Constitution, Art. XI-Legislative Power Relating to Weights and Measures.

Sec. 14. Legislature may provide for measurement of merchandise and appointment of officers for such measurement. The legislature may by general and uniform laws provide for the inspection, measurement and graduation of merchandise, manufactured articles and commodities, and may provide for the appointment of such officers as may be necessary for such inspection, measurement and graduation. [1911] Deering's Business and Professions Code, Div. V, Ch. I-General Provisions Relating to Weights and Measures.

[ED. NOTE.-Under Statute 1939, Ch. 43, Sec. 1, providing for the codification of certain weights and measures laws, which codification is published in Deering's Business and Professions Code as Division V, and under several other statutes, certain previously enacted statutes relative to weights and measures were repealed. These repealed statutes were originally enacted, or were based upon, statutes enacted during the period 1872-1935.] Sec. 12001. Definitions limited to this division.

The definitions in this chapter [Secs. 1200112027] apply to this division [Secs. 12001-13001] only and do not affect the provisions of any other division. [1939]

Sec. 12002. Definitions: Department.

"Department" means the State Department of Agriculture. [1939]

Sec. 12003. Same: Director.

"Director" means the Director of Agriculture of the State of California. [1939]

Sec. 12004. Same: State Sealer.

"State Sealer" means the chief of the division of the department charged with the enforcement of the provisions of this division [Secs. 12001-13001]. [1939]

Sec. 12005. Same: Deputy State Sealer.

"Deputy State Sealer" means any sealer appointed by the State to serve in a county having no county sealer. [1939]

Sec. 12006. Same: County Sealer.

"County Sealer" means any sealer appointed by a county.1 [1939]

1 See Sec. 12200, page 106.

Sec. 12008. Same: "Sealer," when used separately.

"Sealer", when used without qualification, includes the State Sealer, Deputy State Sealers, and county sealers and their deputies. [1939]

Sec. 12009. Same: Sell.

"Sell," in any of its variant forms, includes barter, exchange, trade, keep for sale, offer for sale, or expose for sale, in any of their variant forms. [1939]

Sec. 12010. Same: Use.

"Use," in any of its variant forms includes keep for use in any of its variant forms. [1939]

Sec. 12011. Same: Person.

"Person" includes person, firm, corporation or association. [1939]

Sec. 12011.5. Same: Copies; standards; copies of the standard weights and measures.

Wherever in this division [Secs. 12001-13001] 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. [1939]

Sec. 12011.6. Same: Container.

"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. [1949]

Sec. 12012. Director's powers, how exercised.

The director may exercise any power conferred upon the department or upon the State Sealer by

Deering's Business and Professions Code, Div. V, Ch. 1 -General Provisions Relating to Weights and Measures Continued.

this division [Secs. 12001-13001] through the State Sealer or otherwise. [1939]

Sec. 12013. Police powers of sealers.

All sealers and their deputies, in the performance of their official duties, have the powers of peace officers. [1939]

Sec. 12014. Sealing or condemning without test.

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. [1939]

Sec. 12015. Sealer's duty to prosecute.

Any sealer having knowledge of a violation of any of the provisions of any law relating to weights and measures shall cause the violator to be prosecuted. [1939]

Sec. 12016. Interference with sealer.

Any person who hinders or obstructs in any way any sealer, or his deputy, in the performance of his official duties, is guilty of a misdemeanor. [1939]

Sec. 12017. Corporate responsibility.

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 [Secs. 12001-13001] 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. [1939]

Sec. 12018. Refusal to exhibit.

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. [1939]

Sec. 12019. False weight or measure: Definition of.

A false weight or measure is one which does not conform to the standard established or recognized by this division [Secs. 12001-13001]. [1939]

Sec. 12020. Same: Use of false weight or measure; misde

meanor.

Every person who uses any weight or measure, or any weighing or measuring instrument, knowing it to be false, is guilty of a misdemeanor. [1939; last amended 1947.]

Sec. 12021. Same: False labeling or tare; misdemeanor.

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. [1939; last amended 1941.]

Sec. 12022. Concealing materials to increase weight; penalty. 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 fine of not less than twenty-five dollars ($25.00) for each offense. [1939; last amended 1941.]

Sec. 12023. Sale by net weight, measure, or count required.

Every person who by himself or his employee or agent, or as the employee or agent of another, sells any commodity, at, by, or according to gross weight or measure, or at, by, as, of, or according to any weight, measure or count which is greater than the true net weight, measure or count thereof, or which is less than the standard net weight, standard net measure or standard net count, including tolerances, as such standards and tolerances are established pursuant to the provisions of this division [Secs. 12001-13001] is guilty of a misdemeanor. [1939]

Sec. 12024. Misrepresentation of quantity.

Every person, who by himself, or through or for another, sells any commodity in less quantity than he represents it to be is guilty of a misdemeanor. [1939]

Sec. 12024.4. Poultry, fowl and rabbits: To be sold by live weight, dressed weight, or table dressed weight; marking requirements when sold in original packages.

It shall be unlawful for any retailer to sell or advertise for sale to the consumer any poultry, fowl, or rabbits, in any manner other than live weight, dressed weight, or table dressed weight; provided, however, that this does not prevent the sale of baby chicks, turkey poults, started chicks, started poults, laying hens, or breeding stock by the head count. "Live weight" shall mean the weight of poultry, fowl, or rabbits alive.

"Dressed weight" shall mean the weight of the poultry or fowl, after being killed, and plucked of feathers.

"Table dressed weight" shall mean the weight of poultry or fowl when completely dressed or dismembered for cooking.

"Dressed weight" and "table dressed weight" of rabbit shall be synonymous, and shall mean the weight of the rabbit, after being killed, and skinned, and the head, feet, and entrails removed.

In each separate transaction the weight of the poultry, fowl, or rabbit, upon which the basis of settlement is made, shall be the weight of the commodity when prepared and delivered in the manner as specified by the customer.

Provided, however, that any commodity specified in this section need not be weighed at time of sale when the commodity is sold in the wrapper or container in which it was received, or into which it was packed, and on which appears the net weight of the commodity therein, as marked by the processor, packer, wholesaler, or jobber, and further providing that the name and address of the processor, packer, wholesaler, or jobber, shall be clearly and conspicuously stated in connection with the statement of net weight. [1949]

Sec. 12024.5. Sale of meat, fish, poultry, etc. by weight required.

It shall be unlawful for any person to sell or advertise for sale in retail stores for consumer use any dressed poultry or any other fowl or rabbits in dressed form, or smoked, fresh or pickled meats or fish other than by weight determined at time of sale on a scale or a beam properly sealed in accordance with the provisions of this division [Secs. 12001-13001]; provided, however, that any commodity specified in this section need not be weighed at time of sale when sold in the wrapper or container in which it was received by the retailer or into which it was packed and on which appears the net weight of the commodity therein as marked by the manufacturer, processor, packer, wholesaler, or jobber. [1939; last amended 1949.]

Sec. 12025. Refusal to exhibit commodity; misdemeanor.

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. [1939]

Sec. 12026. Violation of provisions a misdemeanor.

Except as otherwise specifically provided, any person violating any of the provisions of this division [Secs. 12001-13001] is guilty of a misdemeanor. [1939]

Sec. 12027. Rules and regulations.

The director may make rules and regulations for the purpose of carrying out the provisions of this division [Secs. 12001-13001]. [1939]

Deering's Business and Professions Code, Div. V, Ch. 2, Art. 1-State Administration.

Sec. 12100. Supervision of weighing and measuring devices. Where not otherwise provided by law, the Department of Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the State. [1939] Sec. 12101. Investigations by department of agriculture.

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. [1939]

Sec. 12102. Departmental reports.

The department shall annually report to the Governor, and shall prior to each regular session report to the Legislature the work under this division [Secs. 12001-13001], and shall make such recommendations as may be proper and necessary. [1939]

Sec. 12103. Departmental records.

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. [1989]

Sec. 12103.5. Enforcement officers.

The duty of enforcing this division [Secs. 1200113001] and carrying out its provisions and requirements is vested in the director and in each sealer acting under the supervision and direction of the director. [1945]

Sec. 12104. Instructions to sealers.

The department shall issue instructions and make recommendations to the county sealers and such instructions and recommendations shall govern the procedure to be followed by such officers in the discharge of their duties. [1939]

Sec. 12105. Departmental biennial inspections.

The department shall, at least once in two years, inspect the work of the local sealers and may inspect the weights, measures, balances or any other weighing or measuring devices of any person. [1939] Sec. 12106. Equipment of state institutions to be tested.

The department shall, at least once annually and as often as requested by the Department of Finance 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

Deering's Business and Professions Code, Div. V, Ch. 2, Art. 1-State Administration-Continued. State institution, and shall report in writing its findings to the executive officer of the institution concerned and to the Department of Finance. (1939]

Sec. 12107. Tolerances and specifications.

The department may establish tolerances and specifications for commercial weighing and measuring apparatus for use in the State similar to the tolerances and specifications recommended by the National Bureau of Standards, and it 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, and prescribe such tolerances for the same as may be necessary for the proper protection of the public.

Whenever a standard of net weight or net measure or net count has been established for any commodity, it is unlawful to sell such commodity by, at, or for a quantity greater or less than the standard by more than the prescribed tolerance. [1939; last amended 1945.]

Sec. 12107.5. Container tares.

The department may establish a tare or tares for each of the several types of containers used in making deliveries of edible agricultural commodities to shippers, processors or other handlers and prescribe such tolerances as may be necessary for the proper protection of persons engaging in transactions wherein the computation of tares affects the purchase price.

Such tares shall be established in accordance with rules and regulations promulgated by the director. The director, and sealers under his supervision and direction, shall be the enforcing officers of this section.

Any person who deducts a tare for the containers herein specified shall keep a record of such deductions for one year, which record shall be subject to inspection by the director and any sealer.

It shall be unlawful to deduct any such container tare different than a tare established by the director. A violation of this section shall constitute a misdemeanor. [1945]

Deering's Business and Professions Code, Div. V, Ch. 2, Art. 2-Local Administration.

Sec. 12200. County sealer: Appointment; term; removal; expenses; deputies.

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 county sealer and deputy county 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 a deputy or deputies when necessary or expedient to carry out the duties of his office. Such deputies 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 [Secs. 12100-12217]. [1939; last amended 1947.]

Sec. 12201. Same: Vacancy.

If from any cause a vacancy occurs in the office of county sealer, the director upon learning of such vacancy shall immediately transmit to the board of supervisors or other appointing power a list of persons certified by him to be eligible for the position. If the appointing power fails to appoint a county sealer within 30 days after the receipt of such list, the director shall assign as soon as practicable a Deputy State Sealer who shall perform all the duties of the county sealer in such county.

The actual cost of such services shall be paid by the county in the same manner in which other claims against the county are paid.

The compensation for a Deputy State Sealer shall be in accordance with the salary range established by the State Personnel Board for this classification. In addition to this compensation, the Deputy State Sealer shall be repaid by the county for his actual traveling expenses in connection with his work in the county. [1939; last amended 1947.]

Sec. 12202. Examination for county and deputy county sealers; Eligibility.

The director shall cause to be examined persons desiring to become county sealers and deputy county sealers and shall prescribe rules and regulations governing such examinations given for the purpose of determining the fitness, experience, and qualifications of candidates for these positions. Successful candidates shall be given a certificate of eligibility which shall be good for five years unless revoked. [1939]

Sec. 12203. Eligibility certificates for county sealers.

No person shall hereafter be appointed to the office of county sealer or deputy county sealer unless he has a certificate of eligibility from the director; provided that, if the position of deputy county sealer cannot be filled from the lists, a temporary appointment may be made, upon the written recommendation of the director, for a period not exceeding six months. Certificates of eligibility of incumbent county sealers and deputy county sealers shall be renewed upon expiration without further examination. [1939; last amended 1947.]