Title 40 — Title 40 — Trade And Commerce
32 chapters · 686 sections in this title.
W.S. § 40-10-101 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-102 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-103 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-104 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-105 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-106 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-107 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-108 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-109 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-110 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-111 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-112 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-113 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-114 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-115 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-116 Repealed By Laws 1993, ch
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Repealed By Laws 1993, ch. 160, § 3.
W.S. § 40-10-117 Definitions
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Definitions. (a) Repealed By Laws 2009, Ch. 191, § 2. (b) As used in this chapter: (i) "Accreditation" means a formal recognition by the national institute of standards and technology, as a laboratory that is competent to carry out specific tests or calibrations or types of tests…
W.S. § 40-10-118 Recognized systems
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Recognized systems. The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one (1) or both of these systems shall be used for all commercial purposes in the state. The definitions o…
W.S. § 40-10-119 Physical standards
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Physical standards. Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved by the United States Department of Commerce National Institute of Standards and Technology, shall be the state primary standards of…
W.S. § 40-10-120 Technical requirements for weighing and measuring devices
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Technical requirements for weighing and measuring devices. (a) The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering and other weighing and measuring devices as adopted by the National Conference on Weights and Measures a…
W.S. § 40-10-121 Department of agriculture duties and powers
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Department of agriculture duties and powers. (a) The department of agriculture shall perform the following functions: (i) Assure that weights and measures in commercial service within the state are suitable for their intended use, properly installed and accurate, and are so maint…
W.S. § 40-10-122 (a) Powers and duties of the director
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(a) Powers and duties of the director. The director shall: (i) Maintain traceability of the state standards to the national standards established by the United States Department of Commerce National Institute of Standards and Technology as demonstrated through laboratory recognit…
W.S. § 40-10-123 Special enforcement powers
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Special enforcement powers. (a) When necessary for the enforcement of this act or rules and regulations promulgated pursuant to this act, the director is: (i) Authorized to enter any commercial premises open to the public during normal business hours. If the premises are not open…
W.S. § 40-10-124 Powers and duties of local officials
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Powers and duties of local officials. Any weights and measures official appointed for a county or city shall have the duties and powers enumerated in this act, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respect…
W.S. § 40-10-125 (a) Misrepresentation of quantity or pricing
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(a) Misrepresentation of quantity or pricing. No person shall: (i) Sell, offer or expose for sale less than the quantity represented; (ii) Take more than the represented quantity when he furnishes the weight or measure by means of which the quantity is determined; or (iii) Repres…
W.S. § 40-10-126 Method of sale
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Method of sale. (a) Except as otherwise provided by the director, or by firmly established trade custom and practice: (i) Commodities in liquid form shall be sold by liquid measure or by weight; and (ii) Commodities not in liquid form shall be sold by weight, by measure or by cou…
W.S. § 40-10-127 Sale of gasoline and distillates on other than gross volume basis unlawful; exception; "sale" defined
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Sale of gasoline and distillates on other than gross volume basis unlawful; exception; "sale" defined. (a) Except as provided in subsection (b) of this section, the sale of gasoline and distillates, excluding liquified petroleum gas, on a temperature corrected basis or on any bas…
W.S. § 40-10-128 Sale from bulk
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Sale from bulk. (a) Except when the parties agree in advance that a delivery ticket is not required, 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: (i) Th…
W.S. § 40-10-129 Information required on packages
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Information required on packages. (a) Except as otherwise provided in this act or by rule or regulation promulgated pursuant to this act, any package kept for the purpose of sale or offered or exposed for sale shall bear on the outside of the package a definite, plain and conspic…
W.S. § 40-10-130 packages
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packages. Declarations of unit price on random weight In addition to the declarations required by W.S. 40-10-128, any package in a lot containing random weights of the same commodity shall include on the outside of the package a plain and conspicuous declaration of the price per …
W.S. § 40-10-131 Advertising packages for sale
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Advertising packages for sale. Whenever a packaged commodity is advertised with the retail price stated, there shall be a conspicuous declaration of quantity on the package.
W.S. § 40-10-132 (a) Prohibited acts
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(a) Prohibited acts. No person shall: (i) Use or possess any incorrect weight or measure for use in commerce; (ii) Sell or offer for sale any incorrect weight or measure for use in commerce; (iii) Remove any tag, seal or mark from any weight or measure or weighing or measuring de…
W.S. § 40-10-133 Criminal penalties
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Criminal penalties. Any person who commits any of the acts enumerated in W.S. 40-10-132 is guilty of a misdemeanor, and upon a first conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or imprisonment for not more than three (3) months, …
W.S. § 40-10-134 Restraining order and injunction
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Restraining order and injunction. The director is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this act.
W.S. § 40-10-135 Presumptive evidence
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Presumptive evidence. 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 the weight or measure or weighing or measuring …
W.S. § 40-10-136 License required; fee
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License required; fee. (a) Every person who owns or is responsible for a weight, measure, weighing or measuring device regulated by this act shall obtain an annual license for each establishment on or before April 1 from the department and pay a fee as provided in this subsection…