§ 16-18. Deceptive business practices.

(a)

A person commits the offense of deceptive business practices if in the course of engaging in a business, occupation or profession such person purposely or knowingly:

(1)

Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity;

(2)

Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service;

(3)

Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnished the weight or measure;

(4)

Sells, offers or exposes for sale adulterated commodities;

(5)

Sells, offers or exposes for sale mislabeled commodities; or

(6)

Makes a deceptive statement regarding the quantity or price of goods in any advertisement addressed to the public.

(b)

For purposes of this section:

(1)

Adulterated means varying from the standard of composition or quality prescribed by state law or lawfully promulgated administrative regulation or, if none, as set by established commercial usage.

(2)

Mislabeled means:

a.

Varying from the standard truth or disclosure in labeling prescribed by state law or lawfully promulgated administrative regulation or, if none, as set by established commercial usage; or

b.

Represented as being another person's produce, though otherwise labeled accurately as to quality or quantity.

(Code 1981, § 9.02.170)

State law reference

Deceptive business practices, MCA 45-6-318.