Section 507 - Deceptive business practices -- Definitions -- Defense.

UT Code § 76-6-507 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) A person is guilty of a class B misdemeanor if, in the course of business, he: (a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity; (b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or (c) sells, offers, or exposes for sale adulterated or mislabeled commodities.

(a) uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity;

(b) takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or

(c) sells, offers, or exposes for sale adulterated or mislabeled commodities.

(2) (a) "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage. (b) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(a) "Adulterated" means varying from the standard of composition or quality prescribed, or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(b) "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for a variance, or set by established commercial usage.

(3) It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.