reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12517.

12517. Every owner of a coin-operated person weigher shall place on such weigher, in a prominent position, in letters at least three-sixteenths inches in height and in bold type, the following statement: “This scale may not have been checked for accuracy.”
(Added by Stats. 1967, Ch. 1286.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12518.

12518. A water submeter submitted to a sealer by an owner, user, or operator for inspection and testing before its initial installation that is found to be incorrect, as defined in subdivision (d) of Section 12500, shall be marked with the words “Out of Order,” in accordance with Section 12506, and shall be returned to a service agent only if both of the following conditions are met:
(a) The water submeter has no signs of intentional tampering by which to facilitate fraud.
(b) The water submeter is not placed into service in California.
(Amended by Stats. 2015, Ch. 303, Sec. 15. (AB 731) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12519.

12519. (a) Notwithstanding any other law, an owner, user, or operator of a water submeter that has previously been sealed, installed, and used commercially who submits the water submeter to a sealer for inspection and testing shall not be subject to criminal prosecution or liable for other fines or other penalties for a violation of any provision of this division, if the device is found to be incorrect, if all of the following conditions apply:
(1) The water submeter had, prior to installation and use, been submitted to a county sealer as one of a submeter lot where the lot was sampled and tested for compliance with all applicable laws and all applicable regulations adopted by the secretary in accordance with Section 12107.
(2) The specific water submeter had, at no prior time, been directly subjected to a physical test of its performance characteristics or accuracy by a county sealer.
(3) The specific water submeter has been deemed by the county sealer to show no signs of intentional tampering, damage, or alteration in its design or calibration while under the use or control of the owner, user, or operator.
(4) The owner, user, or operator has maintained the water submeter in accordance with applicable provisions of this division, and any regulations adopted under Section 12107.
(b) Notwithstanding subdivision (a), a water submeter that meets all of the conditions set forth in subdivision (a) shall not be permitted to be reinstalled and placed into commercial use unless it is repaired and recalibrated by a service agent, and inspected and sealed by the county sealer.
(Added by Stats. 2014, Ch. 539, Sec. 4. (AB 2451) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 1 - Definitions › Section 12531.

12531. As used in this chapter, the following definitions are applicable:
(a) “Service agency” means a person, as defined in Section 12011, that for hire, award, commission, or any other payment of any kind, repairs a commercial device.
(b) “Service agent” means a person employed by a service agency to repair a commercial device.
(c) “Device” means a weighing or measuring equipment, contrivance, or instrument used, or designed to be used, for determining weight or measure, and includes any tool, appliance, or accessory used in connection therewith, that is used for commercial purposes, as defined in subdivision (e) of Section 12500.
(d) “Placed in service” means to permit the use of a device that has been tested and found to be correct, as defined in subdivision (c) of Section 12500, and type approved, as provided for in Section 12500.5.
(e) “Correct” means a device that meets all of the tolerance and specification requirements of Section 12107.
(f) “Repair,” in any of its variant forms, means to provide maintenance, or to install, adjust, recondition, or service a device.
(Amended by Stats. 2014, Ch. 539, Sec. 5. (AB 2451) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 2 - Registration › Section 12532.

12532. (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture pursuant to this chapter and unless the current registration fee and any penalty has been paid.
(b) Applications for registration shall be in writing on a form prescribed by the department, and shall be accompanied by the required fee.
(c) A service agency shall forward to the department the name or names of service agents employed by them, with the appropriate fees required by Section 12535.
(d) A device may only be placed in service by a sealer or a service agency. A device used by a public utility in connection with measuring gas, electricity, water, steam, or communication service subject to the jurisdiction of the Public Utility Commission is exempt from the requirements of this chapter.
(e) Except as provided in subdivision (f), no person who repairs a device is required to be registered if the device is placed into service by a sealer or service agency.
(f) Vapor measuring devices operating at greater than 11 inches water column shall be installed by a service agency.
(g) In the event of any change in the legal status of a registered service agency, the new legal entity shall obtain a new registration before operating as a service agency.
(h) A service agency may employ or designate a licensed service agent to act for the service agency and shall be responsible for all acts of that person.
(i) If a device has been altered in such a way as to facilitate fraud, a service agency or service agent shall report it to the county sealer within 24 hours of discovering that the device has been altered. If the service agency or service agent has possession of the device or any mechanism, component, software, or other device attached to or used in conjunction with the device that serves to facilitate fraud, the service agency or service agent shall surrender the device, mechanism, component, software, or other device to the county sealer or local law enforcement within 24 hours of discovering that the device has been altered.
(Amended by Stats. 2016, Ch. 329, Sec. 2. (AB 2307) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 2 - Registration › Section 12533.

12533. Before the issuance of its registration or in order to maintain its current registration, a service agency shall do all of the following:
(a) (1) Possess, or have available for use, standards and testing equipment necessary to meet the minimum testing requirements contained in the “Notes” paragraphs of the specific device regulation set forth in Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations, for each type of device for which the service agency is providing service.
(2) When applicable, the standards and testing equipment shall meet the specifications and tolerances published in the most current National Institute of Standards and Technology 105 Series Handbooks for Specifications and Tolerances for Reference Standards and Field Standard Weights and Measures.
(b) Ensure that every service agent in its employ has a current service agent license.
(c) Possess a current copy of Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations, Field Reference Manual.
(Amended by Stats. 2021, Ch. 525, Sec. 2. (AB 694) Effective January 1, 2022.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 2 - Registration › Section 12534.

12534. Commencing January 1, 2001, a service agency shall use suitable and sufficient standards that are permanently and uniquely identified, and have a current certificate of accuracy provided by the department or by a laboratory certified pursuant to Section 12314, in the determination of a correct device.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 3 - Fees › Section 12535.

12535. (a) An application for service agency registration shall be accompanied by an annual fee of two hundred dollars ($200) for a primary maintenance location, and one hundred dollars ($100) for each additional maintenance location of the applicant, and twenty-five dollars ($25) for every person employed by a service agency as a service agent.
(b) Each registration required by this chapter shall be renewed annually, on or before the first day of the first month of the service agency’s registration year, by application to the department, accompanied by the annual registration fee. “Registration year” means the period of time beginning with the first day of the month the service agency is required to be registered in this state, and ending one year from date of issuance of the registration.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 3 - Fees › Section 12536.

12536. Fees received by the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Food and Agriculture Fund to be used for the administration and enforcement of this chapter.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 3 - Fees › Section 12537.

12537. Sixty percent of the funds derived pursuant to this chapter shall be allocated by the secretary to counties that employ a sealer or director of weights and measures. The payment to each county shall be in proportion to the funds expended by the county in the enforcement of Division 5 (commencing with Section 12001).
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 4 - Examinations › Section 12540.

12540. (a) Commencing on January 1, 2001, no person shall be employed by a service agency as a service agent unless he or she possesses a current license.
(b) Commencing on January 1, 2001, applicants for a service agent license shall pass a written examination on the laws and regulations governing weights and measures. A passing score of 70 percent or greater is required to qualify for a license pursuant to this chapter. Examinations developed by the department may be taken by appointment in any county sealer’s office or at a location designated by the Division of Measurement Standards.
(c) An application for the examination to obtain a service agent license shall be in a form prescribed by the department and shall be accompanied by a fee established by the secretary to recover costs of examination administration, payable to the county in which the examination is given, or to the Division of Measurement Standards, if the examination is given by the department.
(d) Every service agent shall be reexamined every five years. To maintain a service agent license, the reexamination shall be taken and passed on or before the date on which the examination was last taken and passed.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 5 - Advisory Committee › Section 12541.

12541. (a) The department shall establish a seven-member advisory committee consisting of the following members:
(1) Two members representing registered service agencies.
(2) Two members representing county sealers or directors of weights and measures.
(3) One member representing device manufacturers.
(4) One member representing industry clients of service agencies.
(5) One member representing the general public.
(b) Except as provided in subdivision (c), the term of office of the members of the committee is three years. Vacancies shall be filled by the department for any unexpired term.
(c) Initial appointments to the committee shall be made as follows:
(1) One representative of registered service agencies, and one representative of county sealers or directors of weights and measures shall be appointed for one year.
(2) One representative of device manufacturers, one representative of county sealers or directors of weights and measures, and one representative of industry clients of service agencies shall be appointed for two years.
(3) One representative of registered service agencies, and one representative of the general public shall be appointed for three years.
(d) The committee shall be advisory to the department in all matters concerning the registration of service agencies.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 6 - Disciplinary Action › Section 12542.

12542. A service agency registration may be suspended for the actions of its service agents in violation of this division. A service agency’s registration may be revoked or suspended, or may be denied by the department, for any violation of this chapter. Proceedings for the denial, revocation, or suspension of a registration shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. The department shall have all of the powers that are granted therein.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 6 - Disciplinary Action › Section 12543.

12543. A service agency’s authorization to place devices into service, or to remove out-of-order notices may be suspended by a county sealer, within his or her county, pursuant to the notice and hearing provisions described in Section 12544 for violations of this division.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5.5 - Service Agencies for Weighing and Measuring Devices › ARTICLE 6 - Disciplinary Action › Section 12544.

12544. (a) A county sealer intending to suspend the authorization of a service agency shall notify the service agency in writing of all of the following:
(1) The alleged violations to be used as the basis for suspension.
(2) The proposed duration of the suspension.
(3) The date the suspension is to begin, which may not be sooner than 20 days after a notice is mailed.
(4) The names of service agents to be affected by the suspension.
(5) The fact that the service agency or service agent shall be provided the opportunity for an investigational hearing prior to the suspension.
(6) The fact that the service agency or service agent may be represented by legal counsel.
(7) The fact that the service agency or service agent may appeal to the department prior to imposition of a suspension.
(b) A copy of the proposed action to the service agency shall be immediately forwarded to the department.
(c) The department may, as a result of the investigative hearing, declare the suspension to be effective in additional counties.
(Repealed and added by Stats. 1999, Ch. 364, Sec. 2. Effective January 1, 2000.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12601.

12601. This chapter is designed to protect purchasers of any commodity within its provisions against deception or misrepresentation. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons.
It is hereby declared to be the policy of the Legislature to assist in attaining these goals.
(Repealed and added by Stats. 1969, Ch. 1309.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12602.

12602. (a) It is unlawful for any person engaged in the packaging or labeling of any commodity for distribution or sale, or for any person (other than a common carrier for hire, a contract carrier for hire, or a freight forwarder for hire) engaged in the distribution of any packaged or labeled commodity, to distribute or to cause to be distributed any such commodity if the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to the provisions of this chapter or the regulations adopted under the authority of this chapter or the provisions of, or the regulations adopted under, Chapter 14 (commencing with Section 13400) or Chapter 15 (commencing with Section 13700).
(b) The prohibition contained in subdivision (a) does not apply to persons engaged in business as wholesale or retail distributors of commodities, except to the extent that those persons (1) are engaged in the packaging or labeling of such commodities, (2) prescribe or specify by any means the manner in which such commodities are packaged or labeled, or (3) have knowledge of the violation of any provision of this chapter or of Chapter 6.6 (commencing with Section 12665), Chapter 14 (commencing with Section 13400), or Chapter 15 (commencing with Section 13700).
(Amended by Stats. 2017, Ch. 573, Sec. 59. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12603.

12603. No person subject to the prohibition in Section 12602 shall distribute any packaged commodity unless it is in conformity with regulations that shall be established by the secretary that shall provide:
(a) The commodity shall bear a label specifying the identity of the commodity and the name and place of business of the manufacturer, packer, or distributor.
(b) The net quantity of contents (in terms of weight or mass, measure, numerical count, or time) shall be separately and accurately stated in a uniform location upon the principal display panel of that label, using the most appropriate units of both the customary inch-pound system of measure, and except as provided in subdivisions (c) and (d), the SI (Systeme International d’Unites) metric system.
(c) On a random package labeled in terms of pounds and decimal fractions of the pound, the statement may be carried out to not more than three decimal places and is not required to, but may include a statement in terms of the SI metric system carried out to not more than three decimal places.
(d) The requirements of subdivision (b) concerning labeling using the metric system do not apply to nonconsumer packages, foods that are packaged at the retail store level, or to the sale or distribution of products whose labels have been printed prior to February 14, 1994.
(e) This section shall become operative on February 14, 1994.
(Amended by Stats. 2017, Ch. 573, Sec. 60. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12605.

12605. No person subject to the prohibition contained in Section 12602 shall distribute or cause to be distributed in commerce any packaged commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by Section 12603(b), but nothing in this chapter shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents: provided, that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.
In no case shall any declaration of quantity be qualified by the addition of the words “minimum,” or “when packed,” or words of similar import; nor shall any unit of weight, measure or count be qualified by any term (such as jumbo, giant, full, or the like) that tends to exaggerate the amount of the commodity in the package.
(Repealed and added by Stats. 1969, Ch. 1309.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12607.

12607. Whenever a packaged commodity is offered for sale, exposed for sale or sold without a statement of net quantity appearing thereon as required by this chapter, the sealer shall in writing order the commodity off sale and require that a correct statement of net quantity be placed on the commodity before the same may be released by the sealer.
(Amended by Stats. 1976, Ch. 239.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12609.

12609. The secretary shall adopt necessary regulations to carry out the purpose of this division and for the testing of packages to verify the net quantity statements. In adopting these regulations, the secretary shall adopt by reference the packaging and labeling requirements recommended by the National Conference on Weights and Measures and published in the current edition of the National Institute of Standards and Technology Handbook 130, Uniform Packaging and Labeling Regulations, except insofar as those requirements are specifically modified, amended, or rejected by regulation by the secretary. The regulations shall include exemptions from full compliance with this chapter for good and sufficient reasons. Any exemptions affecting consumer commodities shall be in conformance with exemptions permitted by federal regulations. Any regulation, or amendment thereof, shall be adopted by the secretary in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2012, Ch. 661, Sec. 41. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12610.

12610. The secretary may promulgate regulations similar to those promulgated by the United States Secretary of Health and Human Services or the Federal Trade Commission pursuant to the federal Fair Packaging and Labeling Act (Public Law 89-755; 80 Stat. 1296; 15 U.S.C. Secs. 1451-1461) effective to do the following:
(a) Establish and define standards for characterization of the size of a package enclosing any commodity, that may be used to supplement the label statement of net quantity of contents of packages containing such commodity, but this subdivision shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity.
(b) Require that the label on each package of a commodity (other than one that is a food within the meaning of Section 201(f) of the Federal Food, Drug, and Cosmetic Act) bear the common or usual name of the consumer commodity, if any.
(Amended by Stats. 2012, Ch. 661, Sec. 42. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12611.

12611. It is unlawful to pack, ship, or sell any commodity in a container which does not conform to all the specifications of this chapter; or which is not conspicuously marked, branded, or otherwise labeled as required by this chapter; or on which any word, statement or other information required by this chapter is not prominently placed, in such terms and with such conspicuousness, as compared with other words, statements, designs or devices on the label or container, as to render it likely to be read and understood by ordinary persons under customary conditions of purchase and use.
(Repealed and added by Stats. 1969, Ch. 1309.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12612.

12612. The sale of any commodity packaged in a container, wherein both the container and the contents thereof comply with any act of Congress or rules or regulations promulgated thereunder, appertaining to weight, measure or count, does not violate the provisions of this chapter; nor does the sale of malt beverages in containers complying with a rule, regulation or an approval of the United States Treasury Department, Internal Revenue Service or Bureau of Alcohol, Tobacco and Firearms, or of the State Department of Public Health and pertaining to weight, measure or count constitute a violation of the provisions of this chapter.
(Amended by Stats. 1973, Ch. 1033.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12613.

12613. If any provision of this chapter is less stringent or requires information different from any requirement of Section 4 of the act of Congress entitled “Fair Packaging and Labeling Act” (P.L. 89-755; 80 Stat. 1296; 15 U.S.C. 1451-1461) or of any regulation promulgated pursuant to that act, the provision is inoperative to the extent that it is less stringent or requires information different from the federal requirement, in which event the federal requirement is a part of this chapter.
(Amended by Stats. 1981, Ch. 714, Sec. 35.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6 - Fair Packaging and Labeling Act › Section 12615.5.

12615.5. The violation of any provision of this chapter, except the provisions of Section 12604.5, is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500), or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.
(Added by Stats. 1977, Ch. 1185.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6.5 - Unit Pricing › Section 12655.

12655. It is the intent of the Legislature to encourage the unit pricing of all canned, bottled, and packaged foods, packaged produce, and bakery goods; paper, plastic, wood, and metal products packaged in counts greater than 10; rolled paper, plastic, and metal products; canned, bottled, and packaged domestic, laundry and household cleansing, finishing, waxing, and polishing products; drug and first aid products canned, packaged, or bottled in counts greater than 10; and frozen fruits and vegetables, offered by merchants in their places of business for sale at retail to the public. The Legislature finds that unit pricing, the price per ounce, per pound, per gallon, or the metric equivalent thereof, or per 100 square feet, or per 100 count, for which those items are offered for sale at retail, effectively informs the consumer of the comparative prices and values of commodities, and is thus useful for the formulation of intelligent consumer choices. Reconstituted fluid ounce is the preferred unit of measure for unit pricing of powdered and concentrated infant formula.
(Amended by Stats. 1994, Ch. 1157, Sec. 1. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 6.5 - Unit Pricing › Section 12656.

12656. The department, in cooperation with the retail food industry, shall adopt a standardized format for unit pricing that shall be available to a retailer upon request. The format shall include, but not be limited to, an identification of the item, including the brand name, the total price of the item, the volume, weight, or number of units of which the item is composed, and the price per unit. For infant formula, unit price information may be expressed based on the reconstituted volume.
(Amended by Stats. 1994, Ch. 1157, Sec. 2. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12700.

12700. A weighmaster is any person who, for hire or otherwise, weighs, measures, or counts any commodity and issues a statement or memorandum of the weight, measure, or count which is used as the basis for either the purchase or sale of that commodity or charge for service.
(Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12700.5.

12700.5. (a) A weighmaster is not required to provide weighing services to the general public.
(b) Weighing for hire is at the discretion of the weighmaster.
(Added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12703.

12703. Except as provided in Section 12701, no person shall perform any acts described in Section 12700, unless licensed as a weighmaster pursuant to this chapter and unless the current license fee and any penalty has been paid. The weighmaster shall forward to the department the name or names of deputy weighmasters with the appropriate fees required by Section 12704.
(Amended by Stats. 1992, Ch. 297, Sec. 2. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12704.

12704. (a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) In addition to the license fees set forth in subdivision (a), a weighmaster who is a recycler or a junk dealer as defined in Section 21601 or is performing services on behalf of a recycler or junk dealer shall also pay to the department the following license fee for each license year as applicable to the operation:
(1) Five hundred dollars ($500) if the weighmaster is operating at a fixed location.
(2) Five hundred dollars ($500) for each additional fixed location at which the weighmaster is operating.
(3) Five hundred dollars ($500) if the weighmaster is operating at other than a fixed location.
(c) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(d) “Location” means a premise on which weighing, measuring, or counting devices are used.
(e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
(Amended (as amended by Stats. 2018, Ch. 392, Sec. 2) by Stats. 2023, Ch. 723, Sec. 34. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 35 of Stats. 2023, Ch. 723.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12704.

12704. (a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation:
(1) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(2) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(3) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(4) Twenty dollars ($20) for each deputy weighmaster.
(b) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(c) “Location” means a premise on which weighing, measuring, or counting devices are used.
(d) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2018, Ch. 392, Sec. 3) by Stats. 2023, Ch. 723, Sec. 35. (SB 816) Effective January 1, 2024. Operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12705.

12705. Any change in the legal entity of a licensed weighmaster requires the new legal entity to obtain a weighmaster license before operating as a weighmaster.
(Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12706.

12706. (a) The secretary may assign or reassign dates for the expiration of licenses for any weighmaster.
(b) The secretary may establish a license year for any weighmaster consisting of any period from one month to 11 months, inclusive, with subsequent renewals being required at yearly intervals thereafter.
(c) Whenever the license year is less than 12 months by reason of the assignment or reassignment of the expiration date by the secretary, the license fee as designated in Section 12704 shall be decreased by one-twelfth of the annual fee for each month of the period less than 12 months.
(Amended by Stats. 2012, Ch. 661, Sec. 43. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12707.

12707. Each license required by this chapter shall be renewed annually, on or before the first day of the first month of the licensee’s license year, by application to the secretary, accompanied by the annual license fee. An application and annual license fee sent by mail is not overdue if postmarked not later than the fifth day of the month in which it is due. To any fee not paid when due, there shall be added a penalty equal to 30 percent of the amount of the license fee, if it is paid within 30 days of becoming due. The penalty for a renewal fee more than 30 days after becoming due shall be 100 percent of the amount of the license fee. However, no penalty shall be applicable to the renewal of deputy weighmaster licenses.
(Amended by Stats. 2017, Ch. 573, Sec. 62. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12708.

12708. The secretary may refuse to grant any license provided for by this chapter, or may refuse to renew any license, and may revoke or suspend any license when, after a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the secretary is satisfied that the applicant or licensee is not qualified to capably or reliably perform the duties of a weighmaster or has otherwise been found guilty of a misdemeanor as provided in this chapter.
(Amended by Stats. 2012, Ch. 661, Sec. 44. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12709.

12709. (a) All license fees collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of this chapter, except as provided in subdivision (b).
(b) License fees collected pursuant to subdivision (b) of Section 12704 shall be deposited in a special account in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of Section 12703.1.
(c) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.
(Amended (as amended by Stats. 2018, Ch. 392, Sec. 4) by Stats. 2023, Ch. 723, Sec. 36. (SB 816) Effective January 1, 2024. Repealed as of January 1, 2028, by its own provisions. See later operative version, as amended by Sec. 37 of Stats. 2023, Ch. 723.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12709.

12709. (a) All license fees collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of this chapter.
(b) This section shall become operative on January 1, 2028.
(Amended (as amended by Stats. 2018, Ch. 392, Sec. 5) by Stats. 2023, Ch. 723, Sec. 37. (SB 816) Effective January 1, 2024. Section operative January 1, 2028, by its own provisions.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12710.

12710. A weighmaster may employ or designate any person to act for the weighmaster as a deputy weighmaster and shall be responsible for all acts performed by that person.
(Amended by Stats. 1992, Ch. 297, Sec. 3. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12710.5.

12710.5. (a) At any time during the license year, any weighmaster may replace deputies without payment of additional fees by forwarding to the department the name of any replacement deputy and replaced deputy.
(b) Any weighmaster who does not furnish to the department a deputy name as required by this section is guilty of an infraction, and, upon conviction, may be punished by a fine of not more than one hundred dollars ($100).
(c) A weighmaster may increase the original number of deputies by submitting a new application accompanied by appropriate fees, for the additional number of deputy licenses requested, which shall expire on the date stated on the weighmaster license.
(Added by Stats. 1989, Ch. 818, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12712.

12712. (a) A weighmaster certificate may be signed and issued by a weighmaster other than the weighmaster actually determining the weight, measure, or count of any commodity, if both of the following conditions are met:
(1) The weighmaster issuing the certificate does so based on information received from the weighmaster who actually determined the weight, measure, or count and both are on the same principal license.
(2) The records and worksheets, signed by the weighmaster who actually weighed, measured, or counted the commodity, are maintained as a part of the weighmaster’s records in a manner so as to ensure their identity with the certificate issued.
(b) A weighmaster may transfer a weight, measure, or count appearing on a weighmaster certificate to another weighmaster certificate, if the original certificate number and name of the issuing weighmaster appear on the second certificate.
(Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12713.

12713. (a) A weighmaster is responsible for ensuring that the weighmaster certificates issued by him or her, or a deputy acting for him or her, are complete and contain all the information required by Sections 12714, 12714.5, and 12715 that is applicable to each transaction.
(b) It is unlawful to issue, or cause to be issued, a weighmaster certificate if the certificate does not contain all the information required by Sections 12714, 12714.5, and 12715 for the commodity weighed, measured, or counted. The issuance of a receipt showing the weight, measure, or count of fish, mollusks, or crustaceans pursuant to Article 6 (commencing with Section 8010) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code constitutes the issuance of a weighmaster certificate under this chapter when issued by a person who is a weighmaster pursuant to Section 12700.
(Amended by Stats. 1986, Ch. 405, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12714.

12714. (a) There shall appear in an appropriate and conspicuous place on each certificate, and all copies thereof, the following legend:
WEIGHMASTER CERTIFICATE
THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is on this certificate, who is a recognized authority of accuracy, as prescribed by Chapter 7 (commencing with Section 12700) of Division 5 of the California Business and Professions Code, administered by the Division of Measurement Standards of the California Department of Food and Agriculture.
(b) There shall also appear on each certificate, and all copies thereof, the printed name of the principal weighmaster as it appears on the license.
(Repealed and added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12715.

12715. Each certificate shall provide for the following information as applicable to the transaction:
(a) The date on which the weight, measure, or count was determined.
(b) The street address or location description and the city or township where the weighing, measuring, or counting occurred.
(c) The complete signature of the weighmaster who determined each weight, measure, or count. The name of a weighmaster may be imprinted electronically on the weighmaster certificate in lieu of a handwritten signature, if the electronically imprinted name is that of the weighmaster who weighed, measured, or counted the commodity or that of another weighmaster pursuant to Section 12712.
(d) The kind of commodity and any other information that may be necessary to identify the product or distinguish it from a similar commodity.
(e) The number of units of the commodity. If not personally determined by a weighmaster, the certificate shall contain the words “driver’s count” or “loader’s count,” as appropriate, after the number of commodity units. The abbreviation “D.C.” or “L.C.” may be used in lieu of the complete words.
(f) The name of the owner, or his or her agent, and the consignee. If the transaction involves hay or hay products, the name and address of the grower, and his or her agent, as provided by the driver of the vehicle.
(g) At least one of the following:
(1) The gross weight of the commodity and the vehicle or container, if only the gross weight was determined.
(2) The tare weight of the unladen vehicle or container, if only the tare weight was determined.
(3) The gross, tare, and net weights when a gross and tare are used in determining the net weight.
(4) The true net weight, measure, or count when no gross and tare weights are involved in determining the net quantity of the product.
(h) The tare weights, and the code identification or description of boxes, bins, pallets, or other containers.
(i) The correct identification of the vehicle, combination of vehicles, or other means by which the commodity was delivered. If an equipment number is used to identify a vehicle or combination of vehicles, there shall be traceability to the registered vehicle license numbers through the weighmaster’s records.
(j) The unit of measure, such as pounds, tons, gallons, kilograms, or cubic yards, used to identify the quantity.
(Amended by Stats. 1992, Ch. 203, Sec. 1. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12716.

12716. All weighmasters shall keep and preserve, as records, for a period of four years, all copies of voided certificates, records, and worksheets required by this chapter and true copies of all weighmaster certificates issued. These records shall, at all times, be open for inspection by the secretary.
(Amended by Stats. 2017, Ch. 573, Sec. 63. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12716.5.

12716.5. A certificate on which a weight, measure, or count error is discovered after issuance shall be corrected by issuing a correction certificate to all parties who were issued the original certificate.
The word “INCORRECT” shall be written across the face of the original certificate. The original certificate number and reason for the correction shall be recorded on the correction certificate.
(Added by Stats. 1984, Ch. 646, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12717.

12717. Any weighing, measuring, or counting instrument or device, as defined in Section 12500, which is used by a weighmaster and for which specifications and tolerances have been adopted by the secretary, shall be approved, tested, and sealed in accordance with this division.
(Amended by Stats. 2017, Ch. 573, Sec. 64. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12718.

12718. Any person who does any of the following acts is guilty of a misdemeanor:
(a) Requests any person to weigh, measure, or count any commodity falsely or incorrectly.
(b) Requests a false or incorrect weighmaster certificate.
(c) Furnishes or gives false information to a weighmaster for use in the completion of a weighmaster certificate.
(d) Knowingly presents for payment a false weighmaster certificate.
(e) Knowingly issues a weighmaster certificate giving thereon a false weight, measure, or count.
(f) Alters a weighmaster certificate resulting in giving thereon a false weight, measure, or count.
(g) Possesses unfilled or unused weighmaster certificate forms, if he or she is not a weighmaster.
(h) Issues a weighmaster certificate that contains alterations or omissions of gross or tare weights, net only weights, or measurements.
(Amended by Stats. 1992, Ch. 297, Sec. 4. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 7 - Weighmasters › Section 12718.5.

12718.5. Subdivision (g) of Section 12718 does not apply to any of the following:
(a) Persons engaged in the business of printing, distributing, or selling weighmaster certificate forms.
(b) Persons possessing or transporting combination grade and weight certificates to be used by employees of marketing order boards or grading inspection services of either the department or the United States Department of Agriculture.
(Added by Stats. 1984, Ch. 646, Sec. 4.)