reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12210.3.

12210.3. (a) A county sealer who possesses the appropriate equipment to perform tests on water submeters shall inspect, test, and certify to the accuracy of a water submeter, within his or her county and upon written request of the owner, user, or operator of the water submeter, if any of the following circumstances exist:
(1) The service is requested to be performed in addition to, or according to a schedule different from, any inspection frequency established by regulations adopted pursuant to Section 12212.
(2) The requested service pertains to a water submeter not intended to be placed into service in the county within six months.
(3) The requested service pertains to a water submeter intended to be placed into service in a different county.
(b) Notwithstanding Section 12210.5, the board of supervisors may authorize the sealer to establish, from time to time, a schedule of fees to cover the cost of services provided under subdivision (a) and to charge and collect the fees. The fee schedule shall be limited to the actual cost of performing those services.
(Added by Stats. 2014, Ch. 539, Sec. 1. (AB 2451) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12210.5.

12210.5. (a) Any county which inspects or tests any weighing or measuring device or instrument used commercially, at the request of the owner or user of that device, when inspection or testing of the device could legally be performed by a registered service agency, as defined in Section 12531, may, if authorized by the county board of supervisors, collect from the requesting owner or user thereof a fee.
(b) That fee shall be based upon a uniform schedule of fees, which shall be prescribed by the secretary for use by the counties. The secretary shall prepare the schedule of fees to be comparable with the rates charged by the industry’s registered service agencies. All fees collected shall be credited to the general fund of the county in which collected and used only for the administration and enforcement of laws pertaining to weights and measures.
(Amended by Stats. 2012, Ch. 662, Sec. 1. (AB 1181) 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 12210.7.

12210.7. A county sealer shall, within his or her county and upon written request of the owner, user, or operator of the water submeter, authorize the installation of a water submeter that has been inspected, tested, and sealed by the county sealer of another county if all of the following conditions are met:
(a) The meter bears a seal that represents the most recent seal of the county in which the water submeter was inspected, in accordance with the provisions of Section 12505.
(b) The water submeter is installed no later than 12 months after the water submeter was inspected, tested, and sealed.
(c) The county sealer does not have reason to believe the water submeter has been tampered with, damaged, or otherwise rendered inoperable since the inspection, testing, and sealing by the other county sealer.
(Added by Stats. 2014, Ch. 539, Sec. 2. (AB 2451) Effective January 1, 2015.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12211.

12211. Each sealer shall, from time to time, weigh or measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and whether they are being sold in accordance with law.
The secretary shall adopt necessary regulations governing the procedures to be followed by sealers in connection with the weighing or measuring of amounts of commodities in individual packages, containers, or lots of packages or containers, including the procedures for sampling a lot, and for determining whether any package, container, or a lot of packages or containers complies with this section.
In adopting those regulations, the secretary shall adopt by reference the package checking procedures recommended by the National Conference on Weights and Measures and published in the current edition of the National Institute of Standards and Technology Handbook 133, “Checking the Net Contents of Packaged Goods,” and any subsequent amendments thereto, except insofar as those requirements are specifically modified, amended, or rejected by a regulation adopted by the secretary.
Any lot, package, or container of any commodity that conforms to this section shall be deemed to be in conformity with this division relating to stated net weights or measures.
Whenever a lot, package, or container of any commodity is found to contain, through the procedures authorized in this section, a less amount than that represented, the sealer shall order, in writing, that lot, package, or container of commodity off sale and require that an accurate statement of quantity be placed on each package or container before it may be released for sale by the sealer in writing. The sealer may seize as evidence any package or container that is found to contain a less amount than that represented.
(Amended by Stats. 1995, Ch. 156, Sec. 2. Effective January 1, 1996.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2 - Local Administration › Section 12212.

12212. (a) The secretary shall adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring apparatus in the state.
(b) The sealer of each county shall perform such inspections as may be required by the secretary. Nothing in this section shall be construed to prohibit the sealer from inspecting a device more frequently than required if he or she deems those tests to be necessary.
(c) Any regulation shall be adopted by the secretary in conformity with the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code.
(d) In counties where the secretary finds that the sealer, because of lack of equipment, is unable or fails to perform the tests as required herein, the secretary may enter into a contract with the board of supervisors of each of those counties to perform the tests. Those contracts shall provide that the county shall pay the cost of those services based upon a uniform schedule of fees developed by the secretary. The fee schedule shall be based on the approximate cost of performing those services. The contracts shall also provide that the secretary shall periodically render a bill to each county so served for the cost of services rendered, and the auditor of the county so billed shall pay the charge in the same manner in which other claims against the county are paid.
(e) All fees collected under the provisions of this section shall be credited to the Department of Food and Agriculture Fund.
(Amended by Stats. 2012, Ch. 661, Sec. 35. (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 12213.

12213. Each sealer may, in the general performance of his duty, without formal warrant, enter or go into or upon, any stand, place, building or premises or stop any vendor, peddler, junk-dealer, driver of a coal, ice, delivery, or other wagon or vehicle, containing commodities for sale or delivery and, if necessary, require him to proceed with the commodity to some place which the sealer may specify for the purpose of making the proper tests.
(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 12214.

12214. (a) Upon satisfactory evidence presented to the secretary that the county sealer of any county is guilty of neglect of duty, incompetence, or misconduct in office, the trial board hereinafter provided for shall hold a hearing or hearings at times and places that it shall provide.
(b) The secretary and the president of the voluntary association of the sealers of the state shall select an impartial third person who, with them, shall compose a county sealer’s trial board to determine whether the sealer is guilty of the charges presented.
(c) At least 10 days prior to the date of hearing, the secretary shall give notice in writing to the sealer of the time and place of hearing and any information as to the nature of the charges that will enable the sealer to make a defense thereto.
(d) At the hearing or hearings, the trial board shall hear evidence that is offered and thereafter, within 30 days, make an order dismissing the charges or an order disqualifying the sealer.
(e) In case the order disqualifies the sealer, the secretary shall forthwith revoke the sealer’s license and declare the office vacant and a copy of the order shall be immediately transmitted by the secretary to the board of supervisors and the auditor of the county in which the sealer held office.
(f) The license of a deputy sealer or inspector may be revoked in the same manner and for the same causes that a license of a sealer may be revoked.
(Amended by Stats. 2012, Ch. 661, Sec. 36. (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 12215.

12215. A county sealer who receives information or evidence indicating that any weighing or measuring device, parking meter, or other installation under the county sealer’s jurisdiction has been altered in such a way as to facilitate any type of fraud shall coordinate with the appropriate law enforcement authorities as needed in investigating and prosecuting the fraudulent activity.
(Added by Stats. 2016, Ch. 329, Sec. 1. (AB 2307) Effective January 1, 2017.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2.1 - Fees and Charges › Section 12241.

12241. The secretary shall establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the department for exercising supervision over and performing investigations in connection with the activities performed pursuant to Sections 12210 and 12211 and to recover reasonable costs incurred by the department for the safekeeping and certification of the state standards pursuant to Section 12304 and for certification services provided pursuant to Sections 12305 and 12310. This administrative fee shall be collected for every device registered with each county office of weights and measures, and paid to the Department of Food and Agriculture Fund.
(Amended by Stats. 2017, Ch. 429, Sec. 73. (SB 547) Effective January 1, 2018. Repealed as of January 1, 2029, pursuant to Section 12246.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2.1 - Fees and Charges › Section 12242.

12242. The revenue from any fee charged pursuant to Section 12240 shall be deposited in the general fund of the county and used solely for the activities required by Sections 12210 and 12211.
(Amended by Stats. 1993, Ch. 1050, Sec. 2. Effective January 1, 1994. Repealed as of January 1, 2029, pursuant to Section 12246.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2.1 - Fees and Charges › Section 12243.

12243. In addition to providing notice as otherwise required, before adopting an ordinance charging fees pursuant to Section 12240, the board of supervisors shall hold at least one public meeting, at which oral or written presentations can be made, as part of a regularly scheduled meeting. Notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the information required by this section is available, shall be mailed at least 14 days prior to the meeting to any interested party who files a written request with the board of supervisors. Any written request for the mailed notices shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for the mailed notices shall be filed on or before April 1 of each year. The board of supervisors may establish a reasonable annual charge for sending the notices based on the estimated cost of providing that service. At least 10 days prior to the meeting, the board of supervisors shall make available to the public information indicating the amount of cost, or estimated cost, required to provide the service for which the fee is charged and the revenue sources anticipated to provide the service, including general fund revenues. If the fees create revenues in excess of actual cost, those revenues shall be used to reduce the fee creating the excess.
(Amended by Stats. 1983, Ch. 1245, Sec. 6. Repealed as of January 1, 2029, pursuant to Section 12246.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2.1 - Fees and Charges › Section 12244.

12244. Any costs incurred by the board of supervisors in conducting the required meeting may be recovered from fees charged for the services which were the subject of the meeting.
(Added by Stats. 1982, Ch. 1380, Sec. 4. Repealed as of January 1, 2029, pursuant to Section 12246.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 2 - Administration › ARTICLE 2.1 - Fees and Charges › Section 12246.

12246. This article shall remain in effect only until January 1, 2029, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 575, Sec. 2. (AB 1304) Effective January 1, 2024. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Article 2.1, commencing with Section 12240.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12300.

12300. Contracts made within this State for work to be done or for anything to be sold or delivered by weight or measure shall be construed according to the common standards, or according to the weights and measures of the metric system authorized by Congress, as the contract provides.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12303.

12303. The state standards of weights and measures by which all state and county standards of weights and measures shall be tried, proved, and sealed include the following standards, provided the standards have been certified relative to national standards under the direction of the National Institute of Standards and Technology:
(a) Metrological standards provided by the United States.
(b) Metrological standards procured by the state.
(c) Metrological standards in the possession of county sealers.
(d) Metrological standards in the possession of laboratories certified to perform measurement services pursuant to Section 12314.
(Amended by Stats. 2022, Ch. 511, Sec. 71. (SB 1495) Effective January 1, 2023.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12304.

12304. The department shall keep the standards of the state in a suitable laboratory location or, if transportable, shall maintain the standards under environmental conditions appropriate for maintaining the integrity of the unit of measure represented by the standard. The department shall have the standards directly certified by the National Institute of Standards and Technology or by any measurement assurance procedures approved by the National Institute of Standards and Technology.
(Amended by Stats. 2017, Ch. 573, Sec. 51.5. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12305.

12305. The department shall use the standards of the state to certify similar standards and any dissimilar standards that are dependent on the values represented by the state standards. Copies of the standards that have been compared and certified against the state standards shall become working standards that shall be used in the certification, calibration, and sealing of county field standards, and in the certification, calibration, and sealing of measurement devices submitted by state and local government agencies or by industry.
(Amended by Stats. 2017, Ch. 429, Sec. 75. (SB 547) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12308.

12308. The legislative body of each county shall, upon the appointment of a sealer provide copies of the State’s standards of weights and measures at county expense. These copies shall be verified and certified to by the department.
(Amended by Stats. 1939, Ch. 992.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12309.

12309. The department shall, at the request of the legislative body of any county, furnish copies of the standard weights and measures of the State at the expense of the county requesting them. It shall upon request of the legislative body of any county or upon the request of a sealer of any such county test and approve copies of the State’s standards of weights and measures procured by such county to be used by a county sealer.
Copies furnished under the provisions of this section or copies tested and approved shall be true and correct; shall be sealed and certified to; and stamped with the letter “C.” Such copies need not be of the same material or construction as the standards of the State and such copies may be furnished in any suitable materials or construction that the county requiring the same may specify, subject to the approval of the department.
(Amended by Stats. 1939, Ch. 992.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12310.

12310. The department, or a laboratory designated by the department that has been certified pursuant to Section 12314, shall certify the standards of the county sealers as often as may be deemed by the secretary to be necessary, based upon a review of statistical data resulting from previous certifications, but in no event shall the period of time between certifications exceed 10 years. In the absence of statistical data, standards shall be certified at least every two years. Sealers shall, upon the request of the department, deliver for testing those standards in their possession that are used in the discharge of their duties. Direct expenses incurred in the certification process shall be borne by the state or recovered pursuant to Section 12241, while any incidental expense, such as the cost of transportation, shall be borne by the county whose standards have been certified.
(Amended by Stats. 2017, Ch. 573, Sec. 52.5. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12310.5.

12310.5. The department shall, upon request, certify and verify the various types of standards of weights and measures used by industry in accordance with the standards certified by the National Institute of Standards and Technology, when such standards are submitted to the department for verification and certification.
The department shall establish a schedule of fees sufficient to cover the cost of furnishing such services. All money received under the provisions of this section shall be paid into the State Treasury and credited to the Department of Agriculture Fund to be expended by the department for the administration of the provisions of this section.
(Amended by Stats. 2017, Ch. 573, Sec. 53. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12311.

12311. Every sealer having knowledge that a county standard may be incorrect, regardless of the cause, shall notify the department of the condition, and shall, if deemed by the department to be necessary, arrange to have the standard in question retested, adjusted, or replaced.
(Repealed and added by Stats. 1981, Ch. 97, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12312.

12312. In any prosecution for a violation of any of the provisions of this division any copy of the standards of weights and measures of the State furnished, procured, and certified to under the provisions of this division, shall be admitted in evidence upon the trial as prima facie true and correct.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12313.

12313. The definitions of basic units of weight and measure, and the tables of weight and measure and weights and measures equivalents, as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in this state.
(Amended by Stats. 2017, Ch. 573, Sec. 54. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 3 - Standards of Weights and Measures › Section 12314.

12314. The department, by regulation, may establish criteria and procedures for certification of laboratories to perform measurement services that are determined by the secretary to be beyond the existing equipment capabilities of the department, or when warranted by financial or workload considerations.
The department shall recover actual costs for the certification of any laboratory from that laboratory.
The secretary may revoke or suspend any certification issued pursuant to this section for good cause. The secretary shall establish by regulation criteria to be used when revoking or suspending any certification on the basis of good cause. Any proceeding to revoke or suspend any certification shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the secretary shall have all the powers granted therein.
Measurements performed and standards certified by laboratories certified under the provisions of this section shall qualify as prima facie evidence.
(Amended by Stats. 2012, Ch. 661, Sec. 37. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.

12500. As used in this chapter the following terms mean:
(a) “Weighing instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith.
(b) “Measuring instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith.
(c) “Correct” means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107.
(d) “Incorrect” means any instrument that fails to meet all of the requirements of Section 12107.
(e) “Commercial purposes” include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count; or the determination of the weight, measure, or count of any commodity or thing upon which determination a charge for service is based. Devices used in a determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers.
“Commercial purposes” do not include the determination of the weight, measure, or count of any commodity or thing that is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than 150 pounds, except when that determination is made in the presence of the customer charged for the service, or the determination of the weight of any animal or human by a qualified health provider, California-licensed veterinarian, licensed physician and surgeon, or staff members within the business operations of, and under the supervision of, a California-licensed veterinarian or licensed physician and surgeon for the purposes of determining the appropriate dosage of any medication or medical treatment or the volume, duration, or application of any medical procedure.
(Amended by Stats. 2017, Ch. 573, Sec. 55.5. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.5.

12500.5. The secretary by rules and regulations shall provide for submission for approval of types or designs of weights, measures, or weighing, measuring, or counting instruments or devices, used for commercial purposes, and shall issue certificates of approval of such types or designs as he or she shall find to meet the requirements of this code and the tolerances and specifications thereunder.
It shall be unlawful to sell or use for commercial purposes any weight or measure, or any weighing, measuring, or counting instrument or device, of a type or design that has not first been so approved by the department; provided, however, that any such weight, measure, instrument, or device in use for commercial purposes prior to the effective date of this act may be continued in use unless and until condemned under the provisions of this code.
(Amended by Stats. 2012, Ch. 661, Sec. 38. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.6.

12500.6. Notwithstanding Section 12500.5, the secretary may prohibit the sale or installation of any previously approved type or design of weight or measure or weighing, measuring, or counting instrument if the secretary determines the weight, measure, or instrument does not fulfill the purpose for which it was approved or that the weight, measure, or instrument is not identical to the approved type or design.
The secretary may initiate proceedings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code to determine whether the approval should be revoked or modified, and to determine the period of time that the owner or user of any accurate device for which type approval has been revoked or modified may continue to use that device for commercial purposes, pending the replacement or modification of the device.
(Amended by Stats. 2012, Ch. 661, Sec. 39. (SB 1576) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.8.

12500.8. The secretary may enter into an agreement with the National Type Evaluation Program, a certification program of the National Conference on Weights and Measures, and other weights and measures jurisdictions, to accept the certifications of each other for prototype examination purposes.
(Amended by Stats. 2017, Ch. 573, Sec. 56. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.9.

12500.9. The secretary shall charge and collect an application fee and reasonable deposit from persons submitting devices for approval as required by Section 12500.5. Costs incurred by the department that exceed the deposit shall be charged and collected upon completion of all prototype-approval testing. The fees shall be based upon the following criteria:
(a) The moneys collected are intended to compensate the secretary for the costs of time, mileage, equipment, and administrative services expended in providing prototype-approval service.
(b) The secretary may compensate county sealers of weights and measures, other weights and measures jurisdictions, or private laboratories for furnishing equipment and assisting the department in conducting prototype-approval activities.
(c) The amount of compensation provided for in subdivision (b) shall be based upon actual time, mileage, and equipment costs, as determined by the secretary.
(d) The secretary may charge an annual administrative fee not to exceed reasonable costs incurred for the maintenance of type approval certificates in hard copy and electronic formats.
(e) The secretary may adopt rules and regulations necessary to implement the provisions of this section.
(f) All fees collected under the provisions of this section shall be deposited in the Department of Food and Agriculture Fund.
(Amended by Stats. 2011, Ch. 133, Sec. 4. (AB 120) Effective July 26, 2011.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12500.10.

12500.10. (a) A sealer shall cause to be removed from commercial usage any weighing, measuring, or counting instrument or device sold or used in violation of Section 12500.5. The instrument or device may be either seized or marked with a tag or other suitable device with the words “unapproved device”.
(b) Upon proof of compliance with Section 12500.5, the sealer shall remove the tag or device bearing the words “unapproved device”.
(c) If the owner or user of any weighing, measuring, or counting instrument or device marked “unapproved device” refused or neglected to have it brought into compliance with Section 12500.5 within 30 days after the instrument or device was so marked, it shall be subject to seizure by the sealer. Any instrument or device which has been seized by the sealer pursuant to this section shall be subject to disposition as ordered by a court of competent jurisdiction upon petition for a disposition order by the owner or by any person claiming an interest in the seized instrument or device. If no disposition order is issued within four years after the date of the seizure, that instrument or device shall be defaced, destroyed, or otherwise disposed of by the sealer. The sealer shall, immediately following the defacing, destruction, or disposal of that instrument or device, notify, in writing, the board of supervisors of the county in which the sealer is serving of that fact together with the name and address of the owner or user of the instrument or device.
(Amended by Stats. 1990, Ch. 77, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12501.

12501. Except as provided in Section 12502 and, with respect to odometers, as is provided in Section 12501.1, every person who, for commercial purposes, sells weights or measures or weighing instruments or measuring instruments shall, within one year before selling the same, cause such weights or measures or weighing instruments or measuring instruments to be sealed by a sealer.
(Amended by Stats. 1965, Ch. 966.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12501.1.

12501.1. Every person who uses, or intends to use, any weight or measure, or weighing or measuring instrument for commercial purposes shall, before using the same, cause them to be sealed by a sealer, unless they have been sealed before sale, in which case they may be used by the purchaser for the remainder of such period as is authorized in the regulations adopted by the secretary pursuant to Section 12212, or until they become “incorrect,” as defined in subdivision (d) of Section 12500.
Notwithstanding any other provision of law, an odometer that has been tested by the manufacturer may be used commercially without further test during the remainder of the inspection period adopted by the secretary for odometers, but shall not be used commercially thereafter until it has been sealed by a sealer.
(Amended by Stats. 2017, Ch. 573, Sec. 57. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12501.2.

12501.2. Notwithstanding other provisions of this division, a sealer shall not be required to inspect, test or seal any scales or other weighing or measuring instruments to be sold for use or being used for commercial purposes and so located that the testing standards, in the amount deemed necessary for the proper testing, cannot be brought to the instrument to be tested by customary means, whenever the owner or user thereof has not rendered the instrument in question more readily available for the purpose of permitting an accurate test to be made before the end of six months after notice in writing from the sealer requiring that better means of accessibility be provided for testing such instrument.
(Added by Stats. 1965, Ch. 966.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12501.3.

12501.3. Notwithstanding any other requirements or provisions of this division, a sealer may permit the use of an unsealed device pending repairs if the device is in error only to the disadvantage of the user and if the user is always the seller. Such an unsealed device shall be repaired within 30 days.
(Amended by Stats. 1984, Ch. 646, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12502.

12502. Any weighing or measuring instrument, which, after being sold and before being used for weighing or measuring, it is necessary to assemble or set up, may be sold without first being tested and sealed but shall be tested and sealed before being used.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12503.

12503. Upon a written request of any resident of a county, there appearing reasonable ground therefor, the sealer shall test or cause to be tested, as soon thereafter as is practicable, the weights, measures, or weighing or measuring instruments used for commercial purposes by the person designated in that request.
(Amended by Stats. 1990, Ch. 338, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12504.

12504. Upon the written request of any person who intends to use or sell for commercial purposes any weight or measure, or weighing or measuring instrument in any county, the sealer for such county shall test or cause to be tested, as soon thereafter as is practicable, the weight or measure, or weighing or measuring instrument referred to in the request.
Such written request shall not relieve the person making it from any violation of the provisions of this division or of the responsibility for using or selling any incorrect or unsealed weight, measure, or weighing or measuring instrument.
(Amended by Stats. 1973, Ch. 977.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12505.

12505. Whenever a sealer examines any weight or measure or weighing, measuring, or counting instrument used for commercial purposes, and finds it to be correct, he or she shall seal or mark the weight, measure, or instrument with an appropriate device approved by the department, placed so as to provide optimum visibility to the customer, showing that the weight, measure, or instrument was inspected and indicating the date of the inspection.
(Amended by Stats. 1990, Ch. 338, Sec. 3.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12506.

12506. A sealer shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring instruments used for commercial purposes, which in his or her best judgment are not susceptible of repair, but any which the sealer finds susceptible of repair, he or she shall cause to be marked with a tag or other suitable device with the words “Out of order.”
(Amended by Stats. 1990, Ch. 338, Sec. 4.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12507.

12507. The owners or users of any weights and measures or weighing or measuring instruments which have been marked “Out of Order,” shall have them repaired or corrected within 30 days, but until they have been repaired or corrected and tested the owners or users thereof may neither use nor dispose of them in any way.
In the event that the owner or user of any weights or measures or weighing or measuring instruments marked “Out of Order” shall have refused or neglected to have them repaired or corrected within thirty (30) days they shall be subject to seizure by the sealer. Any weights or measures or weighing or measuring instruments which have been seized by the sealer under the provisions of this section shall be subject to such disposition as shall be ordered by a court of competent jurisdiction upon petition for a disposition order by the owner or by any person claiming an interest in such seized equipment. If no such disposition order is issued within four years after the date of seizure, such equipment shall be defaced and destroyed or otherwise disposed of by the sealer. The sealer shall, immediately following the defacing, destruction or disposal of such weights or measures or weighing or measuring instruments, furnish the board of supervisors of the county in which the sealer is serving, with a list of the items so disposed of together with the name and address of the owner or user of each thereof.
(Amended by Stats. 1953, Ch. 953.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12508.

12508. Except as provided in Section 12509, any person who removes or obliterates any tag or device placed upon any weight, measure, or weighing or measuring instrument by a sealer 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 5 - Weighing and Measuring Devices › Section 12509.

12509. (a) When any weight, measure, or weighing or measuring instrument has been repaired and corrected, and has been reinspected and found correct, the sealer shall remove the tag or device with the words “out of order,” and shall seal and mark that weight, measure, or weighing or measuring instrument in the manner provided for the marking of the same where, upon inspection, it is found correct.
(b) Upon completion of corrective repairs or adjustments, and with the authorization from the sealer, a registered service agency, as defined in Section 12531, may remove an “out of order” tag or device, and the weight, measure, or weighing or measuring instrument may be placed in service pending reinspection by the sealer.
(Amended by Stats. 2012, Ch. 662, Sec. 2. (AB 1181) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12510.

12510. (a) Any person, who by himself or herself, or through or for another, does any of the following is guilty of a misdemeanor:
(1) Uses, for commercial purposes, or retains in his or her possession an incorrect weight or measure or weighing or measuring instrument.
(2) Sells any weight or measure used for commercial purposes, or weighing or measuring instrument which has not been sealed within one year, except weighing or measuring instruments required to be assembled prior to use.
(3) Uses any condemned weight or measure or weighing or measuring instrument contrary to law.
(4) Uses, for commercial purposes, or for determining the charge for a service, any weight or measure or weighing or measuring instrument which is not kept at a fixed location, which does not bear a current or previous year’s seal, and which, upon test by the sealer, is found to be incorrect, unless a written request for an inspection of the weighing or measuring instrument has been made to the county sealer. However, the use of any weight or measure or weighing or measuring instrument used by a public utility in connection with measuring gas, electricity, water, steam, or communication service subject to the jurisdiction of the Public Utilities Commission is exempt from this chapter.
(5) Sells or uses any device or instrument to be used or calculated to falsify any weight or measure.
(6) So locates or positions a weighing or measuring device used in retail trade, except as used exclusively in the preparation of packages put up in advance of sale, that its indications cannot be accurately read by the purchaser under ordinary circumstances.
(7) Uses, for commercial purposes, a weighing or measuring device designed to automatically compute price unless the computed price is a true mathematical computation of the amount times the price per unit.
(8) Willfully and knowingly uses, for commercial purposes, a measuring device designed to automatically compute price unless the indicators of quantity and the total computed price on the device has been returned to zero prior to the beginning of each delivery of that commodity or thing.
(9) Fails to deliver for test to a designated location after receipt of a written notice from a weights and measure official, any device that is ordinarily tested at a central location.
(10) Sells, rents, leases, loans, or knowingly installs an incorrect weighing or measuring instrument for commercial purposes.
(b) The possession of an incorrect weight or measure or weighing or measuring instrument or records thereof is prima facie evidence of intention to violate the law.
(Amended by Stats. 1990, Ch. 338, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12511.

12511. Any weight, measure, or weighing or measuring instrument tested and found correct by any sealer may be used within this state without any further test for such period as is authorized in the regulations adopted by the secretary pursuant to Section 12212. If tested and sealed and certified to as correct by the National Institute of Standards and Technology, any weight, measure, or weighing or measuring instrument may be sold without being first tested and sealed by a sealer. In either case, it shall be subject to inspection and testing notwithstanding that it has been tested and sealed either by a sealer or by the National Institute of Standards and Technology.
(Amended by Stats. 2017, Ch. 573, Sec. 58. (SB 800) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12511.1.

12511.1. Notwithstanding any other provisions of this division, any weight or measure, or weighing or measuring instrument, found correct or corrected by a registered service agency, as defined in Section 12531, authorized pursuant to Section 12509, may be used commercially pending reinspection by a sealer.
(Amended by Stats. 2012, Ch. 662, Sec. 3. (AB 1181) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12512.

12512. When the sale of any commodity is based upon a quantity representation either furnished by the purchaser or obtained through the use of equipment supplied by the purchaser, the purchaser shall in no case buy the commodity according to any quantity which is less than the true quantity of the commodity or compute the purchase price of the commodity according to a price per unit of measure that is less than the highest applicable price per unit of measure that is represented by the purchaser to the seller for the commodity, or, where applicable, less than a price per unit that is established by law, in statute, or by regulation. Violation of this section is a misdemeanor.
(Amended by Stats. 2012, Ch. 662, Sec. 4. (AB 1181) Effective January 1, 2013.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12513.

12513. Any sealing or testing of any weight, measure, weighing or measuring instrument by any employee of the department authorized for the purpose shall have the same force and effect as a sealing or testing by a sealer or his deputy.
(Added by Stats. 1939, Ch. 43.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12514.

12514. No sealer shall sell or be interested directly or indirectly in the sale of any weighing or measuring instrument, nor shall he accept a fee, compensation, or gratuity of any kind for adjusting or repairing any weighing or measuring instrument.
(Amended by Stats. 1957, Ch. 1615.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12515.

12515. (a) Any person having made repairs or adjustments to any weighing instrument or to any measuring instrument, or any person having sold, rented, leased, loaned, or installed any such instrument, who within 24 hours after the instrument has been sold, rented, leased, loaned, installed, repaired, or adjusted, fails to notify the sealer of the county in which the instrument has been sold, rented, leased, loaned, installed, repaired, or adjusted, that the sale, rent, lease, loan, installation, repair, or adjustment has been made, is guilty of a misdemeanor.
(b) This section does not require notification to the sealer for an adjustment to a weighing or measuring instrument only for the purpose of maintaining it in a zero or balance condition.
(Amended by Stats. 1989, Ch. 742, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 5 - Weighing and Measuring Devices › Section 12516.

12516. It shall be unlawful for any person to locate or position any scale used in connection with the auctioning of livestock so that its indications are not readily and clearly readable to the buyer and seller, unless a state certificate of weights and measures, made at the time of weighing, attesting to the weight of the livestock, is issued upon request to the buyer and seller.
(Amended by Stats. 1955, Ch. 117.)