Title 40, Title 40 — Trade And Commerce
32 chapters · 559 sections in this title.
W.S. § 40-3-119 Receiver's power to acquire and dispose of property
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Receiver's power to acquire and dispose of property. Any receiver appointed pursuant to W.S. 40-3-118 has the power to sue for, collect, receive and take into his possession all the goods and chattels, rights and credits, monies and effects, land and tenements, books, records, do…
W.S. § 40-3-120 Civil penalty for willful violation; willful violation defined
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Civil penalty for willful violation; willful violation defined. In any action brought pursuant to this act, if the court finds that any person has engaged in prohibited activities in willful violation of or in reckless disregard for any provision of this act, the attorney general…
W.S. § 40-3-121 Property acquisition and disposition remedy available in action for private remedy
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Property acquisition and disposition remedy available in action for private remedy. The remedy provided by W.S. 40-3-119 is available to any person in any action brought for a private remedy against any multilevel distribution company or any distributor in the multilevel distribu…
W.S. § 40-3-122 Penalties for violations; other criminal remedies unimpaired
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Penalties for violations; other criminal remedies unimpaired. Any person who willfully violates any provision of this act, or who willfully violates any rule or order under this act, shall upon conviction be fined not more than five hundred dollars ($500.00) or imprisoned in a co…
W.S. § 40-3-123 Limitation of actions
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Limitation of actions. No action shall be maintained to enforce any liability created under this act unless brought before the expiration of three (3) years after the act or transaction constituting the violation or the expiration of one (1) year after the discovery by the plaint…
W.S. § 40-3-124 Causes of action under other law unimpaired
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Causes of action under other law unimpaired. Nothing in this act shall in any way affect causes of action arising under other laws of this state or under the common law brought by any private person.
W.S. § 40-3-125 Severability of provisions
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Severability of provisions. If a part of this act is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this act is invalid in one (1) or more of its applications, the part remains in effect in all valid applications that are severabl…
W.S. § 40-4-101 (v) Recover actual damages or restitution on behalf of the state and its agencies that are injured either directly or indirectly by reason of any violation of this act
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(v) Recover actual damages or restitution on behalf of the state and its agencies that are injured either directly or indirectly by reason of any violation of this act. (b) The attorney general may bring a civil action in the name of the state of Wyoming as parens patriae on beha…
W.S. § 40-4-104 Criminal enforcement and penalties
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Criminal enforcement and penalties. (a) Any person, firm, corporation or other entity violating any of the provisions of this act shall be fined in any sum not more than fifty thousand dollars ($50,000.00) per violation of this act, or by imprisonment in the county jail not excee…
W.S. § 40-4-105 Cumulative remedies
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Cumulative remedies. Nothing in this act shall be construed as repealing any other act or part of an act, but the remedies herein provided shall be cumulative to all other remedies, provided by law.
W.S. § 40-4-107 For pharmaceuticals, for the purposes of this subsection, prices are identical if they are identical for a supply for a defined period of time even though the physical quantities of pharmaceuticals ma
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For pharmaceuticals, for the purposes of this subsection, prices are identical if they are identical for a supply for a defined period of time even though the physical quantities of pharmaceuticals may be different. (b) Any person, firm or corporation who performs work upon, reno…
W.S. § 40-4-109 Proof of intent; cost survey as evidence of cost
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Proof of intent; cost survey as evidence of cost. In any injunction proceeding or in the prosecution of any person as officer, director or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm or corporation for whom or which he acts. Where a p…
W.S. § 40-4-110 Persons, agreements and transactions exempted from W.S
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Persons, agreements and transactions exempted from W.S. 40-4-107 and 40-4-109. (a) The provisions of W.S. 40-4-107 and 40-4-109 shall not apply to any sale made: (i) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing his trade in a…
W.S. § 40-4-114 Enjoining violations; recovery of damages
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Enjoining violations; recovery of damages. (a) Any person, firm, private corporation or trade association, having a reasonably foreseeable physical and economic causal nexus to the specific act or acts alleged to be a violation, may maintain an action to enjoin a continuance of a…
W.S. § 40-4-114.1 Civil investigations by the attorney general
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Civil investigations by the attorney general. (a) Whenever the attorney general has probable cause to believe that any person, firm, corporation or other entity, whether foreign or domestic, has engaged in or is engaging in a violation of any provision of this act or of any provi…
W.S. § 40-4-114.2 Civil enforcement by the attorney general
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Civil enforcement by the attorney general. (a) Whenever the attorney general has reasonable cause to believe that any person, firm, corporation or other entity, foreign or domestic, has engaged in, is engaging in or is about to engage in any action or practice that is unlawful un…
W.S. § 40-4-122 Requiring construction of particular building to maintain agency or dealership
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Requiring construction of particular building to maintain agency or dealership. Any manufacturer, or any jobber or distributor for any manufactured product, or any salesman, agent or representative of any such manufacturer, jobber or distributor who requires, or attempts to requi…
W.S. § 40-4-123 Requiring purchase of accessories to maintain agency or dealership
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Requiring purchase of accessories to maintain agency or dealership. Any manufacturer, or any jobber or distributing agent for any manufactured product, or any salesman, agent or representative of any such manufacturer, jobber or distributor, who requires, or attempts to require, …
W.S. § 40-7-101 Products must conform to standards
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Products must conform to standards. No antifreeze product, engine fuel or petroleum product shall be sold or offered for sale in the state of Wyoming, unless it conforms to the standards of quality prescribed in this act or rules promulgated under it.
W.S. § 40-7-102 Definitions
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Definitions. (a) As used in this act: (i) "Antifreeze manufacturer" means any person who packages antifreeze products in containers for storage, distribution or sale in this state; (ii) "Antifreeze products" means any fluid which will prevent freezing or enhance cooling efficienc…
W.S. § 40-7-103 Board to promulgate standards
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Board to promulgate standards. (a) The board shall promulgate rules and standards of quality for products to implement this act, including the adoption of ASTM or other appropriate standards or specifications and definitions for products not defined in this chapter, subject to th…
W.S. § 40-7-104 Penalty for violations
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Penalty for violations. Any person violating any of the provisions of this act is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
W.S. § 40-7-105 Enforcement
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Enforcement. The director shall enforce this act and may periodically collect samples of petroleum, engine fuel and antifreeze products for analysis from pipelines, storage tanks and transport tanks at refineries, intermediate storage and dispensing facilities and every storage t…
W.S. § 40-7-106 Seizure and sale
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Seizure and sale. Any product sold, stored, transported or offered for sale as a petroleum product, engine fuel or antifreeze in this state which does not conform to the provisions of this act or rules promulgated under it shall be seized by the director and sold in accordance wi…
W.S. § 40-7-107 Analysis by state chemist; ASTM standards to apply
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Analysis by state chemist; ASTM standards to apply. (a) The state chemist shall make, or cause to be made under his direction, analysis and examinations of the petroleum and antifreeze products furnished to him by the director, or his deputies, to determine whether the products c…
W.S. § 40-7-109 Exemption for retail dealer
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Exemption for retail dealer. No retail dealer shall be subject to penalties under this act if he relied on a written guarantee or invoice from a wholesaler or supplier that the products delivered complied with this act.
W.S. § 40-7-110 Antifreeze must be approved by state chemist
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Antifreeze must be approved by state chemist. No antifreeze dealer shall sell or offer for sale any antifreeze product which has not been approved by the state chemist and registered with the department on forms prescribed by the department. Registration forms shall only be submi…
W.S. § 40-7-111 Electronic transmittals
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Electronic transmittals. The director may allow the testing, inspection and reporting requirements of this chapter to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40-21-101 through 40-21-119 and any applicable federal electronic requirem…
W.S. § 40-9-101 Standard natural gas defined
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Standard natural gas defined. (a) For the purpose of this chapter standard natural gas shall be considered to have an average standard of heating units of not less than one thousand (1,000) British thermal units per cubic foot of gas, ascertained and determined by the state chemi…
W.S. § 40-9-102 Factors to be considered in fixing rates
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Factors to be considered in fixing rates. The standard of heating units herein prescribed and any variations therefrom, in any gas distributed by any utility, or utilities, to users of natural gas, shall be taken into consideration by the public service commission as an additiona…
W.S. § 40-9-103 Tests and report of state chemist upon complaint; use of results as evidence and in fixing rates
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Tests and report of state chemist upon complaint; use of results as evidence and in fixing rates. Whenever any complaint is made, as provided for in W.S. 37-2-118, that the heat units of the natural gas supplied by any utility to the users thereof in any town or municipality are …
W.S. § 40-9-104 Municipality may require test every 3 months
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Municipality may require test every 3 months. The mayor, or city council of any town or municipality, in which natural gas is furnished by any utility is hereby given the right to require the state chemist to make a test of such gas every three (3) months and to certify the resul…
W.S. § 40-9-105 Expense of tests charged to state university
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Expense of tests charged to state university. Any and all expenses incurred by the state chemist in carrying out the provisions of this chapter shall be a charge against the University of Wyoming.
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 Powers and duties of the director
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Powers and duties of the director. (a) 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 Misrepresentation of quantity or pricing
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Misrepresentation of quantity or pricing. (a) 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 Declarations of unit price on random weight packages
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Declarations of unit price on random weight packages. 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 Prohibited acts
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Prohibited acts. (a) 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, …