[1939]

Sec. 12418. Same: For long logs.

For the measurement of logs of any greater length than indicated in the table set forth in the preceding section, the computation shall be made in accordance with the table. [1939]

Sec. 12419. Same: Where measured.

For the purpose of computation, all logs shall be measured at the small end and inside the bark. [1939]

Sec. 12420. Same: Allowance for rot, etc.

Allowance shall be made for rot, shake, or other defects in logs measured by scale so as to make the survey express the actual quantity of merchantable lumber in each log. [1939]

Deering's Business and Professions Code, Div. V,
Ch. 5-Weighing and Measuring Devices.
Sec. 12500. Definitions.

As used in this chapter [Secs. 12500-12515]:

(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) Weights or measures or weighing, measuring, or counting instruments for sale or use for commercial purposes shall include person weighers and devices which are used at the time of, or for the purposes of, the trading in, exchanging, selling or purchasing of commodities but shall not include such devices when for use or operation solely within a plant or business as a part of the manufacturing, processing or preparing for market of commodities. [1939; last amended 1949.]

Sec. 12500.5. Approval of types; certificates.

The director 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 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 which 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. [1949]

Sec. 12501. Pre-sale and pre-use testing and sealing.

Except as provided in the following section, every person who, for commercial purposes, uses or sells weights or measures or weighing instruments or measuring instruments shall, before using or before selling the same, cause such weights or measures or weighing instruments or measuring instruments to be sealed and marked by the sealer of the county in which the same are used or sold. [1939; last amended 1949.]

Sec. 12502. Testing and sealing after assembly.

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. [1939]

Sec. 12503. Testing upon complaint.

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 in buying or selling by the person designated in such request. [1939]

Sec. 12504. Testing upon request.

Upon the written request of any person using for a commercial purpose, or having for use or sale

any weight, measure, or weighing or measuring instrument for use or intended to be used commercially in any county, the sealer for such county shall test or cause to be tested, as soon thereafter as is practicable, the weight, measure, or weighing or measuring instrument referred to in the written request.

Such written request shall not relieve the person making it from any violation of the provisions of this division [Secs. 12001-13001] or of the responsibility for using or selling any false or unsealed weight, measure, or weighing or measuring instrument. [1939; last amended 1947.]

Sec. 12505. Marking of approved devices.

Whenever a sealer compares weights and measures or weighing or measuring instruments and finds that they correspond, or causes them to correspond, to the standards in his possession, he shall seal or mark such weight or measure or weighing or measuring instrument with an appropriate device, placed so as readily to be seen, showing that the weight or measure or weighing or measuring instrument is correct and the date of the inspection. If a lead seal is used the date may be shown by the year only. [1939]

Sec. 12506. Condemnation; seizure and rejection.

A sealer shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring instruments which in his best judgment are not susceptible of repair, but any which he finds susceptible of repair, he shall cause to be marked with a tag or other suitable device with the words "Out of order". [1939]

Sec. 12507. Time allowed for repairs; seizure for failure to repair.

The owners or users of any weights or 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 sealer. The sealer shall petition the court for such disposition order periodically, but not more often than once in each calendar year.

A notice of such petition shall be given to the

owner or user from whom the equipment was seized in the same manner as a summons in a civil action. [1939; last amended 1941.]

Sec. 12508. Removal of official tags.

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. [1939]

Sec. 12509. Approval of repaired equipment.

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 such weight, measure, or weighing or measuring instrument in the manner provided for the marking of the same where, upon inspection, it is found correct. [1939]

Sec. 12510. Misdemeanors declared; possession of false weight or measure prima facie evidence of intention to violate law. Any person, who by himself, or through or for another, does any of the following is guilty of a misdemeanor:

(a) Uses, in the buying or selling of any commodity, or retains in his possession a false weight or measure or weighing or measuring instrument.

(b) Sells any weight or measure 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.

(c) Uses any condemned weight or measure or weighing or measuring instrument contrary to law. (d) Sells or uses any device or instrument to be used or calculated to falsify any weight or measure.

(e) So locates or positions a weighing or measuring device used in retail trade, except as used exclusively in preparation of packages put up in advance of sale, that its indications can not be accurately read or the weighing or measuring operation can not be observed by the purchaser under ordinary circumstances.

Possession of a false weight or measure or weighing or measuring instrument or records thereof is prima facie evidence of intention to violate the law. [1939; last amended 1941.]

Sec. 12511. Period for use or sale of tested and correct instruments without further test; inspection during period.

Any weight, measure, or weighing or measuring instrument tested and found correct by any sealer may be used or sold within this State for one year without any further test. If tested and sealed and certified to as correct by the National Bureau of Standards, it 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 Bureau of Standards. [1939]

Deering's Business and Professions Code, Div. V, Ch. 5

-Weighing and Measuring Devices-Continued. Sec. 12512. Taking more than quantity represented.

Any person who, either by himself, or through or for another, buys, offers to buy, takes or offers to take, or who causes or permits to be bought, offered to be bought, or offered to be taken, any commodity, produce, article, or thing in a greater weight, measure, or quantity than he represents it to be or contain when said person as buyer, or potential buyer, furnishes the weight, measure, or weighing or measuring instrument by means of which the amount, weight, measure, or quantity, of the commodity bought or taken, or offered to be bought or taken, is determined, is guilty of a misdemeanor. [1939]

Sec. 12513. Departmental testing authority.

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. [1939]

Sec. 12514. Sales by sealer unlawful.

No sealer shall sell or be interested directly or indirectly in the sale of any weighing or measuring instrument. [1939]

Sec. 12515. Repair, sale or installation of weighing instrument; failure to notify county sealer.

Any person having made repairs or adjustments for hire to any weighing instrument or to any measuring instrument when not its owner, user or operator nor an employee regularly employed by him, or any person having sold or installed any such instrument, who within 24 hours after such instrument has been sold, installed, repaired or adjusted, fails to notify the sealer of the county in which such instrument has been sold, installed, repaired or adjusted, that such sale, installation, repair or adjustment has been made, is guilty of a misdemeanor. [1945]

Deering's Business and Professions Code, Div. V, Ch. 6-Containers.

Sec. 12601. Purpose and construction of chapter.

This chapter [Secs. 12601-12615] is designed to protect purchasers of any commodity within its provisions against deception or misrepresentation as to the quantity or amount of the commodity purchased, and as against the seller shall be strictly construed with a view to effect its object. [1939] Sec. 12602. Application of chapter.

Except as provided in the following section the provisions of this chapter [Secs. 12601-12615] apply to any commodity when sold, offered or exposed for sale in containers. [1939]

Sec. 12603. Exemptions.

The provisions of this chapter [Secs. 1260112615] do not apply:

(a) To a sale of a commodity when such sale is made from bulk and the quantity is weighed, measured or counted for the immediate purpose of such sale;

(b) To the sale of a commodity in any container of a net weight of one-half ounce or less avoirdupois, or of a net meaure of one-half fluid ounce or less;

(c) To a sale of medicine, when prescribed by a licensed physician, veterinarian, or dentist, or to a sale of medicinal or pharmaceutical preparations or mixtures of two or more medicinal substances. [1939]

Sec. 12604. Definition.

As used in this chapter [Secs. 12601-12615] "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. [1939; last amended 1947.]

Sec. 12605. False construction or fill; seizure.

No container wherein commodities are packed shall have a false bottom, false side walls, false lid or covering, or be otherwise so constructed or filled, wholly or partially, as to facilitate the perpetration of deception or fraud.

Any sealer may seize any container which facilitates the perpetration of deception or fraud and the contents of such container. By order of the justice's, municipal or superior court of the township, city, or county within which a violation of this section occurs, the containers seized shall be condemned and destroyed or released upon such conditions as the court may impose to insure against their use in violation of this chapter [Secs. 1260112615]. The contents of any condemned container shall be returned to the owner thereof if he furnishes proper facilities for such return. [1939; last amended 1941.]

Sec. 12606. General marking requirements and exceptions.

Whenever any commodities are sold in containers, the net quantity of the contents of the container shall be plainly and conspicuously marked, branded, or otherwise indicated on the side or top thereof or on a label or tag attached thereto. The provisions of this section do not apply:

(a) To containers while being used for the delivery of a food which, in accordance with the practice of the trade, is to be processed, labeled, packed or repacked on premises other than where originally placed in such containers.

(b) To transparent wrappings, devoid of any words, letters or numerals, used as a means of protecting the commodity, when the weight or count of the contents, or any portion thereof, is accurately determined at time of, and for the immediate purpose of, sale.

(c) To an unlidded container when the weight of the contents, or any portion thereof, can be accu