 |
Oklahoma Administrative Code (Last Updated: March 11, 2021) |
 |
TITLE 35. Oklahoma Department of Agriculture, Food, and Forestry |
|
Chapter 3. Fine Matrices |
|
Subchapter 1. Fine Schedules |
|
Part 15. CONSUMER PROTECTION SERVICES VIOLATIONS |
SECTION 35:3-1-23. Violations of the Oklahoma Standard Weights and Measures Law
Latest version.
- (a) Failure to meet the requirements of Handbook 44 "Specifications, Tolerances, and Other Technical Requirements For Weighing and Measuring Devices" pursuant to 2 O.S. §14-34.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(b) Failure to meet the requirements of the "Uniform Packaging And Labeling Regulation" pursuant to 2 O.S. §14-35(2) and OAC 35:10-9-1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(c) Failure to repair a weighing and measuring device within the specified time pursuant to 2 O.S. §14-35(2) and (7).(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(d) Failure to meet the requirements of Handbook 133 "Checking The Net Contents Of Packaged Goods" pursuant to 2 O.S. §14-35(2) and (8) and OAC 35:10-11-1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(e) The average quantity of contents of packages in a lot, shipment, or delivery must equal or exceed the quantity printed on the label pursuant to 2 O.S. §14-35(2) and (8) and OAC 35:10.11.1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(f) The variation of individual package contents from the labeled quantity shall not exceed the maximum allowed Variation (MAV) on individual packages in the lot pursuant to 2 O.S. §14-35(2) and (8) and OAC 35:10.11.1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(g) Failure to meet the requirements of the "Uniform Regulations For The Method Of Sale Of Commodities" pursuant to 2 O.S. §14-35(2) and (3) and OAC 35:10-13-1.(1) First Violation - $100 to $500(2) Second Violation - $500 to $2500(3) Subsequent Violations - $2500 to $10,000(h) Failure to meet the requirements of the "National Type Evaluation Program (NTEP)" pursuant to 2 O.S. §14-35(2) and OAC 35:10-15-1 through 35:10-15-4.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(i) Failure to meet the requirements of the "Uniform Open Dating Regulation" pursuant to 2 O.S. §14-35(2) and (3) and OAC 35:10-17-1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(j) Failure to meet the requirements of the "Examination Procedures For Price Verification" pursuant to 2 O.S. §14-35(2) and OAC 35:10-19-1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(k) Failure to meet accuracy requirements for the appropriate sample size in column 4, 98% accuracy with one overcharge and one undercharge item pursuant to 2 O.S. §14-35(2) and OAC 35:10-19-1.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(l) Sold, offered, or exposed for sale any item for less than the quantity represented or took more than the represented quantity when the buyer furnishes the weight or measure that determines the quantity pursuant to 2 O.S. §14-38(1).(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(m) Represented the price or quantity of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count in any manner calculated or intended to mislead or deceive a person pursuant to 2 O.S. §14-38(2).(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(n) Use, or have in possession for use in Commerce, any incorrect weight or measure pursuant to 2 O.S. §14-42(1).(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(o) Remove any tag, seal, or mark from any weight or measure without specific written authorization from the proper authority pursuant to 2 O.S. §14-42(2).(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000(p) Hinder or obstruct any weights and measures official in performance of the duties of the official pursuant to 2 O.S. §14-42(3).(1) First Violation - $100 to $1000(2) Second Violation - $1000 to $5000(3) Subsequent Violations - $5000 to $10,000(q) Any other violation of the Oklahoma Standard Weights and Measures Law not otherwise addressed.(1) First Violation - $100 to $500(2) Second Violation - $250 to $750(3) Subsequent Violations - $500 to $1000