Mississippi Administrative Code › Title 2 - Agriculture and Commerce › Part 1 - Rules of the Mississippi Department of Agriculture and Commerce › Subpart 4 - Bureau of Regulatory Services › Chapter 09 - Weights and Measures Regulations › Administrative Action › Section 2-1-4-09-117.03 - Penalties

Current through June 25, 2024
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.
Miss.
						Code Ann. §
												75-27-19.