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119,998 statutes · page 14 of 6000
United States — Texas legislation
20 statutes shown from 119,998 source-backed records
The department may set standard net weights or counts for commodities and set tolerances by rule. A person violates the chapter if they fail or refuse to comply with those rules.
If certain commodities are sold by the bushel and the parties have not agreed on measurement or weight, the bushel must be treated as the listed pound weight.
The department may, by rule, exempt a weighing or measuring device from a chapter requirement if it finds enforcement is not cost-effective, not feasible with current resources or standards, or would not substantially benefit or protect consumers.
When a commodity is sold by weight, the sale must use net weight; the section does not apply to bales of cotton.
Sales of covered commodities must use the measure required by this section, with specific exceptions for immediate consumption, common-weight sales, certain produce sales, and original packages.
Packages in commodity form generally must be plainly marked with net quantity and the seller’s business name and place, and the department may set standard-fill rules, exemptions, and tolerances.
A person may not sell, keep, offer, or expose for sale milk or cream in containers that are not standard liquid measures under Section 13.024.
Cheese, meat, and meat food products must generally be sold by standard net weight, with limited exceptions for immediate on-premises consumption and certain poultry sales.
Price ads with whole numbers and fractions must make the fraction figures proportionate and legible; misrepresenting price or using price or quantity claims that mislead customers is a violation.
A person must not sell or offer a smaller quantity of a commodity or service than represented, or take more than the represented quantity when acting as a buyer furnishing weight or measure.
A person commits an offense if they knowingly use an incorrect weighing or measuring device in certain commodity or service transactions.
A person violates this section if the person, or the person’s servant or agent, sells, keeps, offers for sale, or exposes for sale a commodity that violates the subchapter.
The department must periodically weigh or measure certain commodities to verify quantity and legal sale, and it may seize underweight packages as evidence. A person commits an offense by refusing to show a commodity to the department for quantity testing.
The department may issue a stop-sale order, must deliver it to the owner or seller, and the recipient may not sell the commodity or service until a court or the commissioner releases it.
Certain violations of listed sections are Class C misdemeanors, and a good-faith seller may use a defense based on specified measurement discrepancies caused by unavoidable loss or factors beyond the seller’s control.
The department may inspect a weighing or measuring device, and related records, if it has reason to believe the device is used in a commercial transaction and is not registered.
Certain commercial weighing or measuring devices are exempt from this subchapter if they are used only to weigh food sold ready for immediate consumption and the food is not sales-tax exempt under the cited Tax Code section.
Commercial weighing or measuring devices generally must be inspected and tested on a four-year cycle, unless exempt by department rule.
People who own or operate a commercial weighing or measuring device must register it before using it for a commercial transaction, unless a department rule exempts the device.
The department may condemn, seize, or destroy an incorrect commercial weighing or measuring device if it cannot be repaired; if it can be repaired, the department must mark it “Out of Order.”
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