reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-110 - Persons, Agreements and Transactions Exempted From w.s. 40-4-107 and 40-4-109.

40-4-110. 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 any such stock or commodity, and in the case of the sale of seasonal goods or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof;
(ii) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof;
(iii) By an officer acting under the orders of any court;
(iv) In an endeavor made in good faith to meet the prices of a competitor selling the same or similar article or product in the same locality or trade area;
(v) When the goods are sold for promotional purposes at a special sale of limited duration including but not limited to a grand opening sale, an annual anniversary sale, an annual customer appreciation sale or a community, neighborhood or mall wide sale;
(vi) In a sale of limited duration to reduce inventory, dispose of slow selling items or dispose of items replaced or to be replaced by new models;
(vii) Of any products in a class of products where the prices are identical for the same volume throughout the class provided the total revenues from all the sales of products of that class by the vendor exceed the costs as defined in 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 may be different.
(b) Any person, firm or corporation who performs work upon, renovates, alters or improves any personal property belonging to another person, firm or corporation, shall be construed to be a vendor within the meaning of this act.
(c) W.S. 40-4-107 through 40-4-110 shall not apply to any person entering into a cooperative arrangement for antitrust exceptions approved pursuant to W.S. 35-24-101 through 35-24-116.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-114 - Enjoining Violations; Recovery of Damages.

40-4-114. 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 any act or acts in violation of this act.
(b) Any injured person may maintain an action for violation of this act against the alleged violator to recover the actual damages sustained by the injured person together with reasonable attorneys fees and costs.
(c) Repealed By Laws 2009, Ch. 172, 2.
(d) Repealed By Laws 2009, Ch. 172, 2.
(e) Repealed By Laws 2009, Ch. 172, 2.
(f) Repealed By Laws 2009, Ch. 172, 2.
(g) Repealed By Laws 2009, Ch. 172, 2.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-122 - Requiring Construction of Particular Building to Maintain Agency or Dealership.

40-4-122. 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 require, of any dealer or agent residing in the state of Wyoming, who sells or services the products of such manufacturer, jobber or distributor, that such Wyoming agent or dealer construct or build any particular type or standard of building in order to maintain his agency or dealership to sell such manufactured product, shall be guilty of a misdemeanor punishable as provided by this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 4 - Discrimination › Section 40-4-123 - Requiring Purchase of Accessories to Maintain Agency or Dealership.

40-4-123. 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, of any Wyoming agent or dealer selling or servicing the products of such manufacturer, jobber or distributor, that such Wyoming dealer or agent purchase accessories or products of such manufacturer, jobber or distributor in order to obtain other products of such manufacturer, jobber or distributor shall be guilty of a misdemeanor punishable as provided by this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-101 - Products Must Conform to Standards.

40-7-101. 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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-103 - Board to Promulgate Standards.

40-7-103. 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 the following:
(i) Repealed by Laws 2009, Ch. 130, 2.
(ii) Repealed By Laws 2009, Ch. 130, 2.
(iii) Fuel oil ASTM grades No. 1 and No. 2 shall have a flash point not lower than one hundred fifteen degrees Fahrenheit (115F F);
(iv) Fuel oil ASTM grades No. 4, No. 5 and No. 6 shall not contain more than one and one-half percent (1.5%) sulfur by weight;
(v) Kerosene shall:
(A) Repealed By Laws 2009, Ch. 130, 2.
(B) Repealed By Laws 2009, Ch. 130, 2.
(C) Have a flash point not lower than one hundred fifteen degrees Fahrenheit (115H F);
(D) Meet the standards set forth in ASTM D3699.
(vi) Any gasoline, gasohol or diesel fuel sold in the wholesale or retail market place that contains any oxygenate, biofuel or nonrefined product shall be clearly labeled with the name and maximum percentage by volume of any ethanol or other oxygenate, biofuel or nonrefined product.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-105 - Enforcement.

40-7-105. 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 tank directly supplying these products to retail dispensing devices located at a retail sales facility. A sample taken from dispensing devices located at retail sales facilities shall be acquired after allowing at least one (1) gallon of product to flow from the dispenser.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-106 - Seizure and Sale.

40-7-106. 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 with state law. The proceeds of the sale shall be applied on payment of court costs or other necessary expenses incurred in making the seizure and condemnation.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-107 - Analysis by State Chemist; Astm Standards to Apply.

40-7-107. 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 conform to this act and rules promulgated under it and shall certify examination results to the director following applicable ASTM methods designated in the ASTM standards required for each product.
(b) ASTM specifications and definitions for petroleum products not defined in Wyoming statutes shall be adopted by the board.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-109 - Exemption for Retail Dealer.

40-7-109. 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.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-110 - Antifreeze Must Be Approved by State Chemist.

40-7-110. 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 submitted by a manufacturer. Registration does not expire, but a registration shall be amended to reflect any changes in product formulation or product package labeling.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 7 - Standards for Antifreeze and Petroleum Products › Section 40-7-111 - Electronic Transmittals.

40-7-111. 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 requirements.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 9 - Standards for Natural Gas › Section 40-9-101 - Standard Natural Gas Defined.

40-9-101. 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 chemist in accordance with standard conditions, to wit:
(i) At a temperature of sixty degrees Fahrenheit (60A F);
(ii) Under pressure of thirty (30) inches of mercury.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 9 - Standards for Natural Gas › Section 40-9-102 - Factors to Be Considered in Fixing Rates.

40-9-102. 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 additional factor to the factors provided for in W.S. 37-2-118, as a basis for fixing rates and rate schedules for the allowable charges the utility may make against the users of natural gas in any particular town, city or community, in which the question of such rates shall be presented to said commission, as provided for in W.S. 37-2-118.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 9 - Standards for Natural Gas › Section 40-9-103 - Tests and Report of State Chemist Upon Complaint; Use of Results as Evidence and in Fixing Rates.

40-9-103. 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 below the standard thereof theretofore used as a factor in the basis for rates to be charged by the utility in that particular town or municipality, the public service commission shall notify the state chemist to make proper tests of the heating units of the gas furnished by such utility to the complaining municipality. The state chemist shall certify to the public service commission and to the mayor of the complaining town or municipality the result of such test, which said certificate shall be used as competent evidence by the public service commission at the hearing of said complaint, and shall be used by the commission as one (1) of the factors as a basis for any change in the rates the commission may find necessary to make.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 9 - Standards for Natural Gas › Section 40-9-104 - Municipality May Require Test Every 3 Months.

40-9-104. 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 results thereof to said mayor, or city council and public service commission.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-118 - Recognized Systems.

40-10-118. 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 of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the United States Department of Commerce National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-119 - Physical Standards.

40-10-119. 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 weights and measures, and shall be maintained in such calibration as prescribed by the United States Department of Commerce National Institute of Standards and Technology or demonstrated through laboratory accreditation or recognition. Field standards may be prescribed by the director and shall be verified upon their initial receipt, and as specified by rule and regulation.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-120 - Technical Requirements for Weighing and Measuring Devices.

40-10-120. 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 and published in the United States Department of Commerce National Institute of Standards and Technology Handbook 44, "Specification, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," shall apply to weighing and measuring devices in this state, and may be amended by rule or regulation.
(b) The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the United States Department of Commerce National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," are adopted and shall apply to type evaluation in this state, and may be amended by rule or regulation.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-121 - Department of Agriculture Duties and Powers.

40-10-121. 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 maintained by their owner or user;
(ii) Prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state;
(iii) Promote uniformity, to the extent practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies.
(b) Unless requested by the operator of the weighing or measuring equipment, the department shall have no authority over weights and measures used in activities subject to the authority of the United States department of the interior associated with on shore oil and gas, the United States federal energy regulatory commission, the Wyoming public service commission associated with pipelines and utilities or the Wyoming oil and gas conservation commission.
(c) Except as otherwise required by law, rule, regulation or third party agreement, the department shall have no authority over weights and measures used pursuant to a written agreement between the parties using the weighing device.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-123 - Special Enforcement Powers.

40-10-123. 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 to the public, he shall obtain consent before making entry, or obtain a search warrant;
(ii) Empowered to issue stop-use, hold and removal orders with respect to any weights and measures commercially used or any packaged commodities or bulk commodities kept, offered or exposed for sale; and
(iii) Empowered to seize, as evidence, any incorrect or unapproved weight, measure, package or commodity found to be used, retained, offered or exposed for sale or sold in violation of the provisions of this act or rules and regulations promulgated pursuant to this act;
(iv) Authorized to report the results of investigations and inspections to the owner or person in charge by hand delivering, mailing or sending electronically.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-124 - Powers and Duties of Local Officials.

40-10-124. 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 respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-125 - Misrepresentation of Quantity or Pricing.

40-10-125. 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) Represent the quantity in any manner tending to mislead or deceive another person.
(b) No person shall misrepresent the price of any commodity offered, exposed or advertised for sale by weight, measure or count, nor represent the price in any matter tending to mislead or in any way deceive another person.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-126 - Method of Sale.

40-10-126. 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 count.
(b) The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-127 - Sale of Gasoline and Distillates on Other Than Gross Volume Basis Unlawful; Exception; "Sale" Defined.

40-10-127. 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 basis other than the gross volume of gasoline or distillate actually delivered is unlawful. Any contract in violation of this section shall be unenforceable to the extent of the violation.
(b) Sellers of motor fuel within this state shall offer to prospective purchasers the option to buy the product either by gross gallons or on the assumption that the temperature of the product is sixty degrees Fahrenheit (60S F) or the centigrade equivalent. This purchaser option may be exercised only on an annual basis and applied only to single deliveries of seven thousand five hundred (7,500) gallons or more or the metric equivalent. Any adjustments to volumes during the temperature compensation process shall be made in accordance with the standards set by the American Society of Testing Materials.
(c) For purposes of this act, "sale" does not include the exchange of gasoline or distillate between refiners or transporters of petroleum or petroleum products.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-128 - Sale From Bulk.

40-10-128. 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) The name and address of the buyer and seller;
(ii) The date delivered;
(iii) The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, such as when temperature compensated sales are made;
(iv) The identity of the product in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and
(v) The count of individually wrapped packages, for commodities purchased from bulk, but delivered in packages;
(vi) The unit price, unless all parties agree the unit price is not required.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-129 - Information Required on Packages.

40-10-129. 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 conspicuous declaration of:
(i) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(ii) The quantity of contents in terms of weight, measure or count; and
(iii) The name and place of business of the manufacturer, packer or distributor, in the case of any package kept, offered or exposed for sale, or sold in any place other than on the premises where packed.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-130 - Declarations of Unit Price on Random Weight Packages.

40-10-130. 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 pound or kilogram and the total selling price of the package, at the time it is offered or exposed for sale at retail.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-132 - Prohibited Acts.

40-10-132. 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 device, without specific written authorization from the proper authority;
(iv) Hinder or obstruct any weights and measures official in the performance of his duties;
(v) Use or possess any weight, measure, weighing or measuring device that for use in commerce has not been tested and certified as correct by the department or a registered service person;
(vi) Place any weight, measure, weighing or measuring device into commercial service without having a current certificate of registration as a registered service person; or
(vii) Violate any provision of this act or rules or regulations promulgated under this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-133 - Criminal Penalties.

40-10-133. 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, or both. Upon a subsequent conviction within any five (5) year period, he shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than seven hundred fifty dollars ($750.00) or by imprisonment for up to six (6) months, or both.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-134 - Restraining Order and Injunction.

40-10-134. Restraining order and injunction.
The director is authorized to apply to any court of competent jurisdiction for a restraining order, or a temporary or permanent injunction, restraining any person from violating any provision of this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-135 - Presumptive Evidence.

40-10-135. Presumptive evidence.
Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that the weight or measure or weighing or measuring device is regularly used in commerce.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 10 - Weights and Measures › Section 40-10-136 - License Required; Fee.

40-10-136. License required; fee.
(a) Every person who owns or is responsible for a weight, measure, weighing or measuring device regulated by this act shall obtain an annual license for each establishment on or before April 1 from the department and pay a fee as provided in this subsection. The fees collected by the department under this section shall be deposited in the general fund. Fees shall be set by the department as follows:
(i) Not less than fifteen dollars ($15.00) nor more than forty dollars ($40.00) for establishments with no more than five (5) devices;
(ii) Not less than forty dollars ($40.00) nor more than seventy-five dollars ($75.00) for establishments with more than five (5) and less than eleven (11) devices;
(iii) Not more than one hundred fifteen dollars ($115.00) for establishments with eleven (11) or more devices.
(b) The director shall define premise and inspection locations, including physical addresses and circumstances for special events.
(c) For purposes of this section, "establishment" means a place of business under one (1) management at one (1) physical location.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 11 - Foreign Trade Zones › Section 40-11-101 - Definitions.

40-11-101. Definitions.
As used in this act, the term "public corporation" means the state of Wyoming, any municipality, county or other political subdivision thereof, any public agency of this state or any municipality of one or more other states. The term "act of congress" means the act of congress, entitled "An act to provide for the establishment, operation and maintenance of foreign trade zones in ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes", 19 U.S.C. 81a to 81u.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 11 - Foreign Trade Zones › Section 40-11-102 - Application by Public Corporation to Establish and Operate Zone; Designation of Agency to Apply on Behalf of State.

40-11-102. Application by public corporation to establish and operate zone; designation of agency to apply on behalf of state.
(a) Any public corporation may make application for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with the act of congress and amendments thereto.
(b) The Wyoming business council is the public entity designated and authorized to apply, on behalf of the state of Wyoming, for foreign trade zone authority, sub-zone authority or port of entry pursuant to the act of congress and regulations issued pursuant to the act.
(c) The designation of the Wyoming business council to apply on behalf of the state of Wyoming for foreign trade zone or sub-zone authority shall not prohibit other public corporations from applying for foreign trade zone authority pursuant to the act of congress.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 11 - Foreign Trade Zones › Section 40-11-103 - Application by Private Corporation to Establish and Operate.

40-11-103. Application by private corporation to establish and operate.
Any private corporation organized under the laws of this state for the purpose of establishing, operating and maintaining a foreign trade zone in accordance with the act of congress may make application for the privilege of establishing, operating and maintaining a foreign trade zone in accordance with the act of congress.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 11 - Foreign Trade Zones › Section 40-11-104 - Establishment and Operation by Corporation; Conditions and Restrictions.

40-11-104. Establishment and operation by corporation; conditions and restrictions.
(a) Any public or private corporation authorized by this chapter to make such application and whose application is granted pursuant to the terms of the act of congress may establish, operate, and maintain the foreign trade zone:
(i) Subject to the conditions and restrictions of the act of congress, and any amendments thereto;
(ii) Under such rules and regulations and for the period of time that may be prescribed by the board established by the act of congress to carry out the provisions of the act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 11 - Foreign Trade Zones › Section 40-11-105 - Powers of Public Corporation to Provide Indemnity and Deposit Money With United States.

40-11-105. Powers of public corporation to provide indemnity and deposit money with United States.
(a) If authorized to establish, operate and maintain a foreign trade zone, a public corporation may, in addition to its other powers:
(i) It may, for itself, provide for such indemnity or assurance to the United States or its agencies as they may request;
(ii) Deposit such sums of money with the United States as the United States or its agencies may request, providing such money is available therefor by direct appropriation or otherwise.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-102 - Definitions.

40-12-102. Definitions.
(a) As used in this act:
(i) "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association or any other legal entity;
(ii) "Consumer transactions" means the advertising, offering for sale, sale or distribution of any merchandise to an individual for purposes that are primarily personal, family or household;
(iii) "Documentary material" means the original or a copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, other tangible document or recording, reproductions of information stored magnetically, file layout, code conversion tables or computer programs to convert file to readable printout, wherever situated;
(iv) "Examination" of documentary material includes the inspection, study or copying of any such material, and the taking of testimony under oath or acknowledgement with respect to any such documentary material or copy thereof;
(v) "Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, whether oral, visual, written or otherwise, and whether in person, by telephone or by any other means to induce directly or indirectly any person to enter into any obligation or to acquire any title or interest in any merchandise;
(vi) "Merchandise" includes any service or any property, tangible or intangible, real, personal or mixed, or any other object, ware, good, commodity, or article of value wherever situated;
(vii) "Enforcing authority" means the attorney general of Wyoming;
(viii) "Cure" as applied to an unlawful deceptive trade practice as defined in W.S. 40-12-105 means either:
(A) To offer in writing to adjust or modify the consumer transaction to which the unlawful deceptive trade practice relates to conform to the reasonable expectations of the consumer generated by such unlawful deceptive trade practice and to perform such offer if accepted by the consumer; or
(B) To offer in writing to rescind such consumer transaction and to perform such offer if accepted by the consumer.
(ix) "Uncured unlawful deceptive trade practice" means an unlawful deceptive trade practice as defined in W.S. 40-12-105:
(A) With respect to which a consumer who has been damaged by the unlawful deceptive trade practice has given notice to the alleged violator pursuant to W.S. 40-12-109; and
(B) Either:
(I) No offer to cure has been made to such consumer within fifteen (15) days after such notice; or
(II) The unlawful deceptive trade practice has not been cured as to such consumer within a reasonable time after his acceptance of the offer to cure.
(x) "This act" means W.S. 40-12-101 through 40-12-114.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-103 - Unsolicited Merchandise.

40-12-103. Unsolicited merchandise.
Unless otherwise agreed, when unsolicited merchandise is delivered to a person, he has a right to refuse such merchandise and is not obligated to return such merchandise to the sender. Such unsolicited merchandise is deemed an unconditional gift to the recipient, who may use it in any manner without any obligation to the sender. This section does not apply if there is evidence that the merchandise has been misdelivered, or if the delivered merchandise is offered as a good faith substitution for merchandise previously solicited by the recipient.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-106 - Restraining Unlawful Practices.

40-12-106. Restraining unlawful practices.
Whenever the enforcing authority has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any practice which is unlawful under W.S. 40-12-104 or 40-12-105, and that proceedings would be in the public interest, he may bring an action in the name of this state against such person to restrain by temporary restraining order or preliminary or permanent injunction the use of such practice. The action may be brought in the district court of the county in which the person resides or has his principal place of business or in the district court of Laramie county, Wyoming. The district court may issue temporary restraining orders, including ex parte temporary restraining orders, or preliminary or permanent injunctions, in accordance with the principles of equity, to restrain and prevent violations of this act. The court may make such additional orders or judgments as are necessary to compensate identifiable persons for actual damages or restoration of money or property, real or personal, which may have been acquired by means or any act or practice restrained.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-107 - Assurances of Voluntary Compliance.

40-12-107. Assurances of voluntary compliance.
The enforcing authority may accept written assurance of voluntary compliance with respect to any practice believed to be violative of W.S. 40-12-105 from any person who is engaged or is about to engage in such practice. Such assurance is not considered an admission of violation for any purpose. Proof of failure to comply with the assurance of voluntary compliance is prima facie evidence of a violation of this act. Matters closed by virtue of the acceptance of an assurance of voluntary compliance may at any time be reopened by the enforcing authority for further proceedings in the public interest, pursuant to W.S. 40-12-106.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-108 - Private Remedies.

40-12-108. Private remedies.
(a) A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice.
(b) Any person who is entitled to bring an action under subsection (a) of this section on his own behalf against an alleged violator of this act for damages for an unlawful deceptive trade practice may bring a class action against such person on behalf of any class of persons of which he is a member and which has been damaged by such unlawful deceptive trade practice, subject to and pursuant to the Wyoming Rules of Civil Procedure governing class actions, except as herein expressly provided. If the court determines that actual damages have been suffered by reason of the unlawful deceptive trade practice, the court shall award reasonable attorney's fees to the plaintiffs in a class action under this subsection, provided that such fees shall be determined by the amount of time reasonably expended by the attorney for the plaintiffs and not by the amount of the judgment. Any monies or property recovered in a class action under this subsection which cannot, with due diligence, be restored to consumers within one (1) year after judgment becomes final shall be returned to the party depositing the same.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-109 - Limitation of Actions.

40-12-109. Limitation of actions.
No action may be brought under this act, except under W.S. 40-12-106, unless the consumer bringing the action gives within the following time limits notice in writing to the alleged violator of the act, (a) within one (1) year after the initial discovery of the unlawful deceptive trade practice, (b) within two (2) years following such consumer transaction, whichever occurs first, and unless the unlawful deceptive trade practice becomes an uncured unlawful deceptive trade practice as defined in this act. The notice required under this section shall state fully the nature of the alleged unlawful deceptive trade practice and the actual damage suffered therefrom. No action may be brought under this act, except under W.S. 40-12-106, unless said action is initiated within one (1) year after the furnishing of notice as required under this section.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-110 - Exemptions.

40-12-110. Exemptions.
(a) Nothing in this act shall apply to:
(i) Acts or practices required or permitted by state or federal law, rule or regulation or judicial or administrative decision;
(ii) Acts or practices by the publisher, owner, agent or employee of a newspaper, periodical, radio or television station or any other person without knowledge of the deceptive character of the advertisement in the publication or dissemination of an advertisement supplied by another.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-111 - Violations Involving Older Persons or Persons With Disabilities; Civil Penalty.

40-12-111. Violations involving older persons or persons with disabilities; civil penalty.
(a) As used in this section:
(i) "Person with disabilities" means any person who has a mental or educational impairment which substantially limits one (1) or more major life activities;
(ii) "Major life activities" means functions associated with the normal activities of independent daily living such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;
(iii) "Mental or educational impairment" means:
(A) Any mental or psychological disorder or specific learning disability;
(B) Any educational deficiency which substantially affects a person's ability to read and comprehend the terms of any contractual agreement entered into.
(iv) "Older person" means a person who is over sixty (60) years of age.
(b) Any person who willfully uses, or has willfully used, a method, act or practice in violation of this act which victimizes or attempts to victimize an older person or a person with disabilities, and commits such violation when the person knew or should have known that the conduct was unfair or deceptive, shall make restitution or reimbursement to the older person or person with disabilities including reasonable attorney fees and costs, and, in addition, is liable for a civil penalty of up to fifteen thousand dollars ($15,000.00) for each violation recoverable by the office of the attorney general.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-113 - Civil Penalties.

40-12-113. Civil penalties.
(a) The enforcing authority, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than five thousand dollars ($5,000.00) from any person who violates the terms of a permanent injunction issued under W.S. 40-12-106.
(b) For purposes of this section, the court issuing an injunction shall retain jurisdiction, and the cause shall be continued.
(c) Except as provided in W.S. 40-12-111, any person or agent or employee of the person, who willfully uses, or has willfully used, a method or act, in violation of this act, is liable for a civil penalty of not more than ten thousand dollars ($10,000.00) for each violation. Willful violations occur when the person knew or should have known that the person's conduct was unfair or deceptive. This civil penalty may be recovered in any action brought under this act by the enforcing authority or the enforcing authority may terminate any investigation or action upon agreement by the person to pay a stipulated civil penalty. The enforcing authority or the court may waive any civil penalty if the person has previously made full restitution or reimbursement or has paid actual damages to the consumers who have been injured by the unlawful act or practice. If civil penalties are assessed in any litigation, the enforcing authority is entitled to reasonable attorney's fees and costs.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 1 - In General › Section 40-12-114 - Effect on Other Remedies.

40-12-114. Effect on other remedies.
This act shall not prohibit actions under other statutory or common-law provisions against conduct or practices similar to those declared to be unlawful by W.S. 40-12-105. However, the remedies provided in this act are the exclusive remedies for actions brought pursuant to this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-201 - Definitions.

40-12-201. Definitions.
(a) As used in this article:
(i) "Prize" means a gift, award or other item or service of value;
(ii) "Prize notice" means a notice given to an individual in this state that satisfies all of the following:
(A) Is or contains a representation that the individual has been selected or may be eligible to receive a prize;
(B) Conditions receipt of a prize on a payment from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice.
(iii) "Prize notice" does not include any of the following:
(A) A notice given at the request of the individual;
(B) A notice informing the individual that he has been awarded a prize as a result of his actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice.
(iv) "Solicitor" means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize;
(v) "Sponsor" means a person on whose behalf a solicitor gives a prize notice;
(vi) "Verifiable retail value" of a prize means:
(A) A price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given; or
(B) If the solicitor or sponsor is unable to satisfy subparagraph (A) of this paragraph, no more than one and five-tenths (1.5) times the amount the solicitor or sponsor paid for the prize.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-202 - Written Prize Notice Required.

40-12-202. Written prize notice required.
If a solicitor represents to an individual that the individual has been selected or may be eligible to receive a prize, the solicitor shall not request, and the solicitor or sponsor shall not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required under W.S. 40-12-203(a) presented in the manner required under W.S. 40-12-203(b) through (f).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 12 - Consumer Protection › Article 2 - Promotional Advertising of Prizes › Section 40-12-204 - Sales Presentations.

40-12-204. Sales presentations.
(a) If a prize notice requires or invites an individual to view, hear or attend a sales presentation in order to claim a prize, the sales presentation shall not begin until the solicitor does all of the following:
(i) Informs the individual of the prize, if any, that has been awarded to the individual; and
(ii) If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual under W.S. 40-12-205 if the prize is not available.