This section clarifies that any terms defined in this chapter are meant solely for use within this specific division and don't change the meaning or use of terms in other divisions.
The definitions in this chapter apply to this division only and do not affect the provisions of any other division.
definitions chapter-specific apply to division no effect on other divisions term use exclusive application division-specific meaning legal definitions interpretation scope of application
(Added by Stats. 1939, Ch. 43.)
This section simply defines that whenever the term “Department” is used, it refers to the Department of Food and Agriculture.
“Department” means the Department of Food and Agriculture.
Department Food and Agriculture definition BPC term clarification agricultural regulations agency definition statutory interpretation California abbreviation meaning state department government body California agriculture official terminology terms used
(Amended by Stats. 1989, Ch. 246, Sec. 1.)
In this law, whenever they mention 'Secretary,' they are specifically referring to the person who leads the Food and Agriculture department.
“Secretary” means the Secretary of Food and Agriculture.
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(Amended by Stats. 2017, Ch. 573, Sec. 44. (SB 800) Effective January 1, 2018.)
The term "State Sealer" refers to the person in charge of a specific division responsible for enforcing the rules of that part of the department.
“State Sealer” means the chief of the division of the department charged with the enforcement of the provisions of this division.
State Sealer chief division enforcement provisions department division enforcement authority department chief chief enforcement officer regulatory enforcement enforcement leader division head chief enforcer department oversight state enforcement
(Added by Stats. 1939, Ch. 43.)
This law says that any time you see 'National Bureau of Standards' mentioned in this section, it should be understood as referring to the 'National Institute of Standards and Technology' instead.
Whenever any provision of this division makes reference to the National Bureau of Standards, that reference shall be construed to include the National Institute of Standards and Technology.
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(Added by Stats. 1989, Ch. 1047, Sec. 1.)
This law defines what a 'County Sealer' is. It's someone appointed by the county to oversee standards of measurement. Counties can choose to call this person the county director of weights and measures if they wish.
“County Sealer” means any sealer appointed by a county. A county may in its discretion refer to its sealer as the county director of weights and measures.
County Sealer county director weights and measures appointed by county standards of measurement discretion role definition local government measurement oversight official title county appointment service oversight
(Amended by Stats. 1963, Ch. 254.)
The term 'Sealer' refers to officials responsible for maintaining standards in weights and measures, including the State Sealer and county sealers, as well as their assistants and inspectors.
“Sealer,” when used without qualification, includes the State Sealer, county sealers and their deputies and inspectors.
Sealer State Sealer County Sealers Deputies Inspectors Weights and Measures Standards Official Titles California Business Regulation Measurement Accuracy Compliance Consumer Protection Metrology Enforcement Departmental Roles
(Amended by Stats. 1967, Ch. 286.)
In this law, the term 'sell' covers a variety of actions. It's not just limited to selling something directly for money. It also includes other forms of transferring goods, like bartering, trading, or renting. Even offering or displaying something with the intent to sell counts too.
“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.
sell definition barter exchange trade rent lease keep for sale offer for sale expose for sale variant forms transfer of goods
(Amended by Stats. 1995, Ch. 156, Sec. 1. Effective January 1, 1996.)
This law section clarifies that the term "distribute" covers a wide range of actions. It means not just giving something out, but also keeping it with the intention to give it out, offering it to others, or displaying it for others with the intent of giving it out.
“Distribute,” in any of its variant forms, includes keep for distribution, offer for distribution, or expose for distribution, in any of their variant forms.
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(Added by Stats. 1979, Ch. 527.)
This section clarifies that the word "use" also encompasses any form of keeping something for use. So if you're asked about using something, it also means you're including the act of holding on to it in any way for future use.
“Use,” in any of its variant forms includes keep for use in any of its variant forms.
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(Added by Stats. 1939, Ch. 43.)
In this context, whenever you see the word "person" in legal documents, it doesn't just mean an individual human. It also refers to businesses like firms, corporations, or groups like associations.
“Person” includes person, firm, corporation or association.
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(Added by Stats. 1939, Ch. 43.)
Whenever the terms like "copies" or "standards" or "copies of standard weights and measures" are mentioned, they mean either the original standards held by the department or exact copies made from those originals.
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.
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(Added by Stats. 1939, Ch. 992.)
This law defines a 'container' as any type of box, package, or wrapping used to pack or sell a product, whether it has a lid or not.
“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.
container receptacle carton commodity packed placed wrappings lid unlidded sale packaging product definition
(Added by Stats. 1949, Ch. 1384.)
This law defines a 'pallet' as a movable platform used to hold containers or materials, making them easier to handle.
“Pallet” means any portable platform upon which containers or material is placed to facilitate handling.
pallet definition portable platform material handling containers ease of handling movable platform pallet usage storage solutions logistics supply chain loading platforms warehouse equipment
(Added by Stats. 1961, Ch. 344.)
This section of the law allows the secretary to use any powers given to the department or the State Sealer through the State Sealer or in other ways.
The secretary may exercise any power conferred upon the department or upon the State Sealer by this division through the State Sealer or otherwise.
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(Amended by Stats. 2012, Ch. 661, Sec. 18. (SB 1576) Effective January 1, 2013.)
This law allows certain officials to seek a court order to stop someone from breaking rules or regulations. The secretary can bring such a case in the county where the violation happens or might happen, even if it involves multiple people from different areas. The county sealer, with help from the district attorney or county counsel, can also take similar actions. If they join forces with the secretary, they are not restricted to violations in their own county. This legal process follows specific court procedures under another law chapter.
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.
injunction county sealer district attorney regulation enforcement court order violations secretary's authority superior court action to enjoin threatened violation multiple defendants legal process Code of Civil Procedure county counsel Chapter 3 Title 7
(Amended by Stats. 2012, Ch. 661, Sec. 19. (SB 1576) Effective January 1, 2013.)
This law allows a sealer, a kind of public officer, to arrest someone without a warrant if they witness a misdemeanor or infraction related to weights and measures. Instead of taking the person to a judge immediately, the officer can issue a citation unless the person insists on seeing a judge. The law protects these officers from being sued for false arrest, as long as they acted with reasonable cause. Sealers can also deliver legal notices across the state, although county sealers are limited to their own county.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 12013(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)CA Business and Professions Code § 12013(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.
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(Amended by Stats. 1979, Ch. 527.)
This law says that if any official responsible for checking weights and measuring devices seals those devices without testing them first, they're committing a misdemeanor. However, there's an exception: if the official is using an approved method of sampling and testing, they don't have to test each device individually before sealing it. Instead, they can seal devices as part of a planned sampling program.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 12014(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).
weights and measures sealer testing standards misdemeanor probability sampling planned program approved methods conforming standards testing exemption device sealing
(Amended by Stats. 2017, Ch. 573, Sec. 45. (SB 800) Effective January 1, 2018.)
If a sealer, who is responsible for ensuring fair and accurate measurements in transactions, knows someone has broken any measurement-related laws, they must start legal action against them.
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.
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(Added by Stats. 1939, Ch. 43.)
If someone violates the rules set by this division, they may be fined up to $1,000 for each offense, but they won't face criminal charges if they pay this fine. The person should be informed in writing about the violation and proposed fine, and they have the right to request a hearing within 20 days to challenge it. If they skip the hearing, the penalty is enforced without it. After a hearing, if they disagree with the decision, they can appeal to the secretary within 30 days. Decisions can be reviewed further by a court if necessary. The final penalties are collected and used by the relevant government body, and these procedures don't apply to issues with utility meters in certain living complexes. Upon request, sealers must share records with certain legal authorities, but no extra investigation costs are charged for these violations.
(a)CA Business and Professions Code § 12015.3(a) The sealer may levy a civil penalty against a person violating any provision of this division or a regulation adopted pursuant to any of these provisions, of not more than one thousand dollars ($1,000) for each violation. It is a complete defense to a criminal prosecution for a violation of any provision of this division or a regulation adopted pursuant to any provision of this division that the defendant has been assessed and has paid a civil penalty under this section for the same act or acts constituting the violation. Any civil
penalty under this section shall be cumulative to civil remedies or penalties imposed under any other law.
(b)CA Business and Professions Code § 12015.3(b) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing. The request shall be made within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the sealer’s evidence and to present evidence on his or her own behalf. If a hearing
is not timely requested, the sealer may take the action proposed without a hearing.
(c)CA Business and Professions Code § 12015.3(c) If the person upon whom the sealer levied a civil penalty requested and appeared at a hearing, the person may appeal the sealer’s decision to the secretary within 30 days of the date of receiving a copy of the sealer’s decision. The following procedures apply to the appeal:
(1)CA Business and Professions Code § 12015.3(c)(1) The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the sealer’s decision. The appellant shall file a copy of the appeal with the sealer at the same time it is filed with the secretary.
(2)CA Business and Professions Code § 12015.3(c)(2) The appellant and the sealer may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, present the record of the
hearing including written evidence that was submitted at the hearing and a written argument to the secretary stating grounds for affirming, modifying, or reversing the sealer’s decision.
(3)CA Business and Professions Code § 12015.3(c)(3) The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)CA Business and Professions Code § 12015.3(c)(4) If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the sealer, and the secretary.
(5)CA Business and Professions Code § 12015.3(c)(5) The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the
sealer’s decision, the secretary shall affirm the decision.
(6)CA Business and Professions Code § 12015.3(c)(6) The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practicable.
(7)CA Business and Professions Code § 12015.3(c)(7) On an appeal pursuant to this section, the secretary may affirm the sealer’s decision, modify the sealer’s decision by reducing or increasing the amount of the penalty levied so that it is within the secretary’s guidelines for imposing civil penalties, or reverse the sealer’s decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the sealer’s notice of proposed action given pursuant to subdivision (b). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the sealer.
(8)CA Business and Professions Code § 12015.3(c)(8) Any person who does not request a hearing
pursuant to subdivision (b) may not file an appeal pursuant to this subdivision.
(9)CA Business and Professions Code § 12015.3(c)(9) Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(d)CA Business and Professions Code § 12015.3(d) After the exhaustion of the appeal and review procedures provided in this section, the sealer, or his or her representative, may file a certified copy of a final decision of the sealer that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary or his or her authorized representative rendered on an appeal from the sealer’s decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged
by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(e)CA Business and Professions Code § 12015.3(e) If the civil penalty is levied by the State Sealer, the revenues derived therefrom shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation, shall be used by the State Sealer to carry out his or her responsibilities under this division. If the civil penalty is levied by the county sealer, the revenues shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the county sealer to carry out his or her responsibilities under this division.
(f)CA Business and Professions Code § 12015.3(f) This section does not apply to violations involving utility meters, or to violations involving the testing and inspection of utility meters, in mobilehome parks, recreational vehicle parks,
or apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters.
(g)CA Business and Professions Code § 12015.3(g) Upon the written request of the Attorney General of California, any district attorney, or any city prosecutor or city attorney described in subdivision (a) of Section 17206, the State Sealer or the county sealer within their respective jurisdictions, shall provide all reports and records regarding any actions that occurred within the four months prior to the date of the written request in which civil penalties were levied pursuant to this section or liability for costs incurred are determined pursuant to Section 12015.5.
(h)CA Business and Professions Code § 12015.3(h) No investigative costs shall be imposed pursuant to Section 12015.5 for violations for which civil penalties are imposed pursuant to this section.
civil penalty 1 000 dollars hearing request sealer's decision appeal process utility meters penalty revenues right to hearing written notice appeal to secretary record sharing administrative mandamus judgment entry investigative costs final decision
(Amended by Stats. 2005, Ch. 529, Sec. 1. Effective January 1, 2006.)
If someone breaks the rules in this section and is either found guilty in court or held responsible in a civil case, they have to pay for the investigation costs related to their case.
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.
violation costs investigation expenses civil liability reasonable costs convicted violation investigating expenses civilly liable legal investigations division provisions breach court expenses liability
(Amended by Stats. 2005, Ch. 529, Sec. 2. Effective January 1, 2006.)
If you get in the way of a sealer doing their job, it's considered a misdemeanor, which is a type of minor crime.
Any person who hinders or obstructs in any way any sealer, in the performance of his official duties, is guilty of a misdemeanor.
hinders obstructs sealer official duties misdemeanor interference obstruction legal consequences performance of duties disruption minor crime noncompliance official inspections impeding duties blocking
(Amended by Stats. 1965, Ch. 83.)
This law states that officers, directors, and managers of companies using or selling any kind of weights or measuring devices must ensure the company follows all relevant rules. Similarly, those who sell items that are inspected must also comply. If the company breaks these rules, both the company and the individuals involved in the violation can be charged with a misdemeanor.
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.
corporate responsibility weights and measures compliance inspection requirements corporate liability misdemeanor penalty measuring instruments commodity inspection legal compliance officer accountability corporate violations
(Added by Stats. 1939, Ch. 43.)
If someone has a scale, measuring device, or related tools and won't show them to an inspector when asked, they're committing a minor crime.
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.
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(Added by Stats. 1939, Ch. 43.)
This law says that a false weight or measure is any that doesn't match the official standards set by this set of regulations.
A false weight or measure is one which does not conform to the standard established or recognized by this division.
false weight false measure standard conformity regulations division measurement standards weights measures accuracy compliance official standards recognized standards measurement conformity regulated weights
(Added by Stats. 1939, Ch. 43.)
In simple terms, this law makes it illegal to use any weighing, measuring, or counting device for business purposes if you know it's not accurate. If you break this rule, you're committing a misdemeanor, which is a type of crime.
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.
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(Amended by Stats. 1973, Ch. 977.)
If someone knowingly puts a false weight or measurement on a container, takes wrong measurements just for the packaging, or sells containers with those wrong measurements, they are committing a minor crime.
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.
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(Amended by Stats. 1941, Ch. 306.)
This law states that it's illegal to add extra substances, including unnecessary moisture, to goods sold by weight to make them heavier and sell for more money. If caught, the person responsible must pay at least $25 for each offense. However, for poultry meat specifically, the added moisture cannot be more than 4% of the weight, unless a different amount is set by regulation.
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.
goods sold by weight container weight concealing substances moisture in goods commercial practice selling by weight fine for offense increased weight poultry meat regulation added moisture limit Agricultural Code Section 380.20
(Amended by Stats. 2017, Ch. 573, Sec. 46. (SB 800) Effective January 1, 2018.)
This law states that when fresh meat or roasts are sold, advertised, or displayed, it should be based on the weight of the meat alone. Any fat added inside or onto the meat is considered extra that doesn't count in the weight. However, if the package is clearly labeled with 'fat added' using large lettering, this rule about excluding the fat from the weight doesn't apply.
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.”
fresh meat weight net weight added fat tare weight meat labeling advertising meat sales terms larding needle injected fat package labeling eight-point type requirement roast sales conditions fat consideration weight determination
(Added by Stats. 1976, Ch. 1077.)
This law states that it's a misdemeanor crime if someone, or their employee or agent, sells any product using the gross weight or measure instead of net weight, unless a different rule applies elsewhere in the code.
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.
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(Amended by Stats. 1967, Ch. 272.)
This law allows for jute cordage, hard fiber cordage, and hard fiber twine to be marked and sold based on their gross weight. However, this does not apply to sales made in retail stores directly to consumers when the product's packaging has been opened by the retailer.
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.
jute cordage hard fiber twine gross weight sale packaging consumer sales retail exception hard fiber cordage opened packaging gross weight basis non-retail sales product marking container removal wrapper sale regulation
(Amended by Stats. 1965, Ch. 190.)
This law says that if someone sells something and claims it is more than it actually is, they are committing a misdemeanor, unless there's an exception stated in a different section.
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.
misrepresentation underweight sales misleading quantity commodity sale misdemeanor offense Section 12024.3 exception selling less false representation quantity fraud selling violation consumer protection sales integrity deceptive practices commercial trade quantity misrepresentation
(Amended by Stats. 1982, Ch. 1380, Sec. 1.)
This section makes it a crime to deliberately lie about the cost of a service based on things like weight, time, measure, or quantity. If someone does this, they can be charged with a misdemeanor, which is a type of criminal offense.
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.
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(Added by Stats. 1969, Ch. 731.)
This law states that if a person or company issues a document in accordance with sections 12024.7 or 12024.9, they must keep a copy that is easy to read for one year. They also need to show it to a sealer if asked. However, this rule doesn't apply to certain small cuts of meat, specifically those smaller than a quarter of an entire carcass.
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.
document retention Section 12024.7 Section 12024.9 one year retention legible copy inspection by sealer primal cuts meat exceptions carcass record keeping document availability business documentation
(Added by Stats. 1981, Ch. 758, Sec. 1.)
This law requires the secretary to create rules for selling and advertising firewood to standardize how it's measured and prevent dishonest marketing.
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.
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(Amended by Stats. 2012, Ch. 661, Sec. 20. (SB 1576) Effective January 1, 2013.)
This law section says that beverage dealers must charge the correct amount for recycling deposits on beverage containers, following the specific rates set by another law. If a dealer charges too much, they could get a fine of up to $100, especially when the extra charge is small. Also, inspectors must report any actions taken to enforce these rules and note any fines given. The authority of the department that oversees recycling programs is not changed by this rule.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 12024.13(b) For purposes of this section, “dealer” has the same meaning as in Section 14510 of the Public Resources
Code.
(c)CA Business and Professions Code § 12024.13(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)CA Business and Professions Code § 12024.13(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)CA Business and Professions Code § 12024.13(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).
beverage dealer redemption payment recycling deposit overcharge fine Division 12.1 Section 14560 Public Resources Code violation infraction container recycling enforcement report penalty Department of Resources Recycling and Recovery litter reduction container surcharge
(Added by Stats. 2014, Ch. 605, Sec. 1. (AB 2251) Effective January 1, 2015.)
This law makes it illegal to charge more for a product than the price that's advertised, marked, or displayed at the time of sale. If a store has multiple prices for the same item, they must charge the lowest price unless the pricing involves specific conditions like needing a membership, which must be clearly posted. If someone overcharges on purpose or by being very careless, they could face serious penalties, including fines or jail time, especially if the overcharge is more than a dollar. If the price difference is a dollar or less, a smaller fine applies.
(a)CA Business and Professions Code § 12024.2(a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following:
(1)CA Business and Professions Code § 12024.2(a)(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)CA Business and Professions Code § 12024.2(a)(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)CA Business and Professions Code § 12024.2(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)CA Business and Professions Code § 12024.2(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)CA Business and Professions Code § 12024.2(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)CA Business and Professions Code § 12024.2(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)CA Business and Professions Code § 12024.2(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.
commodity pricing advertised price overcharge misdemeanor price posting shelf tag price price conditions retailer club membership displayed price conspicuously posted conditions fine for overcharge lowest price requirement jail penalty infraction pricing violation
(Amended by Stats. 2004, Ch. 752, Sec. 2. Effective January 1, 2005.)
If a business sells prepackaged products on-site and violates certain pricing laws, they could face penalties. If the violation is deliberate or results in a significant shortage (over $2 per lot or over $10 total), it's considered a misdemeanor, which might lead to a fine or jail time. If the violation involves less money and isn't deliberate, it's treated as a less serious infraction with a smaller fine.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 12024.3(a)(1) The violation is willful.
(2)CA Business and Professions Code § 12024.3(a)(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)CA Business and Professions Code § 12024.3(a)(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)CA Business and Professions Code § 12024.3(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.
prepackaged commodities willful violation misdemeanor penalty fine imprisonment shortage value lot error monetary value infraction penalty regulations Section 12211
(Amended by Stats. 1983, Ch. 1245, Sec. 2.)
This law makes it illegal to sell or advertise dressed poultry, other fowl, rabbits, or various meats and fish unless they're sold by weight on a properly calibrated scale. If these items are in packages, the package must display the net weight unless a retailer plans to add this information themselves. Certain ready-to-eat food items are exempt, such as foods sold for consumption on-site, part of meals with multiple items, or cooked and sold immediately without pre-packaging. Sandwiches sold where they are made and not for resale are also exempt.
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)CA Business and Professions Code § 12024.5(a) Items sold for consumption on the premises.
(b)CA Business and Professions Code § 12024.5(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)CA Business and Professions Code § 12024.5(c) Ready-to-eat meat, poultry, or seafood cooked or heated
on the premises but not packaged in advance of sale.
(d)CA Business and Professions Code § 12024.5(d) Sandwiches when offered or exposed for sale on the premises where packed or produced and not intended for resale.
dressed poultry net weight packaged meats ready-to-eat meals exemptions scale calibration retail sale requirements smoked fish frozen meats packaging weight declaration food sale regulations premises consumption multi-element meals pre-packaged sandwiches retailer weight marking
(Amended by Stats. 1986, Ch. 1516, Sec. 1. Effective September 30, 1986.)
If you're buying meat, fish, or poultry from someone selling door-to-door, the package must clearly show the price for each type and cut based on the price per pound. This has to be clearly labeled with the words 'price per pound,' in letters at least a quarter-inch tall. It also needs to have space around the price info that's free from any other writing.
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.
door-to-door sales price per pound meat packaging fish packaging poultry pricing display panel requirements labeling regulations letter size uniform size net quantity statement packaging labels consumer protection
(Repealed and added by Stats. 1982, Ch. 532, Sec. 2.)
This law says that businesses can't advertise or promote a product to lure customers into buying something different than what was initially presented.
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.
false advertising consumer protection bait and switch misleading advertising enticement deceptive practices product misrepresentation advertisement integrity transaction accuracy sales tactics misleading solicitation
(Added by Stats. 1975, Ch. 907.)
If you buy meat by the large section, like a whole side, the seller must give you a detailed weight statement of what you're buying. If they add fruits, vegetables, or other foods to the package, they must itemize and show the exact amounts of those items too. This rule also applies when someone processes meat you already own into smaller pieces, unless it's wild game acquired legally.
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.
meat sales primal cuts carcass weight consumer protection accurate weight statement itemized statement combination sale fruits and vegetables quantity custom meat cutting wild game exclusions food product combination net weight delivered cuts meat processing requirements owner supplied meat
(Added by Stats. 1967, Ch. 1449.)
This law states that the rules in Section 12024.5 do not apply to fish that are not meant to be eaten by people.
The provisions of Section 12024.5 shall not apply to fish not used for human consumption.
fish non-human consumption exemption Section 12024.5 edible fish consumable goods fishing regulations non-edible animal feed fish distribution fishing law exception California fish law commercial fishing requirements
(Added by Stats. 1968, Ch. 141.)
This law explains the rules for selling cuts of meat directly to consumers, focusing on 'retail cuts', 'freezer meat', and 'variety packs'. When meat is sold in a variety pack, sellers must provide buyers with the total weight of each cut and any other food included. When selling freezer meat like sides of beef, sellers must give precise weights and cutting instructions. A half of beef should be from the same animal, and sellers need to maintain the order for the consumer.
(a)CA Business and Professions Code § 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)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(e) “Consumer” as used in this section means any purchaser of freezer meat or variety pack meat.
(f)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(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)CA Business and Professions Code § 12024.9(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.
retail cuts freezer meat variety pack primal cuts carcass weight consumer net weight cutting instructions half of beef forequarter hindquarter tolerance differential invoice meat delivery order storage
(Added by Stats. 1975, Ch. 454.)
If someone refuses to show a product being sold by weight or quantity to an official checker to prove how much it weighs or measures, they can be charged with a minor crime.
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.
refuse to exhibit commodity sealer prove quantity weight verification proprietor manager misdemeanor employee agent commodity inspection business compliance quantity inspection sales inspection regulated commodities trading standards business regulations
(Added by Stats. 1939, Ch. 43.)
When a product or its container is taken off the market under certain conditions, it must be marked with an 'off sale' tag. It is illegal to remove the tag, mix the product with others, or sell or transport the product until an official says it's okay to do so.
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.
off sale commodity container tag removal illegal removal product identification off-sale order shipment restriction seal of release sealer authority transport prohibition sale restriction commingle prohibition releasing procedures order compliance
(Amended by Stats. 1969, Ch. 1309.)
If someone breaks the rules in this division, they're usually committing a minor crime called a misdemeanor. It's illegal not to follow the guidelines set by this division, like rules and quality standards.
(a)CA Business and Professions Code § 12026(a) Except as otherwise specifically provided, any person violating any of the provisions of this division is guilty of a misdemeanor.
(b)CA Business and Professions Code § 12026(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.
misdemeanor violating provisions unlawful behavior rules and regulations quality standards specifications tolerances standards compliance minor crime legal violation
(Amended by Stats. 1989, Ch. 818, Sec. 1.)
This section means that if you break a law covered by this division, you can face multiple consequences or punishments. These penalties can be combined with those from other laws in the state, unless another law says otherwise.
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.
remedies penalties cumulative consequences state laws legal violations multiple penalties combined punishments division penalties exceptions state legal framework
(Added by Stats. 1979, Ch. 527.)
This law allows the secretary to create rules and regulations to effectively implement the provisions outlined in this division.
The secretary may make rules and regulations as are reasonably necessary for the purpose of carrying out the provisions of this division.
secretary authority rulemaking regulations implementation provisions division necessary rules administrative rules division enforcement regulatory authority rule creation administrative regulations
(Amended by Stats. 2012, Ch. 661, Sec. 21. (SB 1576) Effective January 1, 2013.)