronic and online ordering applications or similar systems unless such items are out of stock or unavailable for in-store purchase;

(16)compute or attempt to compute at the time of sale of an item, a value that is not a true extension of a price per unit that is then advertised, posted or quoted;

(17)charge or attempt to charge, at the time of the sale of an item or commodity, a value that is more than the price that is advertised, posted or quoted;

(18)alter a weight certificate, use or attempt to use any such certificate for any load or part of a load or for articles or things other than for which the certificate is given, or, after weighing and before the delivery of any articles or things so weighted, alter or diminish the quantity thereof;

(19)hinder or obstruct the secretary in any way in the performance of the secretary's official duties under this chapter or to fail to produce, upon demand by the secretary, all weights, measures, balances, devices used for weighing, measuring or both, dispensing devices or electric vehicle supply equipment that are subject to the provisions of this chapter;

(20)fail to follow the standards and requirements established in K.S.A. 83-202 , and amendments thereto, or any rules and regulations adopted thereunder;

(21)fail to pay all fees and penalties as prescribed by this chapter;

(22)fail to keep or make available for examination or provide to the secretary all inspection reports, test reports and any other service reports or other information on any device owned or operated by the owner or any agent or employee of the owner and other information necessary for the enforcement of this chapter and as required by the secretary;

(23)fail to have any commercial weight or device used for weighing, measuring or both tested as required by this chapter;

(24)sell or offer or expose for sale liquefied petroleum gas in packages or containers that do not bear a statement as to tare and net weight as required by this chapter or packages or containers that bear a false statement as to weights;

(25)sell, use, remove, or otherwise dispose of, or fail to remove from the premises specified, any weighing or measuring device or package or commodity contrary to the terms of any order issued by the secretary;

(26)violate any order issued by the secretary pursuant to this chapter;

(27)prohibit a buyer or seller from observing the weighing or operation of any transaction to which such buyer or seller is a party;

(28)falsely make or alter or cause or procure to be falsely made or altered with intent to defraud, any scale ticket or other written record evidencing or relating to the weight of any personal property or any entry or item thereon; and

(29)for hire, weigh any vehicle at an attended public scale or issue any scale ticket or other written record evidencing or relating to the weight of such vehicle or the load thereon, unless such scale ticket or written record shows the date, time and place of the weighing and the signature of the weigher.

(b)It shall be unlawful for any service company or technical representative to knowingly:

(1)Act as or represent such person's self to be a technical representative without having a valid license issued by the Kansas department of agriculture;

(2)certify a device as correct unless the device meets the tolerances and specifications as required by this chapter;

(3)hinder or obstruct in any way the secretary in the performance of the secretary's official duties under this chapter;

(4)fail to follow the standards and requirements set forth in K.S.A. 83-202 , and amendments thereto, or any rules and regulations adopted thereunder;

(5)fail to complete the testing or placing-in-service report in its entirety and to report the accurate description of the parts replaced, adjusted, reconditioned or work performed;

(6)file a false or fraudulent service company or technical representative application or reports to the secretary;

(7)fail to pay all fees and penalties as prescribed by this chapter;

(8)fail to keep or make available for examination in an accessible and legible manner or provide to the secretary in a legible manner all inspection reports, test reports and any other service or report work information on any device that the service company or an agent or employee performed work on and other information necessary for the enforcement of this chapter; or

(9)sell, offer or expose for sale a device used for weighing, measuring or both intended to be used commercially that is not traceable to a national type evaluation program certificate of conformance.

(c)For the purpose of subsection (a)(4), the selling and delivery of a stated quantity of any commodity shall be prima facie evidence of representations on the part of the seller that the quantity sold and delivered was the quantity bought by the purchaser.

(d)Violation of this section shall be deemed a deceptive act and practice as defined by K.S.A. 50-626 , and amendments thereto. Violations of the provisions of this section, and amendments thereto, may be enforced by the secretary under the administrative provisions of this chapter or by the attorney general or a county or district attorney under the Kansas consumer protection act.