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Committee backs higher penalties for retail mispricing after repeated failures
Summary
The Government Operations Committee voted to send HB 493 to the full House after sponsor testimony that repeated price mismatches — including one inspection finding 48% of items mispriced — showed current fines were insufficient to change behavior. The bill increases stepped penalties and codifies enforcement authority for UDAF weights and measures.
Representative Prusci told the committee that routine inspections by the Utah Department of Agriculture and Food’s (UDAF) weights and measures program uncovered persistent problems with price tags not matching register charges at retail stores, including a case in Utah County that failed 28 price inspections and one inspection where 48% of sampled items were out of compliance. "They received $5,000 in fines, but that was not enough to motivate them to actually fix the issues," the sponsor said.
The bill (HB 493) would create a stepped fine schedule: a first notice, then $500 for the second violation, $1,000 for the third, $5,000 for the fourth and $10,000 for the fifth, and it clarifies UDAF’s authority to escalate enforcement. Sponsor testimony described the policy goal as triggering corporate‑level attention sooner so that chains change behavior instead of local managers simply paying fines.
Travis Waller, director of regulatory services for UDAF’s weights and measures division, explained inspection procedures and sampling standards, saying inspectors follow NIST handbook protocols, reinspect within about 30 days after finding problems, and generally consider 98% correct as a pass. Mylan Covert, state program manager for weights and measures, told the committee that inspectors inform stores on site and that warning letters are sent to corporate after repeat failures; ‘‘my inspectors don’t want to hand out a violation. What they want to do is go in and have it done right and equitable for the consumer,’’ he said.
Committee members asked about how the agency distinguishes honest mistakes from intentional overcharging and whether larger chains would be deterred by the increased penalties. The sponsor and UDAF representatives said the first notice provides businesses a chance to correct pricing and that a $10,000 impact typically triggers corporate intervention.
Representative Kettler moved that the committee favorably recommend HB 493 to the full House; the committee approved the motion by voice vote.
