STEW LEONARD'S TO APPEAL FINE ON WEIGHING

NORWALK, Conn. -- Stew Leonard's Dairy Store here plans to appeal a $13,900 fine imposed by the state's Commissioner of Consumer Protection for weights and measures violations.

ions was about $500,000, but a hearing officer later recommended the charges be dropped.

Still, Stew Leonard Jr., president, said last week the fine represented a victory for Stew's. "We consider it a clear victory because the fine went from a potential $500,000 to $13,900," he said. "But we will appeal the commissioner's decision all the way."

A hearing officer for the commissioner recommended in April that all charges be dismissed and no fines be imposed "[because] the [weights and measures] department's procedures lack sufficient reliability to support assessment of penalty," according to the officer's report.

Nevertheless, Commissioner Gloria Schaffer decided July 22 to fine Stew Leonard's $13,900 -- $100 for each of 30 weight violations and $100 for each of the 109 packaged-food products that failed to declare a quantity of both weight and count as the law requires.