Statutes, codes, and regulations
Mississippi Administrative Code
Title 2 - Agriculture and CommercePart 1 - Rules of the Mississippi Department of Agriculture and CommerceSubpart 4 - Bureau of Regulatory ServicesChapter 09 - Weights and Measures Regulations
Administrative Action
Section 2-1-4-09-117.03 - Penalties

2 Miss. Code. R. 1-4-09-117.03

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Current through December 10, 2024
Section 2-1-4-09-117.03 - Penalties
a. Authority. The Department's authority to assess administrative penalties for the enforcement of the Weights and Measures Law and regulations adopted in support of that Law is found in MISS. CODE ANN. § 75-27-59 (Supp. 2013).
b. In general. The penalty matrix below will be followed for the violations listed in most cases. However, the Department will exercise some discretion up to the penalty amounts set out in the law where there are aggregating factors including but not limited to where the violator has repeatedly violated the law in a 12-month period, or if the violator is shown to have willfully and intentionally violated the law or regulations.
c. Penalty Matrix.

Law1

Violation

First Violation-Penalty

Subsequent

Violations2-Penalty

HB 44, Sections:

§ 1.10, G-UR 4.1

§ 1.10, G-UR 4.2

§ 1.10, G-UR 4.3

§ 1.10, G-UR.4

Failure to maintain device in proper working order (maintenance of equipment).

Stop-Use Order

2nd violation-$500;

3rd violation- $1,000.

Miss. Code Ann. § 75-27-31 § 75-27-59(1)(b)

Use or have in possession for the purpose of use a weight or measure without a seal affixed to the weight or measure by the Department.

Stop-Use Order

2nd violation-$500;

3rd violation-$1,000.

Miss. Code Ann. § 75-27-31 § 75-27-59(1)(d)

Unauthorized removal of a Department red-tag or use of a red-tagged device.

$500.00

2nd violation-$1,000 3rd violation-$2,000.

Miss. Code Ann. § 75-27-27 § 75-27-59(1)

Sell, or offer or expose for sale, less than the quantity he represents.

Stop sale and/or $500.00.

2nd violation-$1,000;

3rd violation-$2,000.

Miss. Code Ann. § 75-27-59(1)(f)

Take more than the quantity he represents of any commodity, thing, or service, when, as buyer he furnishes the weight or measure by means of which the amount is determined.

$500.00 for each commodity, thing, or service has been falsely represented.

2nd violation-$1,000;

3rd violation-$2,000.

Miss. Code Ann. § 75-27-29 § 75-27-59(1)(j)

Violation of a stop-sale, stopuse order, stop-removal or removal order.

$1,000.00

2nd violation-$2,000;

3rd violation-$3,000.

Miss. Code Ann. § 75-27-59(1)(h); HB 44, § 1.10, G-UR.3.3;

WM § 116.03;

WM § 116.04

Failure to position device properly.

Stop-use order.

$500.00.

Miss. Code Ann. § 75-27-59(1)(b) HB 44, § 1.10, G-UR.1.1

Use of an unsuitable device.

Stop-use order and/or $500.00 for each unsuitable device.

2nd violation-$1,000 per device;

3rd violation-$2,000 per device.

HB 44, § 2.20, UR.3.3; Miss. Code Ann. § 75-27-59(1)(j)

Failure to follow HB 44, UR 3.3, "Single Draft Vehicle Weighing."

Stop-use order and/or $500 for each instance unless weighed in accordance with HB 44.

2nd violation-$1,000;

3rd violation-$2,000.

WM § 115.04 Miss. Code Ann. § 75-27-59(1)(j)

Use of field standards by a service repairperson that have not been verified by the Department or another state laboratory recognized by NIST.

Stop-use order and/or $500.00 for each unverified field standard.

2nd violation-$1,000 for each unverified field standard;

3rd violation-$2,000 for each unverified field standard.

WM § 115.05 Miss. Code Ann. § 75-27-67 § 75-27-59(1)(j)

Failure by service company to submit service reports to the Department within three days of restoring the device to service or placing the device in service.

$500.00 for each device restored to service or placed in service without timely submitting a service report to the Department.

2nd violation-$1,000 per device;

3rd violation $2,000.00 per device.

Miss. Code Ann. § 75-27-19

Failure to obtain an installation permit for installing scales with a weighing capacity of 10,000 pounds or more.

$1,000.00

2nd violation-$2,000;

3rd violation- $3,000.

Miss. Code Ann. § 75-27-19

Failure to obtain a scale repairman license prior to repairing or testing a weighing device in MS.

$1,000.00

2nd violation-$2,000

3rd violation-$3,000

Miss. Code Ann. § 75-27-59(1)(i)

Buy or sell pulpwood by any means other than prescribed in 75-27-39.

$500.00

2nd violation-$1,000;

3rd violation-$2,000

Miss. Code Ann. §75-27(1)(j)

Violate any WM law or regulation for which a penalty has not been provided herein.

$500.00

2nd violation-$1,000;

3rd violation-$2,000.

Miss. Code Ann. § 75-27-51

Misrepresentation of price;

Bar code scanner system with a failure rate of greater than 2%.

Stop use order and/or $100

2nd and subsequent Violations - $100 up to $500.

1 "Law" means the source of the weights and measures violation. It references the statute, Weights and Measures ("WM") regulation or the section of Handbook 44 ("HB44") where the violation is prescribed.

2 A second violation is one that occurs within 12 months of a previous violation. A third violation occurs within 18 months of the first violation.

2 Miss. Code. R. 1-4-09-117.03

Miss. Code Ann. § 75-27-19.
Adopted 8/4/2016
Amended 5/18/2022