§ 6-38 Weights and Measures Penalty Schedule.
RCNY § 6-38
All citations are to Title 20 of the Administrative Code of the City of New York, Title 6 of the Rules of the City of New York, Article 16 of the New York Agriculture and Markets Law, or Title 1 of the New York Code, Rules, and Regulations. Unless otherwise specified, the penalties set forth for each section of law or rule shall also apply to all subdivisions, paragraphs, subparagraphs, clauses, items, or any other provision contained therein. Each subdivision, paragraph, subparagraph, clause, item, or other provision charged in the Notice of Violation shall constitute a separate violation of the law or rule. For the fine amounts marked by a single asterisk, if the respondent timely submits the appropriate proof of having cured a first-time violation, the respondent will not be subject to a civil penalty pursuant to Local Law 153 of 2013. Unless otherwise specified by law, a second or third or subsequent violation means a violation by the same respondent, whether by pleading guilty, being found guilty in a decision, or entering into a settlement agreement for violating the same provision of law or rule, within two years of the prior violation(s). CitationViolation Description First ViolationFirst DefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultCitationViolation Description First ViolationFirst DefaultSecond ViolationSecond DefaultThird and Subsequent ViolationThird and Subsequent DefaultAdmin. Code§ 20-584Improper use of weighing or measuring device that has not been marked by the Department.$50$50$75$75$100$100Admin. Code§ 20-585Improper manufacturer or use of any dry or liquid measure unless it conforms to the standards provided by article sixteen of the agriculture and markets law.$50$50$75$75$100$100Admin. Code§ 20-587Improper sale or offer for sale of any commodity or article of merchandise at or for a greater weight or measure than its true weight or measure.$50$50$75$75$100$100Admin. Code§ 20-590Failure to repair a condemned weighing or measuring device.$50$50$75$75$100$100Admin. Code§ 20-591Improper interference with inspector.$50$50$75$75$100$100Admin. Code§ 20-595Failure to comply with requirements for labels and signage$50$50$75$75$100$1006 RCNY§ 3-10Failure to supplement weight or measure.$50$50$75$75$100$1006 RCNY§ 3-12Failure to have information in English.$50*$50*$75$75$100$1006 RCNY§ 3-21Failure to meet the requirements of display of price by quantity.$50$50$75$75$100$1006 RCNY§ 3-24Failure to meet the requirement(s) for the use of scales or measuring devices in stores and markets.$50$50$75$75$100$1006 RCNY§ 3-24(f)(2)Failure to post sign informing customer that they may reweigh products$50*$50*$75$75$100$1006 RCNY§ 3-25Failure to retain inspection certificate(s)$50$50$75$75$100$1006 RCNY§ 3-41Failure to meet the requirements for markings on prepackaged foods.$50$50$75$75$100$1006 RCNY§ 3-42Failure to meet the requirements for markings on bread weight.$50$50$75$75$100$1006 RCNY§ 3-54Failure to meet the requirement(s) for the sale of meat, poultry, and seafood.$50$50$75$75$100$1006 RCNY§ 3-55Failure to meet the requirement(s) for labeling of frozen, defrosted or thawed and refrozen, meat, poultry, fish and products thereof.$50$50$75$75$100$1006 RCNY§ 3-57Improper colored lighting on meats$50$50$75$75$100$1006 RCNY§ 3-72Failure to meet the requirements of weighing device in laundry.$50$50$75$75$100$1006 RCNY§ 3-81Failure to meet the requirements for the purchase of gold, silver or precious metal.$50$50$75$75$100$100NY Agri & Mkts§ 184Improper use of a condemned device or improper removal, obstruction, or defacement of a condemnation tag.$450$600$1,080$1,200$1,200$1,200NY Agri & Mkts§ 185Improper use, removal, or failure to remove a device in violation of order.$450$600$1,080$1,200$1,200$1,200NY Agri & Mkts§ 186Improper possession of a false weighing or measuring device or system.$450$600$1,080$1,200$1,200$1,200NY Agri & Mkts§ 190Failure to comply with regulations pertaining to the method of sale of food and food products$450$600$1,080$1,200$1,200$1,200NY Agri & Mkts§ 191Improper standardized packaging$450$600$1,080$1,200$1,200$1,2001 NYCRR§ 221.3Improper declaration of identity$300$400$720$800$800$8001 NYCRR§ 221.4Improper declaration of responsibility$300$400$720$800$800$8001 NYCRR§ 221.5Improper declaration of quantity$300$400$720$800$800$8001 NYCRR§ 221.6Failure to comply with regulations pertaining to consumer package prominence and placement$300$400$720$800$800$8001 NYCRR§ 221.7Failure to comply with regulations pertaining to nonconsumer package prominence and placement$300$400$720$800$800$8001 NYCRR§ 221.11Improper variation$300$400$720$800$800$8001 NYCRR§ 221.12Improper method of sale of commodities$300$400$720$800$800$8001 NYCRR§ 221.13Improper method of sale of specific commodities$300$400$720$800$800$8001 NYCRR§ 221.14Net contents of containers not indicated on the outside$300$400$720$800$800$8001 NYCRR§ 221.15Improper sales slip$300$400$720$800$800$8001 NYCRR§ 221.16Improper use of coin-operated devices$300$400$720$800$800$800 (Added City Record 8/22/2016, eff. 8/22/2016; amended City Record 9/24/2019, eff. 10/24/2019; amended City Record 11/26/2021, eff. 12/26/2021)
