§ 115.04. MERCHANDISE TO BE TAGGED OR LABELED.

(A)

No person shall sell at public auction any of the classes of articles specified in Section 115.15 unless at the time the article is offered for sale at auction there is securely attached to each article or a container provided for it, a tag or other label upon which shall be plainly written or printed in the English language a true and correct statement of the kind and nature of the material of which that article is made or composed, and the percentage of karat of purity of that material or metal.

(1)

In case those articles are plated or overlaid, then the tag or label shall contain a true statement of the kind of plate and the percentage of plating and the kind of material or metal covered.

(2)

When precious or semiprecious stones are so offered for sale, a written statement shall set forth the true name, weight, quality and fineness of those stones, and imitations shall be described in writing as such.

(3)

When watches or clocks are so offered for sale, the true name of the manufacturer shall be stated in writing, and if any part of the movements or mechanism of the watches and clocks shall be substituted the tag or label shall so state; neither shall secondhand, old or used watch or clock movements be so offered for sale in new cases without a true statement on the tag or label to that effect; nor shall watches be so offered for sale in different cases or attached to different bracelets than those furnished by the manufacturer for each article, without a true statement on the tag or label to that effect.

(B)

In case the auctioneer offering for sale at auction any of the articles described in Section 115.15 shall, at any time prior to the completed sale of the same, State the value of the article, the stated value shall be evidenced in writing on the tag or label delivered to the purchaser as is hereinafter provided for such delivery, or it shall be stated in writing in the manner aforesaid on a sales ticket or other memorandum of sale delivered to the purchaser immediately after the successful and final bid on the article is made.

(C)

The tag or label referred to above shall remain securely attached in the manner above provided and shall be delivered to the purchaser at the time of the delivery of the article purchased as a true and correct description and representation of those articles sold conditionally or absolutely; and it and the stated value memorandum shall be deemed prima facie evidence of intent to defraud the purchaser thereof in case any written statement on the tag or label or stated value memorandum is not true.

(D)

Each tag or label referred to above shall be numbered.

(Code 1980, § 6-16)

Cross reference

Penalty, § 115.99.