KRS § 363.991 — KY Code / Title XXIX / Chapter 363 / Section 363.991
363.991 Penalties
Status: in_force

363.991 Penalties.

(1) Any person who violates the provisions of KRS 363.420, 363.430 and 363.440 shall

be fined not less than fifty dollars ($50) nor more than two hundred dollars ($200)

for the first offense; he or she shall be fined not less than five hundred dollars

($500) nor more than one thousand dollars ($1,000), and/or be confined in the

county jail for not less than sixty (60) days nor more than one hundred twenty (120)

days, for each subsequent offense.

(2) Any person who shall hinder or obstruct in any way the director, the deputy director,

or any one (1) of the inspectors, or a sealer or deputy sealer, in the performance of

his official duties shall be guilty of a misdemeanor, and upon conviction thereof

shall be punished by a fine of not less than one hundred dollars ($100) nor more

than five hundred dollars ($500) or by imprisonment for not more than three (3)

months, or by both such fine and imprisonment.

(3) Any person who shall impersonate in any way the director, the deputy director, or

any one (1) of the inspectors, or a sealer or deputy sealer, by the use of his seal or a

counterfeit of his seal, or in any other manner, shall be guilty of a misdemeanor, and

upon conviction thereof shall be punished by a fine of not less than one hundred

dollars ($100) nor more than five hundred dollars ($500), or by imprisonment for

not more than one (1) year, or by both such fine and imprisonment.

(4) Any person who, by himself or by his servant or agent, or as the servant or agent of

another person, performs any one (1) of the acts enumerated in paragraphs (a)

through (i) of this subsection shall, for each offense, be fined not less than one

hundred dollars ($100) nor more than five hundred dollars ($500), or imprisoned for

not less than three (3) months nor more than twelve (12) months, or both.

(a) Use or have in possession for the purpose of using for any commercial

purpose specified in KRS 363.610, sell, offer, or expose for sale or hire, or

have in possession for the purpose of selling or hiring, an incorrect weight or

measure or any device or instrument used to or calculated to falsify any weight

or measure.

(b) Use, or have in possession for the purpose of current use for any commercial

purpose specified in KRS 363.610, a weight or measure that does not bear a

seal or mark such as is specified in KRS 363.650, unless such weight or

measure has been exempted from testing by the provisions of KRS 363.610 or

by a regulation of the director issued under the authority of KRS 363.590, or

unless the device has been placed in service as provided by a regulation of the

director issued under the authority of KRS 363.590.

(c) Dispose of any rejected or condemned weight or measure in a manner contrary

to law or regulation.

(d) Remove from any weight or measure, contrary to law or regulation, any tag,

seal, or mark placed thereon by the appropriate authority.

(e) Sell, or offer or expose for sale, less than the quantity he or she represents of

any commodity, thing, or service.

(f) Take more than the quantity he or she represents of any commodity, thing, or

service, when, as buyer, agent, or receiver, he or she furnishes the weight or

measure by means of which the amount of the commodity, thing, or service is

determined.

(g) Keep for the purpose of sale, advertise, or offer or expose for sale, or sell any

commodity, thing, or service in a condition or manner contrary to law or

regulation.

(h) Use in retail trade, except in the preparation of packages put up in advance of

sale and of medical prescriptions, a weight or measure that is not so

positioned that its indications may be accurately read and the weighing or

measuring operation observed from some position which may reasonably be

assumed by a customer.

(i) Violate any provision of KRS 363.510 to 363.850 or of the regulations

promulgated under the provisions of KRS 363.510 to 363.850 for which a

specific penalty has not been prescribed.

(5) Any person who fails to pay a fine or penalty assessed by the department, or fails to

remediate a violation identified by the department, in compliance with a deadline

for payment or remediation set forth by the department, shall be subject to a stop

operation order or a stop sale order from the department with respect to the

equipment, device, or motor fuel grade that is the subject of the fine, penalty, or

remediation.