reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12009.

12009. “Sell,” in any of its variant forms, includes barter, exchange, trade, rent, lease, keep for sale, offer for sale, or expose for sale, in any of their variant forms.
(Amended by Stats. 1995, Ch. 156, Sec. 1. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12011.5.

12011.5. Wherever in this division the terms “copies” or “standards” or “copies of the standard weights and measures” are used, such terms shall refer to the original standards in the possession of the department or to true and accurate copies derived therefrom.
(Added by Stats. 1939, Ch. 992.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12011.6.

12011.6. “Container” means any receptacle or carton, whether lidded or unlidded, into which a commodity is packed or placed, or any wrappings with or into which any commodity is wrapped or put for sale.
(Added by Stats. 1949, Ch. 1384.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12012.

12012. The secretary may exercise any power conferred upon the department or upon the State Sealer by this division through the State Sealer or otherwise.
(Amended by Stats. 2012, Ch. 661, Sec. 18. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12012.1.

12012.1. The secretary may bring an action to enjoin the violation, or the threatened violation, of any provision of this division, or of any regulation adopted pursuant thereto, in the superior court in the county in which the violation occurs or is about to occur. There may be joined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residence, or place of business, may be in several counties and the violations separate and distinct. Any proceeding that is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The county sealer of any county acting through the district attorney or county counsel of that county may bring an action to enjoin the violation in the county or the threatened violation in the county of any provision of this division or of any regulation adopted pursuant thereto in the same manner as may the secretary, and if the secretary joins as a party plaintiff, those actions shall not be limited to violations occurring within the county.
(Amended by Stats. 2012, Ch. 661, Sec. 19. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12013.

12013. (a) Any sealer shall have the authority, as a public officer, to arrest, without a warrant, any person whenever such officer has reasonable cause to believe that the person to be arrested has, in his presence, violated any provision of this division, the violation of which is declared to be a public offense.
In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with respect to any proceeding based upon the issuance of a citation pursuant to this authority.
This subdivision shall not be interpreted to prevent further restriction by the board of supervisors of a county of the authority of a county sealer or his deputies to make arrests.
(b) There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance.
(c) Any sealer may serve all processes and notices throughout the state; provided, that county sealers and their deputies are authorized to serve processes and notices only within the boundaries of the county which employs them.
(Amended by Stats. 1979, Ch. 527.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12014.

12014. (a) Except as provided in subdivision (b), any sealer who seals any weight, measure, balance or weighing or measuring instrument or apparatus before first testing and making it conform with the standards of the state, or who condemns any weight, measure, balance or weighing or measuring instrument or apparatus without first testing it is guilty of a misdemeanor.
(b) A sealer may engage in a planned program of probability sampling of devices, using methods approved by the secretary. The sealing of a device by a sealer pursuant to such sampling and testing program is exempt from the provisions of subdivision (a).
(Amended by Stats. 2017, Ch. 573, Sec. 45. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12015.5.

12015.5. Any person convicted of violating any of the provisions of this division, or, except as provided in Section 12015.3, any person who is determined to be civilly liable for violating any of the provisions of this division, shall be liable for reasonable costs incurred in investigating the action.
(Amended by Stats. 2005, Ch. 529, Sec. 2. Effective January 1, 2006.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12017.

12017. All officers, directors and managers of corporations, whose respective corporations use or sell any weights, measures, or weighing or measuring instruments which are subject to inspection shall comply with the provisions of this division on behalf of their respective corporations; and all officers, directors and managers of corporations, whose respective corporations sell any commodity which is subject to inspection shall comply with the provisions of this division on behalf of their respective corporations.
In case any corporation violates any of the provisions of this division, the corporation and the officers thereof directly concerned with the act or acts constituting such violation shall be severally guilty of a misdemeanor.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12018.

12018. Any person neglecting or refusing to exhibit any weight, measure, weighing or measuring instrument, or appliances and accessories connected therewith in his possession or under his control, to any sealer for inspection and examination is guilty of a misdemeanor.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12020.

12020. It shall be unlawful for any person, by himself or through or for another, to use for commercial purposes any weight or measure or weighing, measuring or counting instrument, knowing it to be “incorrect” as this term is defined in subdivision (d) of Section 12500. Every person who violates this section is guilty of a misdemeanor.
(Amended by Stats. 1973, Ch. 977.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12021.

12021. Every person who knowingly marks or stamps false or short weight or measure, or knowingly takes false tare, on any container, or knowingly sells any container so marked, is guilty of a misdemeanor.
(Amended by Stats. 1941, Ch. 306.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12022.

12022. Every person who, in putting up in any container, goods usually sold by weight, puts in or conceals therein any other substance including moisture, except such moisture as may be included or absorbed by the goods or commodity contained therein during preparation for market or processing in accordance with ordinary commercial practice, for the purpose of increasing the weight of such container with intent thereby to sell the goods therein or to enable another to sell the same, for an increased weight, is punishable by a fine of not less than twenty-five dollars ($25) for each offense. The amount of added moisture contained in poultry meat as defined in Section 380.20 of the Agricultural Code shall not exceed 4 percent by weight or any greater amount established by regulation of the secretary.
(Amended by Stats. 2017, Ch. 573, Sec. 46. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12022.5.

12022.5. Fresh meat or roasts of any kind or cut shall be exposed, advertised, offered for sale or sold on the basis of net weight of the fresh meat or roast only, and any added fat of any kind whatsoever either wrapped within or injected with a larding needle or otherwise inserted in such fresh meat or roast shall be considered as tare weight only.
Notwithstanding the above provision, added fat shall not be considered tare weight if the meat package containing such added fat is clearly and prominently labeled in eight-point type or larger with the term “fat added.”
(Added by Stats. 1976, Ch. 1077.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12023.

12023. Except as provided elsewhere in this code any person who by himself or his employee or agent, or as the employee or agent of another, sells any commodity according to gross weight or measure is guilty of a misdemeanor.
(Amended by Stats. 1967, Ch. 272.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12023.5.

12023.5. Notwithstanding any other provision of this code or any other law, jute cordage, hard fiber cordage, and hard fiber twine (whether covered or uncovered) may be marked and sold on a gross weight basis. The provisions of the fore-going sentence shall not apply to sales in retail stores for consumer use of any such product which has been removed from the wrapper or container in which it was received by the retailer.
(Amended by Stats. 1965, Ch. 190.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.

12024. Every person, who by himself or herself, or through or for another, sells any commodity in less quantity than he or she represents it to be is guilty of a misdemeanor, except as provided in Section 12024.3.
(Amended by Stats. 1982, Ch. 1380, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.1.

12024.1. Every person, by himself, or through or for another, who willfully misrepresents a charge for service rendered on the basis of weight, time, measure, or count is guilty of a misdemeanor.
(Added by Stats. 1969, Ch. 731.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.2.

12024.2. (a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following:
(1) Charge an amount greater than the price, or to compute an amount greater than a true extension of a price per unit, that is then advertised, posted, marked, displayed, or quoted for that commodity.
(2) Charge an amount greater than the lowest price posted on the commodity itself or on a shelf tag that corresponds to the commodity, notwithstanding any limitation of the time period for which the posted price is in effect.
(b) A violation of this section is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if the violation is willful or grossly negligent, or when the overcharge is more than one dollar ($1).
(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less.
(d) As used in subdivisions (b) and (c), “overcharge” means the amount by which the charge for a commodity exceeds a price that is advertised, posted, marked, displayed, or quoted to that consumer for that commodity at the time of sale.
(e) Except as provided in subdivision (f), for purposes of this section, when more than one price for the same commodity is advertised, posted, marked, displayed, or quoted, the person offering the commodity for sale shall charge the lowest of those prices.
(f) Pricing may be subject to a condition of sale, such as membership in a retailer-sponsored club, the purchase of a minimum quantity, or the purchase of multiples of the same item, provided that the condition is conspicuously posted in the same location as the price.
(Amended by Stats. 2004, Ch. 752, Sec. 2. Effective January 1, 2005.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.3.

12024.3. (a) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if any of the following occurs:
(1) The violation is willful.
(2) The total monetary value of the shortage, calculated on the basis of the average error of an individual lot, exceeds two dollars ($2), as determined pursuant to regulations adopted pursuant to Section 12211.
(3) The total monetary value of shortages, calculated on the basis of the average error of each individual lot, as determined from a sample of packages selected pursuant to regulations adopted pursuant to Section 12211, within all lots found to be in violation of Section 12024 at a single location, exceeds ten dollars ($10).
(b) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is an infraction, punishable by a fine of not more than one hundred dollars ($100), if the violation is of less monetary value than that specified in subdivision (a) and it is not willful.
(Amended by Stats. 1983, Ch. 1245, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.5.

12024.5. It is unlawful for any person to sell or advertise for sale any dressed poultry or any other fowl or rabbit in dressed form, either cooked or uncooked, or smoked, fresh, frozen, cooked, dried, or pickled meats or fish other than by weight determined at the time of sale on a scale properly sealed in accordance with this division. Any commodity specified in this section, however, need not be weighed at the time of sale if at that time it is packed in a package or container upon which appears the net weight of the commodity therein. Except as provided below, any person, including, but not limited to, a manufacturer, processor, packer, wholesaler, or jobber that packs any commodity specified in this section in any package which is intended for retail sale, shall mark the net weight of the commodity therein upon the package. Packages of these products intended for retail sale need not be marked by the packer with the net weight of the commodity if they are to be marked with the net weight of the commodity by the retailer who purchases or receives the packages from the packer. This section does not apply to any of the following ready-to-eat food items:
(a) Items sold for consumption on the premises.
(b) Items sold as one of three or more different elements, excluding condiments, comprising a ready-to-eat meal sold as a unit, for consumption elsewhere than on the premises where sold.
(c) Ready-to-eat meat, poultry, or seafood cooked or heated on the premises but not packaged in advance of sale.
(d) Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.
(Amended by Stats. 1986, Ch. 1516, Sec. 1. Effective September 30, 1986.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.55.

12024.55. Packages of meat, fish, or poultry offered for sale by door-to-door salespersons shall display the price per pound for each type and cut in the package. The price per pound shall be separately and accurately stated and shall be preceded by the words “price per pound” on each principal display panel of the package, as the term “principal display panel” is defined by regulations of the director adopted pursuant to Section 12610. All numbers and letters of the price per pound shall be of uniform size, at least one-quarter inch (6.35 millimeters) in height, and shall be generally parallel to the net quantity statement. There shall in addition be an area surrounding the statement of price at least equal in width to the height of the letters and numbers in the statement of price which shall be free of any printed material.
(Repealed and added by Stats. 1982, Ch. 532, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.6.

12024.6. No person, firm, corporation, or association shall advertise, solicit, or represent by any means, a product for sale or purchase if it is intended to entice a consumer into a transaction different from that originally represented.
(Added by Stats. 1975, Ch. 907.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.7.

12024.7. Any person who sells meat directly to the consumer on the basis of primal cuts or carcass weight shall supply the buyer with an accurate statement of weight at time of sale of the carcass or primal cut purchased, and shall supply a complete and accurate statement which shall contain the weight of the meat delivered to the buyer and the number and type of cuts. When any fruits, vegetables, or other food products are sold as part of a combination sale with meat sold directly to the consumer on the basis of primal cuts or carcass weight, the seller shall supply an itemized statement showing the net quantity of any fruits, vegetables, and other food products delivered to the buyer. This section shall also apply to any person who custom cuts any meat animal carcass or part of such carcass for the owner, except the carcass of any game mammal taken as authorized by the Fish and Game Code.
(Added by Stats. 1967, Ch. 1449.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.9.

12024.9. (a) All terms contained in this section which are defined by the United States Department of Agriculture shall have the same meaning as defined by such department.
(b) “Retail cuts” as used in this section shall mean a cut of meat from a primal cut for direct sale to the consumer.
(c) “Freezer meat” as used in this section means any uncooked meat which is sold directly to the consumer on the basis of primal cuts, carcass weight or any specified portion of a carcass, other than retail cuts.
(d) “Variety pack” as used in this section means freezer meat cut or packaged, or both, into retail cuts or other frozen food products, or both, sold for a stipulated total price.
(e) “Consumer” as used in this section means any purchaser of freezer meat or variety pack meat.
(f) Whenever any retail cuts of meat are sold in a variety pack the retailer shall furnish, at the time of sale, an itemization of the total net weight of each of the various retail cuts sold and the total net weight of the entire meat purchase, and a separate itemization shall be furnished for frozen food products other than meat indicating price and weight of each product.
(g) Whenever freezer meat is sold directly to the consumer, the consumer shall be supplied at the time of sale with the weight of the carcass or primal cuts before cutting and a complete and accurate inventory which shall contain the net weight of meat delivered. The consumer shall also be supplied with complete cutting instructions for each cut of meat processed and an exact inventory of each such cut. The consumer shall also be furnished with the total weight of ground meat from carcass or primal cuts.
(h) A half of beef shall consist of a forequarter and a hindquarter from the same animal. When beef is sold as a half of beef, the consumer shall be furnished an invoice listing the weight of each such quarter. Not more than 8 percent tolerance differential shall be allowed.
(i) Whenever the consumer buys freezer meats or variety packs, the entire order shall be delivered to the consumer or held and maintained in storage and available for such consumer.
(Added by Stats. 1975, Ch. 454.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.10.

12024.10. A true and legible copy of each document issued pursuant to Section 12024.7 or 12024.9 shall be retained by the person, company, or corporation issuing the document for a period of one year and shall be made available for inspection by a sealer upon request. This section shall not apply to primal cuts of meat which are smaller than one quarter of a carcass.
(Added by Stats. 1981, Ch. 758, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.11.

12024.11. The secretary shall adopt necessary rules and regulations pertaining to the sale or advertisement of wood for fuel purposes in order to standardize quantities of measurement and to protect against deceptive marketing practices.
(Amended by Stats. 2012, Ch. 661, Sec. 20. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12024.13.

12024.13. (a) A dealer of a beverage in a container subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code shall not charge an amount for a redemption payment for a beverage container that is greater than the amount set forth in Section 14560 of the Public Resources Code.
(b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public Resources Code.
(c) A violation of this section is an infraction punishable by a fine of not more than one hundred dollars ($100) when the overcharge is one dollar ($1) or less.
(d) In the written report required pursuant to Section 12209, a sealer shall separately report any action taken to enforce this section that results in a penalty being levied for a violation of this section.
(e) Nothing in this section is intended to limit or alter the authority of the Department of Resources Recycling and Recovery under the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code).
(Added by Stats. 2014, Ch. 605, Sec. 1. (AB 2251) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12025.

12025. Any person, who by himself, or his employee or agent, or as a proprietor or manager, refuses to exhibit any commodity being sold at a given weight or quantity, or ordinarily so sold, to a sealer for the purpose of allowing the same to be proved as to the quantity thereof is guilty of a misdemeanor.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12025.5.

12025.5. Whenever any commodity or any container is ordered off sale under the provisions of Section 12211 or Section 12607 of this division, the sealer shall cause the commodity or container affected by such off-sale order to be identified by a tag or other suitable device with the words “off sale.” It shall be unlawful to remove or obliterate any such tag or device placed upon such commodity or container or in any way dispose of or commingle such commodity or container or prepare, pack, place, deliver for shipment, deliver for sale, sell, or cause to be loaded, shipped, or transported, any such commodity or container before it has been released by the sealer.
(Amended by Stats. 1969, Ch. 1309.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12026.

12026. (a) Except as otherwise specifically provided, any person violating any of the provisions of this division is guilty of a misdemeanor.
(b) It is unlawful for any person to violate any of the rules, regulations, tolerances, specifications, or standards adopted under the provisions of this division.
(Amended by Stats. 1989, Ch. 818, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12026.5.

12026.5. Except as otherwise specifically provided, the remedies or penalties provided by this division are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(Added by Stats. 1979, Ch. 527.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 1 - General Provisions › Section 12027.

12027. The secretary may make rules and regulations as are reasonably necessary for the purpose of carrying out the provisions of this division.
(Amended by Stats. 2012, Ch. 661, Sec. 21. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12100.

12100. Where not otherwise provided by law, the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state.
(Amended by Stats. 1989, Ch. 246, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12101.

12101. The department shall investigate conditions in the various counties and cities in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12102.

12102. The department shall annually report to the Governor, and shall prior to each regular session report to the Legislature the work under this division, and shall make such recommendations as may be proper and necessary.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12103.

12103. The department shall keep a complete record of all of its acts, a record of prosecutions, and the reports of the various sealers. These records and reports shall be open to the public.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12103.5.

12103.5. The duty of enforcing this division and carrying out its provisions and requirements is vested in the secretary and in each sealer acting under the supervision and direction of the secretary.
(Amended by Stats. 2017, Ch. 573, Sec. 47. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12104.

12104. (a) The department shall issue instructions and make recommendations to the county sealers, and the instructions and recommendations shall govern the procedure to be followed by these officers in the discharge of their duties.
(b) Instructions and recommendations that are made to ensure statewide weights and measures protection shall include a local administration cost analysis utilizing data provided by the county sealer. The cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The secretary shall develop, jointly with the county sealers, county priorities for the enforcement programs and activities of the secretary.
(Amended by Stats. 2013, Ch. 275, Sec. 3. (AB 1420) Effective January 1, 2014.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12104.5.

12104.5. The secretary may allocate annually to each county an amount determined by the secretary not to exceed one-third of the amount expended by the county pursuant to this division during the previous fiscal year for weights and measures programs. The allocation shall be made from funds appropriated to the secretary for the administration and enforcement of this division at the local level.
(Amended by Stats. 2012, Ch. 661, Sec. 23. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12105.

12105. The department shall, at a frequency determined by the secretary, inspect the work of the local sealers and may inspect the weights, measures, balances, or any other weighing or measuring devices of any person.
(Amended by Stats. 2012, Ch. 661, Sec. 24. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12106.

12106. The department shall, at least once annually and as often as requested by the Department of General Services or the executive officer of a state institution, test the scales, weights and measures used in checking the receipt and disbursement of supplies in any state institution, and shall report in writing its findings to the executive officer of the institution concerned.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12106.5.

12106.5. The secretary may accept the testing and sealing of weighing and measuring devices by another state upon a finding that the requirements of California for testing and sealing such devices have been met.
(Amended by Stats. 2012, Ch. 661, Sec. 25. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12107.

12107. The secretary shall establish tolerances and specifications and other technical requirements for commercial weighing and measuring. In doing so, the secretary shall adopt, by reference, the latest standards as recommended by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44 “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” except as specifically modified, amended, or rejected by regulation adopted by the secretary.
The secretary may, by regulation, establish tolerances and specifications for commercial weighing and measuring devices not included in Handbook 44.
Any regulation shall be adopted, amended, or repealed in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
It shall be unlawful for any person to violate any of the rules, regulations, tolerances, specifications, or standards established under this section.
(Amended by Stats. 2012, Ch. 661, Sec. 26. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12107.1.

12107.1. The secretary, by regulation, may establish a standard or standards of net weight or net measure, or net count of any commodity, except any manufactured commodity consisting of four or more staple ingredients. These standards, whenever applicable, shall be based upon published, official federal or state specifications and requirements or, in the absence of any published official specifications, upon established and accepted common usage. Any regulation shall be adopted, amended, or repealed in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Whenever a standard, net weight, net measure, or net count has been established for any commodity, it is unlawful to sell the commodity by, at, or for a quantity greater or less than the standard.
(Amended by Stats. 2012, Ch. 661, Sec. 27. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 1 - State Administration › Section 12108.

12108. The secretary may arrange for the services of a sealer employed in a county on a collaborative basis and allow reasonable compensation and expenses for the purpose of performing services not already within his or her duties and that are subject to administration or enforcement by the department under the provisions of this code or of the Food and Agricultural Code.
(Amended by Stats. 2012, Ch. 661, Sec. 28. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12200.

12200. There is in each county the office of county sealer of weights and measures. The county sealer shall be appointed by the board of supervisors, except in chartered counties where a different method of appointment is prescribed. The term of office of such sealer is four years from and after his appointment and until his successor is appointed but he may be removed as hereinafter provided.
In addition to his salary each sealer is entitled to his necessary traveling and other expenses incurred in the performance of his duties.
A county sealer may, with the consent of the power appointing him, appoint deputies or inspectors when necessary or expedient to carry out the duties of his office. Such deputies or inspectors shall serve at the pleasure of the county sealer.
The sealer may employ such clerks and employees as may be approved by the appointing power. Any such clerk or employee shall not have authority to enforce the provisions of this chapter.
A county may in its discretion refer to a deputy county sealer as a weights and measures inspector.
(Amended by Stats. 1965, Ch. 83.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12201.

12201. If from any cause a vacancy occurs in the office of county sealer, the secretary upon learning of the vacancy shall immediately transmit to the board of supervisors or other appointing power a list of persons licensed by him or her for the position. If the appointing power fails to appoint a county sealer within 60 days after the receipt of the list, the secretary shall appoint a county sealer from that list. A person holding the position of Deputy State Sealer shall be appointed the county sealer of weights and measures for, and an employee of, the county to which he or she is assigned. The secretary shall issue to him or her a license that is valid only for the county he or she is serving. He or she shall become subject to this code.
(Amended by Stats. 2012, Ch. 661, Sec. 29. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12201.1.

12201.1. The salary and other compensation provided for the county sealer, deputy county sealers and inspectors and clerks shall be paid out of the county treasury in the same manner and at the same time as other county officers are paid. The county sealer, deputy county sealers and inspectors shall each be entitled to receive his traveling and incidental expenses incurred in the performance of his duties.
(Amended by Stats. 1963, Ch. 1600.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12201.2.

12201.2. If the position of sealer cannot be filled by the board of supervisors or other appointing power or by the secretary as provided in Section 12201, then it shall be the duty of the secretary to perform the duties of sealer in the same manner, to the same extent, and with the same authority as if he or she had been the duly appointed sealer therein. The board of supervisors of the county shall reimburse the department for all expenses incurred by the secretary in fulfilling his or her responsibilities under the provisions of this section.
(Amended by Stats. 2012, Ch. 661, Sec. 30. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12202.

12202. (a) The secretary shall cause to be examined persons desiring to become county sealers, deputy county sealers, or inspectors and shall adopt rules and regulations governing these examinations given for the purpose of determining the fitness, experience, and qualifications of candidates for these positions. The secretary may provide for inspectors qualified to be employed in designated categories. Successful candidates shall be given a license that shall be good for five years unless revoked. Licenses of incumbent county sealers, deputy county sealers, or inspectors shall be renewed upon expiration without further examination.
(b) The secretary may charge each candidate a fee to cover the actual cost of providing the license examination.
(Amended by Stats. 2012, Ch. 661, Sec. 31. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12203.

12203. Except as provided in this section, no person shall hereafter be appointed to the office of county sealer, deputy county sealer, or inspector unless he or she has a license issued by the secretary as provided in Section 12202. If there is no person available for the position of county sealer who holds a license, the appointing power may make a temporary appointment of a person recommended in writing by the secretary. If the appointing power does not make a temporary appointment and no person can be appointed from the eligible list by the secretary, then the secretary may make a temporary appointment of a person competent to carry on the duties of the office. Any temporary appointment shall be for a period not exceeding six months or until the next license examination is held. If the position of deputy county sealer or inspector cannot be filled from the lists, a temporary appointment may be made, upon the written recommendation of the secretary for a period not exceeding six months.
(Amended by Stats. 2012, Ch. 661, Sec. 32. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12204.

12204. In chartered counties providing for the civil service examination of sealers, deputy sealers, or inspectors the secretary shall issue a license without further examination upon presentation of a certificate showing the candidate has passed the examination. In these counties the board or commission responsible for the civil service examination may require a license from the secretary as a minimum qualification.
(Amended by Stats. 2017, Ch. 573, Sec. 48. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12205.

12205. For the purpose of receiving advice on the best and most efficacious methods of performing his or her duties and conducting his or her office, every county sealer serving in a county shall attend the annual meeting of the California Agricultural Commissioners and Sealers Association and other meetings as the department or the board of supervisors requires.
The county sealer shall be allowed all actual and necessary traveling expenses incurred while on any service that requires him or her to go outside the county. Those expenses shall be a charge against the county in which the county sealer is employed.
(Amended by Stats. 2012, Ch. 661, Sec. 33. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12206.

12206. The jurisdiction of a county sealer appointed by a county or the secretary extends over the entire territorial limits of the county.
(Amended by Stats. 2017, Ch. 573, Sec. 49. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12207.

12207. The department shall furnish an identification card to each sealer. The identification card shall be of a form as prescribed by the department and shall be returned to the department by the sealer upon termination of his duties as a sealer.
(Added by Stats. 1953, Ch. 87.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12209.

12209. Every sealer shall:
(a) Carefully preserve all copies of the standards of weights and measures in his possession;
(b) Keep the copies in a safe and suitable place when not actually in use;
(c) Annually and at such other times as the department requires file with the department a written report of the work done by him, of the weights, measures, weighing and measuring instruments inspected or tested by him, the result of such inspection, of all prosecutions instituted by him for violations of the provisions of this division and of all other matters and things pertaining to his duties or which may be required by the department.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12209.5.

12209.5. Each sealer may, when so directed by the board of supervisors, issue and cause to be distributed to such persons as he may deem proper illustrative material or statements best adapted to insure the correct use of weights and measures and weighing and measuring devices and may prepare exhibits designed to inform the public for its protection of the duties performed by weights and measures officials.
(Added by Stats. 1941, Ch. 303.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12209.6.

12209.6. (a) A county sealer may test and certify the accuracy of all parking meters located in the county in which the sealer has jurisdiction, including, but not limited to, parking meters owned or operated by a city, county, or a city and county.
(b) If the county sealer determines that a specific parking meter is inaccurate, the sealer shall notify the owner or operator of the meter, may immediately close the meter, and any person may park a vehicle free of charge in the parking space to which the inaccurate meter corresponds until the owner or operator replaces or repairs the inaccurate parking meter.
(c) For purposes of this section, an “inaccurate parking meter” means a parking meter that provides less time than is paid for by a person using the metered parking space.
(Amended by Stats. 2000, Ch. 511, Sec. 2. Effective January 1, 2001.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12210.

12210. (a) Each sealer shall, within his or her county inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurements, and tools, appliances and accessories connected with any or all such instruments or measures, sold, or used by any proprietor, agent, lessee or employee for commercial purposes, as defined in subdivision (e) of Section 12500.
(b) Each sealer shall, when so directed by the board of supervisors of his or her county, and only upon the written request of any person, firm or corporation, calibrate, test, weigh, and measure, and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The board of supervisors may authorize the sealer to establish from time to time a schedule of fees to cover the cost of such service and to charge and collect the fees.
(Amended by Stats. 1981, Ch. 178, Sec. 1.)