Title 40 · WY
40-10-132 is guilty of a misdemeanor, and upon a first
Citation: Wyo. Stat. § 40-10-132
Section: 40-10-132
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.
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.
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.
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.
CHAPTER 11 - FOREIGN TRADE ZONES
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.
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.
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.
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.
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.
CHAPTER 12 - CONSUMER PROTECTION
ARTICLE 1 - IN GENERAL
40-12-101. Short title.
This act may be cited as the "Wyoming Consumer Protection Act."
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.