363.991 Penalties.
779 words·~4 min read·
/ky/chapter-363/363-991A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any person who violates the provisions of KRS 363.420, 363.430 and 363.440 shall
be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200)
for the first offense; he or she shall be fined not less than five hundred dollars
($500) nor more than one thousand dollars ($1,000), and/or be confined in the
county jail for not less than sixty
(60)days nor more than one hundred twenty
days, for each subsequent offense.
(2)Any person who shall hinder or obstruct in any way the director, the deputy director,
or any one
(1)of the inspectors, or a sealer or deputy sealer, in the performance of
his official duties shall be guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than one hundred dollars ($100) nor more
than five hundred dollars ($500) or by imprisonment for not more than three
months, or by both such fine and imprisonment.
(3)Any person who shall impersonate in any way the director, the deputy director, or
any one
(1)of the inspectors, or a sealer or deputy sealer, by the use of his seal or a
counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than one hundred
dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for
not more than one
(1)year, or by both such fine and imprisonment.
(4)Any person who, by himself or by his servant or agent, or as the servant or agent of
another person, performs any one
(1)of the acts enumerated in paragraphs
through
(i)of this subsection shall, for each offense, be fined not less than one
hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for
not less than three
(3)months nor more than twelve
(12)months, or both.
(a)Use or have in possession for the purpose of using for any commercial
purpose specified in KRS 363.610, 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.
(b)Use, or have in possession for the purpose of current use for any commercial
purpose specified in KRS 363.610, a weight or measure that does not bear a
seal or mark such as is specified in KRS 363.650, unless such weight or
measure has been exempted from testing by the provisions of KRS 363.610 or
by a regulation of the director issued under the authority of KRS 363.590, or
unless the device has been placed in service as provided by a regulation of the
director issued under the authority of KRS 363.590.
(c)Dispose of any rejected or condemned weight or measure in a manner contrary
to law or regulation.
(d)Remove from any weight or measure, contrary to law or regulation, any tag,
seal, or mark placed thereon by the appropriate authority.
(e)Sell, or offer or expose for sale, less than the quantity he or she represents of
any commodity, thing, or service.
(f)Take more than the quantity he or she represents of any commodity, thing, or
service, when, as buyer, agent, or receiver, he or she furnishes the weight or
measure by means of which the amount of the commodity, thing, or service is
determined.
(g)Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any
commodity, thing, or service in a condition or manner contrary to law or
regulation.
(h)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 reasonably be
assumed by a customer.
(i)Violate any provision of KRS 363.510 to 363.850 or of the regulations
promulgated under the provisions of KRS 363.510 to 363.850 for which a
specific penalty has not been prescribed.
(5)Any person who fails to pay a fine or penalty assessed by the department, or fails to
remediate a violation identified by the department, in compliance with a deadline
for payment or remediation set forth by the department, shall be subject to a stop
operation order or a stop sale order from the department with respect to the
equipment, device, or motor fuel grade that is the subject of the fine, penalty, or
remediation.