Chapter 10. Civil Penalty Standards for Weights and Measures
Regulation .01 Scope.LinkCopy Citation
This chapter establishes standards for imposing civil penalties against a person who violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title.
Regulation .02 Assessment of Civil Penalty.LinkCopy Citation
Instead of pursuing criminal charges, the Secretary may impose a civil penalty as provided under Regulation .03 of this chapter on a person who:
A.
Uses an uninspected or unapproved weight and measure for:
(1)
Buying or selling any commodity or object,
(2)
Hire or award,
(3)
Computing any charge or payment for services rendered on the basis of weight or measurement, or
(4)
Determining any weight and measure for a charge;
B.
Disposes of any rejected or condemned weight or measure in a manner contrary to law or rule or regulation;
C.
Uses in retail trade, except in the preparation of medical prescriptions or packages put up in advance of sale, a weight or measure which is not so positioned that its indications may be accurately read and the weighing or measuring operations observed from some position which reasonably may be assumed by a customer;
D.
Violates any provision of Agriculture Article, Title 11, Annotated Code of Maryland, or any regulation adopted under that title;
E.
Sells, or offers or exposes for sale, less than the quantity represented of any commodity, object, or service;
F.
Takes more than the quantity represented of any commodity, object, or service when, as buyer, the person furnishes the weight or measure by means of which the amount of the commodity, object, or service is determined;
G.
Misrepresents a weight, measurement, or count affecting any purchase, sale, award, or amounts paid or charged for a service;
H.
Impersonates in any way the Secretary, or uses the Secretary's seal or a counterfeit of it in any manner;
I.
Removes from any weight or measure, contrary to law or regulation, any tag, seal, or mark placed by the Secretary;
J.
Uses, sells, offers, or exposes for sale or hire, or possesses for the purpose of using, selling, or hiring an incorrect weight or measure or any device or instrument used to or calculated to falsify any weight or measure;
K.
Manipulates or in any manner renders a weight or measure to a state calculated to deceive or defraud anyone; or
L.
Advertises any agricultural product as local or locally grown in violation of COMAR 15.01.09.
Regulation .03 Classification of Violations for the Purpose of Determining Penalties.LinkCopy Citation
A.
In this regulation, “violation” means a criminal conviction or an administrative finding that a person has committed one of the acts referenced under Regulation .02 of this chapter.
B.
For a violation of an act referenced under Regulation .02 of this chapter, a civil penalty may be imposed by the Secretary considering the nature and gravity of each violation consistent with the following standards:
(1)
For the first violation, a penalty of not more than $500;
(2)
For the second violation, a penalty of not more than $1,000;
(3)
For the third and any subsequent violation, a penalty of not more than $2,000.
Regulation .04 Payment of Penalty.LinkCopy Citation
Unless a stay has been granted, a person against whom a civil penalty has been imposed under this chapter shall pay the amount of the penalty promptly to the Department within the time specified in the Department's notice to that person, or as otherwise agreed upon by the Department and the person.
Regulation .05 Appeal.LinkCopy Citation
A person may appeal the Secretary's decision to impose a civil penalty as provided in Agriculture Article, §2-405, Annotated Code of Maryland. The person shall be notified of this right to appeal.
Chapter annotations
Authority: Agriculture Article, §11-208.1, Annotated Code of Maryland
History: Effective date: December 5, 1994 (21:24 Md. R. 1990)
History: Regulation .02L adopted effective January 21, 2013 (40:1 Md. R. 21)