Section § 12700

Explanation

This law essentially defines a 'weighmaster' as someone who officially weighs, measures, or counts items and provides documentation used for buying, selling, or service charges. They may perform this as a paid service or for other reasons.

A weighmaster is any person who, for hire or otherwise, weighs, measures, or counts any commodity and issues a statement or memorandum of the weight, measure, or count which is used as the basis for either the purchase or sale of that commodity or charge for service.

Section § 12700.5

Explanation

This law says that a weighmaster, who is responsible for weighing goods or commodities, doesn't have to offer their weighing services to everyone. It's up to them if they want to charge people for weighing things.

(a)CA Business and Professions Code § 12700.5(a) A weighmaster is not required to provide weighing services to the general public.
(b)CA Business and Professions Code § 12700.5(b) Weighing for hire is at the discretion of the weighmaster.

Section § 12701

Explanation

This law explains who is not considered a weighmaster. Generally, weighmasters are people or businesses that weigh goods and provide an official weight for business transactions. However, certain people and businesses are exceptions, like retailers weighing goods directly for customers, common carriers noting weights for transport charges, milk samplers, oil and gas measurers, newspaper publishers, textile businesses handling their own goods, specific sanitation and recycling centers, pest control operators, pawnbrokers, medical waste facilities, and log scalers, among others. These exceptions do not require a weighmaster license when performing their specific tasks.

The following persons are not weighmasters:
(a)CA Business and Professions Code § 12701(a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of, and directly to, consumers.
(b)CA Business and Professions Code § 12701(b) Except for persons subject to Section 12730, producers of agricultural commodities or livestock, who weigh commodities produced or purchased by them or by their producer neighbors, when no charge is made for the weighing, or when no signed or initialed statement or memorandum is issued of the weight upon which a purchase or sale of the commodity is based.
(c)CA Business and Professions Code § 12701(c) Common carriers issuing bills of lading on which are recorded, for the purpose of computing transportation charges, the weights of commodities offered for transportation, including carriers of household goods when transporting shipments weighing less than 1,000 pounds.
(d)CA Business and Professions Code § 12701(d) Milk samplers and weighers licensed pursuant to Article 8 (commencing with Section 35161) of Chapter 12 of Part 1 of Division 15 of the Food and Agricultural Code, when performing the duties for which they are licensed.
(e)CA Business and Professions Code § 12701(e) Persons who measure the amount of oil, gas, or other fuels for purposes of royalty computation and payment, or other operations of fuel and oil companies and their retail outlets.
(f)CA Business and Professions Code § 12701(f) Newspaper publishers weighing or counting newspapers for sale to dealers or distributors.
(g)CA Business and Professions Code § 12701(g) Textile maintenance establishments weighing, counting, or measuring any articles in connection with the business of those establishments.
(h)CA Business and Professions Code § 12701(h) County sanitation districts operating pursuant to Chapter 3 (commencing with Section 4700) of Part 3 of Division 5 of the Health and Safety Code, garbage and refuse disposal districts operating pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of Division 30 of the Public Resources Code, and solid waste facilities, as defined in Section 40194 of the Public Resources Code.
(i)CA Business and Professions Code § 12701(i) Persons who purchase scrap metal or salvage materials pursuant to a nonprofit recycling program, or recycling centers certified pursuant to Division 12.1 (commencing with Section 14500) of the Public Resources Code that purchase empty beverage containers from the public for recycling.
(j)CA Business and Professions Code § 12701(j) Pest control operators licensed pursuant to Chapter 4 (commencing with Section 11701) of Division 6 of the Food and Agricultural Code.
(k)CA Business and Professions Code § 12701(k) Retailers, or recycling centers established solely for the redemption of empty beverage containers, as that phrase is defined in Section 14512 of the Public Resources Code, who are weighing, measuring, or counting salvage or returnable materials for purchase or redemption by them in retail stores, or, in the case of recycling centers, on the retail store premises or on a parking lot immediately adjacent to a retail store that is used for the purpose of parking by the store customers, directly from and in the presence of the seller. “Retailer” means an entity that derives 90 percent or more of its income from the sale of small quantities of food or nonfood items, or both, directly to consumers. “Salvage materials” means used paper products and used containers made of aluminum, tin, glass, or plastic.
(l)CA Business and Professions Code § 12701(l) Any log scaler who performs log scaling functions, except weighing, as defined in the United States Forest Service Handbook, Supplement No. 4 of March 1987.
(m)CA Business and Professions Code § 12701(m) Pawnbrokers licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code, and secondhand dealers licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, when the pawnbroker or secondhand dealer weighs property that it acquires and reports the acquisition of the property pursuant to Section 21208 of the Financial Code or Article 4 (commencing with Section 21625) of Chapter 9 of Division 8, respectively.
(n)CA Business and Professions Code § 12701(n) Facilities that handle medical waste and that report net weights, and not estimates, to the generator of the medical waste and the State Department of Public Health in accordance with the Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code).
(o)CA Business and Professions Code § 12701(o) This section shall become operative on January 1, 2018.

Section § 12702

Explanation

If you see the term 'Weighmaster,' it automatically includes someone called a 'deputy weighmaster' too.

“Weighmaster,” when used without qualification, includes a deputy weighmaster.

Section § 12703

Explanation

If you're going to perform tasks like weighing certain goods or commodities professionally, you need to have a weighmaster license, and all fees, including penalties, must be paid. You also need to report any deputy weighmasters, along with their fees, to the appropriate department.

Except as provided in Section 12701, no person shall perform any acts described in Section 12700, unless licensed as a weighmaster pursuant to this chapter and unless the current license fee and any penalty has been paid. The weighmaster shall forward to the department the name or names of deputy weighmasters with the appropriate fees required by Section 12704.

Section § 12703.1

Explanation

This law outlines specific registration requirements for recyclers and junk dealers who want to get or renew a license. They must provide information such as their business license, status on stormwater permits, and compliance with rules about handling nonferrous materials and receiving theft alerts. They also need to disclose names of any deputy weighmasters. The department will investigate this information within 90 days for new licenses and within a year for renewals. If any information is inaccurate, the license may be revoked unless corrected promptly. The section does not apply to pawnbrokers or licensed secondhand dealers and is set to be repealed on January 1, 2028 unless extended by a new law.

(a)CA Business and Professions Code § 12703.1(a) In addition to any other requirements for issuance of a license pursuant to this chapter, if the applicant is a recycler or junk dealer as defined in Section 21601, the department shall require the applicant to furnish all of the following information accurately on any application for a new license or the renewal of a license issued pursuant to this chapter:
(1)CA Business and Professions Code § 12703.1(a)(1) A copy of the applicant’s current business license.
(2)CA Business and Professions Code § 12703.1(a)(2) A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(3)CA Business and Professions Code § 12703.1(a)(3) A statement indicating that the applicant has the equipment necessary to comply with the photographic and thumbprinting requirements for the purchase and sale of nonferrous materials pursuant to Section 21608.5 or a statement indicating that the applicant will not be purchasing or selling nonferrous materials and is not required to comply with Section 21608.5.
(4)CA Business and Professions Code § 12703.1(a)(4) A statement indicating that the applicant has requested to receive theft alert notifications pursuant to subdivision (a) of Section 21608.7, unless that requirement does not apply pursuant to subdivision (b) of that section.
(5)CA Business and Professions Code § 12703.1(a)(5) The name or names of any deputy weighmasters.
(b)CA Business and Professions Code § 12703.1(b) The department shall issue a license to a junk dealer or recycler upon receipt of an application for a new license or renewal of a license that contains the information required by subdivision (a) and that is accompanied by the appropriate fee.
(c)Copy CA Business and Professions Code § 12703.1(c)
(1)Copy CA Business and Professions Code § 12703.1(c)(1) The department shall make a thorough investigation of all the information contained in the application required by subdivision (a) within 90 days for a new license, and within one calendar year for a renewal of a license.
(2)CA Business and Professions Code § 12703.1(c)(2) Notwithstanding Section 12708, if the department determines that the information submitted pursuant to subdivision (a) is materially inaccurate, the department shall revoke the license issued to a junk dealer or recycler unless the junk dealer or recycler complies with the requirements of subdivision (a) within 14 days of notice from the department of a proposed revocation pursuant to this subdivision.
(3)CA Business and Professions Code § 12703.1(c)(3) A junk dealer or recycler whose license has been revoked pursuant to this subdivision is entitled to a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(d)CA Business and Professions Code § 12703.1(d) The secretary may enter into a cooperative agreement with any county sealer to carry out the provisions of this section.
(e)CA Business and Professions Code § 12703.1(e) This section shall not apply to a pawnbroker licensed pursuant to Chapter 3 (commencing with Section 21300) of Division 8 of the Financial Code and a secondhand dealer licensed pursuant to Article 4 (commencing with Section 21625) of Chapter 9 of Division 8.
(f)CA Business and Professions Code § 12703.1(f) This section shall remain in effect only until January 1, 2028, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2028, deletes or extends that date.

Section § 12704

Explanation

If you operate as a weighmaster, you need to pay a yearly license fee to the department, which varies based on where you operate. It's $75 for operations at a fixed location, $30 for each extra fixed location, $200 if you're not operating at a fixed location, and $20 for each deputy weighmaster. The license year begins from when you first need a license, continuing until the set expiration or annual renewal. A location refers to places where you use weighing, measuring, or counting devices. This rule starts on January 1, 2028.

(a)CA Business and Professions Code § 12704(a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation:
(1)CA Business and Professions Code § 12704(a)(1) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(2)CA Business and Professions Code § 12704(a)(2) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(3)CA Business and Professions Code § 12704(a)(3) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(4)CA Business and Professions Code § 12704(a)(4) Twenty dollars ($20) for each deputy weighmaster.
(b)CA Business and Professions Code § 12704(b) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(c)CA Business and Professions Code § 12704(c) “Location” means a premise on which weighing, measuring, or counting devices are used.
(d)CA Business and Professions Code § 12704(d) This section shall become operative on January 1, 2028.

Section § 12705

Explanation

If a licensed weighmaster changes its business structure or ownership, the new version of the business needs to get a new weighmaster license before it can continue weighing operations.

Any change in the legal entity of a licensed weighmaster requires the new legal entity to obtain a weighmaster license before operating as a weighmaster.

Section § 12706

Explanation

This law lets the secretary decide when a weighmaster's license expires and whether it needs to be renewed annually. If a license is issued for anywhere between one to eleven months instead of a full year, the license fee will be lowered accordingly to fit the shorter time period.

(a)CA Business and Professions Code § 12706(a) The secretary may assign or reassign dates for the expiration of licenses for any weighmaster.
(b)CA Business and Professions Code § 12706(b) The secretary may establish a license year for any weighmaster consisting of any period from one month to 11 months, inclusive, with subsequent renewals being required at yearly intervals thereafter.
(c)CA Business and Professions Code § 12706(c) Whenever the license year is less than 12 months by reason of the assignment or reassignment of the expiration date by the secretary, the license fee as designated in Section 12704 shall be decreased by one-twelfth of the annual fee for each month of the period less than 12 months.

Section § 12707

Explanation

If you have a license covered by this chapter, you need to renew it every year before the first day of your license year by sending an application and fee to the secretary. If you send it by mail, it's not late if it's postmarked by the fifth day of the month it's due. If you pay late but within 30 days, you'll owe an extra 30% of the fee as a penalty. If you’re more than 30 days late, the penalty doubles to 100% of the fee. These penalties don’t apply to deputy weighmaster licenses.

Each license required by this chapter shall be renewed annually, on or before the first day of the first month of the licensee’s license year, by application to the secretary, accompanied by the annual license fee. An application and annual license fee sent by mail is not overdue if postmarked not later than the fifth day of the month in which it is due. To any fee not paid when due, there shall be added a penalty equal to 30 percent of the amount of the license fee, if it is paid within 30 days of becoming due. The penalty for a renewal fee more than 30 days after becoming due shall be 100 percent of the amount of the license fee. However, no penalty shall be applicable to the renewal of deputy weighmaster licenses.

Section § 12708

Explanation

This section allows the secretary to deny, refuse to renew, revoke, or suspend a weighmaster's license if, after a formal hearing, it is determined that the person is not capable or reliable in their duties or has been found guilty of a misdemeanor related to this role.

The secretary may refuse to grant any license provided for by this chapter, or may refuse to renew any license, and may revoke or suspend any license when, after a hearing conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the secretary is satisfied that the applicant or licensee is not qualified to capably or reliably perform the duties of a weighmaster or has otherwise been found guilty of a misdemeanor as provided in this chapter.

Section § 12709

Explanation

The money collected from license fees under this law will go into a specific fund to help run and enforce the rules of this chapter. This arrangement will start on January 1, 2028.

(a)CA Business and Professions Code § 12709(a) All license fees collected pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund to be expended by the department for the administration and enforcement of this chapter.
(b)CA Business and Professions Code § 12709(b) This section shall become operative on January 1, 2028.

Section § 12710

Explanation

This law allows a weighmaster to hire or assign someone else to act on their behalf as a deputy weighmaster. The original weighmaster is still responsible for any actions taken by the deputy.

A weighmaster may employ or designate any person to act for the weighmaster as a deputy weighmaster and shall be responsible for all acts performed by that person.

Section § 12710.5

Explanation

This section allows weighmasters to change their deputies during the license year without extra fees by notifying the department of any changes. If a weighmaster fails to provide the department with the deputy's name as required, they can face a small fine. Additionally, weighmasters can increase the number of deputies by applying for more licenses and paying the necessary fees. These additional licenses will have the same expiration date as the original license.

(a)CA Business and Professions Code § 12710.5(a) At any time during the license year, any weighmaster may replace deputies without payment of additional fees by forwarding to the department the name of any replacement deputy and replaced deputy.
(b)CA Business and Professions Code § 12710.5(b) Any weighmaster who does not furnish to the department a deputy name as required by this section is guilty of an infraction, and, upon conviction, may be punished by a fine of not more than one hundred dollars ($100).
(c)CA Business and Professions Code § 12710.5(c) A weighmaster may increase the original number of deputies by submitting a new application accompanied by appropriate fees, for the additional number of deputy licenses requested, which shall expire on the date stated on the weighmaster license.

Section § 12711

Explanation

A weighmaster must give a certificate that shows the weight, measure, or count of a product or service when that information affects how much someone is paid.

A weighmaster shall issue a weighmaster certificate whenever payment for the commodity or service represented is dependent on a written or printed weight, measure, or count.

Section § 12712

Explanation

This law allows one weighmaster to issue a certificate for weighing, measuring, or counting a commodity even if they didn't perform the actual task, as long as both weighmasters are under the same main license and the certificate is based on accurate information from the original weighmaster. Additionally, records need to be kept to make sure they match up with the certificate issued. The law also permits transferring information from one weighmaster certificate to another, provided the original certificate number and the issuing weighmaster's name are included on the new certificate.

(a)CA Business and Professions Code § 12712(a) A weighmaster certificate may be signed and issued by a weighmaster other than the weighmaster actually determining the weight, measure, or count of any commodity, if both of the following conditions are met:
(1)CA Business and Professions Code § 12712(a)(1) The weighmaster issuing the certificate does so based on information received from the weighmaster who actually determined the weight, measure, or count and both are on the same principal license.
(2)CA Business and Professions Code § 12712(a)(2) The records and worksheets, signed by the weighmaster who actually weighed, measured, or counted the commodity, are maintained as a part of the weighmaster’s records in a manner so as to ensure their identity with the certificate issued.
(b)CA Business and Professions Code § 12712(b) A weighmaster may transfer a weight, measure, or count appearing on a weighmaster certificate to another weighmaster certificate, if the original certificate number and name of the issuing weighmaster appear on the second certificate.

Section § 12713

Explanation

This law states that a weighmaster, who is responsible for issuing certificates verifying the weight, measure, or count of various items, must ensure that these certificates include all necessary details as specified in certain sections. It's illegal to issue a certificate that lacks the required information. Moreover, receipts for fish, mollusks, or crustaceans weights are also considered weighmaster certificates if issued by a certified weighmaster.

(a)CA Business and Professions Code § 12713(a) A weighmaster is responsible for ensuring that the weighmaster certificates issued by him or her, or a deputy acting for him or her, are complete and contain all the information required by Sections 12714, 12714.5, and 12715 that is applicable to each transaction.
(b)CA Business and Professions Code § 12713(b) It is unlawful to issue, or cause to be issued, a weighmaster certificate if the certificate does not contain all the information required by Sections 12714, 12714.5, and 12715 for the commodity weighed, measured, or counted. The issuance of a receipt showing the weight, measure, or count of fish, mollusks, or crustaceans pursuant to Article 6 (commencing with Section 8010) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code constitutes the issuance of a weighmaster certificate under this chapter when issued by a person who is a weighmaster pursuant to Section 12700.

Section § 12714

Explanation

When a weighmaster issues a certificate for commodities that have been weighed, measured, or counted, the certificate must include a clear statement confirming its authenticity. This statement, known as a legend, must proclaim that the weighmaster is a recognized authority who follows accuracy standards set by the California Business and Professions Code. Additionally, the printed name of the principal weighmaster, as it appears on their license, must also be included on the certificate and any copies.

(a)CA Business and Professions Code § 12714(a) There shall appear in an appropriate and conspicuous place on each certificate, and all copies thereof, the following legend:
 WEIGHMASTER CERTIFICATE

THIS IS TO CERTIFY that the following described commodity was weighed, measured, or counted by a weighmaster, whose signature is on this certificate, who is a recognized authority of accuracy, as prescribed by Chapter 7 (commencing with Section 12700) of Division 5 of the California Business and Professions Code, administered by the Division of Measurement Standards of the California Department of Food and Agriculture.
(b)CA Business and Professions Code § 12714(b) There shall also appear on each certificate, and all copies thereof, the printed name of the principal weighmaster as it appears on the license.

Section § 12714.5

Explanation

This section requires that any certificate must be easy to read and have a unique sequential number.

All information contained on the certificate shall be clear and legible.
Each certificate shall be numbered consecutively.

Section § 12715

Explanation

This section outlines what information must be included on a weighmaster certificate for transactions involving weighing, measuring, or counting commodities. The certificate must state the date of the transaction, the location, and provide the full signature or electronic name of the weighmaster responsible. It should detail the type and number of units of the commodity, the owner or agent, and possibly the grower for hay products. The certificate also needs to include specific weight measurements, tare weights, vehicle identification, and the unit of measure used.

Each certificate shall provide for the following information as applicable to the transaction:
(a)CA Business and Professions Code § 12715(a) The date on which the weight, measure, or count was determined.
(b)CA Business and Professions Code § 12715(b) The street address or location description and the city or township where the weighing, measuring, or counting occurred.
(c)CA Business and Professions Code § 12715(c) The complete signature of the weighmaster who determined each weight, measure, or count. The name of a weighmaster may be imprinted electronically on the weighmaster certificate in lieu of a handwritten signature, if the electronically imprinted name is that of the weighmaster who weighed, measured, or counted the commodity or that of another weighmaster pursuant to Section 12712.
(d)CA Business and Professions Code § 12715(d) The kind of commodity and any other information that may be necessary to identify the product or distinguish it from a similar commodity.
(e)CA Business and Professions Code § 12715(e) The number of units of the commodity. If not personally determined by a weighmaster, the certificate shall contain the words “driver’s count” or “loader’s count,” as appropriate, after the number of commodity units. The abbreviation “D.C.” or “L.C.” may be used in lieu of the complete words.
(f)CA Business and Professions Code § 12715(f) The name of the owner, or his or her agent, and the consignee. If the transaction involves hay or hay products, the name and address of the grower, and his or her agent, as provided by the driver of the vehicle.
(g)CA Business and Professions Code § 12715(g) At least one of the following:
(1)CA Business and Professions Code § 12715(g)(1) The gross weight of the commodity and the vehicle or container, if only the gross weight was determined.
(2)CA Business and Professions Code § 12715(g)(2) The tare weight of the unladen vehicle or container, if only the tare weight was determined.
(3)CA Business and Professions Code § 12715(g)(3) The gross, tare, and net weights when a gross and tare are used in determining the net weight.
(4)CA Business and Professions Code § 12715(g)(4) The true net weight, measure, or count when no gross and tare weights are involved in determining the net quantity of the product.
(h)CA Business and Professions Code § 12715(h) The tare weights, and the code identification or description of boxes, bins, pallets, or other containers.
(i)CA Business and Professions Code § 12715(i) The correct identification of the vehicle, combination of vehicles, or other means by which the commodity was delivered. If an equipment number is used to identify a vehicle or combination of vehicles, there shall be traceability to the registered vehicle license numbers through the weighmaster’s records.
(j)CA Business and Professions Code § 12715(j) The unit of measure, such as pounds, tons, gallons, kilograms, or cubic yards, used to identify the quantity.

Section § 12716

Explanation

If you're a weighmaster, you need to keep all your records, including any voided certificates and worksheets, for four years. You must also keep true copies of every weighmaster certificate you issue. These records should always be available for inspection by the secretary.

All weighmasters shall keep and preserve, as records, for a period of four years, all copies of voided certificates, records, and worksheets required by this chapter and true copies of all weighmaster certificates issued. These records shall, at all times, be open for inspection by the secretary.

Section § 12716.5

Explanation

If there's a mistake found in the details of a certificate that reports weight, measure, or count, a new correction certificate must be given to everyone who got the original one. "INCORRECT" should be clearly marked on the original, and the correction certificate should include the original certificate's number and explain why the correction was needed.

A certificate on which a weight, measure, or count error is discovered after issuance shall be corrected by issuing a correction certificate to all parties who were issued the original certificate.
The word “INCORRECT” shall be written across the face of the original certificate. The original certificate number and reason for the correction shall be recorded on the correction certificate.

Section § 12717

Explanation

If you're a weighmaster using any devices to weigh, measure, or count, those devices need to meet certain standards. They have to be checked and approved by the right authorities to make sure they work properly.

Any weighing, measuring, or counting instrument or device, as defined in Section 12500, which is used by a weighmaster and for which specifications and tolerances have been adopted by the secretary, shall be approved, tested, and sealed in accordance with this division.

Section § 12718

Explanation

If someone tries to mess with the weighing or measuring of goods to make them inaccurate, they're breaking the law. This includes asking someone to falsify or incorrectly weigh items, giving false weights to a weighmaster, using or presenting fake weighmaster certificates, altering certificates to show wrong information, and even having blank weighmaster forms if you're not authorized to use them. These actions are considered misdemeanors, which are less serious crimes but can still lead to penalties.

Any person who does any of the following acts is guilty of a misdemeanor:
(a)CA Business and Professions Code § 12718(a) Requests any person to weigh, measure, or count any commodity falsely or incorrectly.
(b)CA Business and Professions Code § 12718(b) Requests a false or incorrect weighmaster certificate.
(c)CA Business and Professions Code § 12718(c) Furnishes or gives false information to a weighmaster for use in the completion of a weighmaster certificate.
(d)CA Business and Professions Code § 12718(d) Knowingly presents for payment a false weighmaster certificate.
(e)CA Business and Professions Code § 12718(e) Knowingly issues a weighmaster certificate giving thereon a false weight, measure, or count.
(f)CA Business and Professions Code § 12718(f) Alters a weighmaster certificate resulting in giving thereon a false weight, measure, or count.
(g)CA Business and Professions Code § 12718(g) Possesses unfilled or unused weighmaster certificate forms, if he or she is not a weighmaster.
(h)CA Business and Professions Code § 12718(h) Issues a weighmaster certificate that contains alterations or omissions of gross or tare weights, net only weights, or measurements.

Section § 12718.5

Explanation

This section explains exemptions to a rule in Subdivision (g) of Section 12718. It states that people who print, distribute, or sell weighmaster certificate forms, as well as those who handle grade and weight certificates for agricultural inspection services, are not subject to that particular rule.

Subdivision (g) of Section 12718 does not apply to any of the following:
(a)CA Business and Professions Code § 12718.5(a) Persons engaged in the business of printing, distributing, or selling weighmaster certificate forms.
(b)CA Business and Professions Code § 12718.5(b) Persons possessing or transporting combination grade and weight certificates to be used by employees of marketing order boards or grading inspection services of either the department or the United States Department of Agriculture.

Section § 12719

Explanation

This law says that once a weighmaster certificate records the weight or amount of what is inside a vehicle, container, or pallet, you can't change what's inside—it must stay the same until delivered to whoever bought it. If there's any change, you need a new certificate that accurately reflects this.

When the weight or measure of a vehicle, container, or pallet and its net contents has been recorded on a weighmaster certificate, it is unlawful for any person to remove a part of, or add to, the net contents, before the contents are delivered to the buyer or consignee, unless a correct weighmaster certificate is obtained.

Section § 12720

Explanation

Once a vehicle's empty weight or its weight with contents is documented on an official weighmaster certificate, nobody is allowed to change that weight until after the final weight of the goods being carried has been measured and noted on the certificate.

When the tare weight of a vehicle or the weight of the vehicle and its contents have been recorded on a weighmaster certificate, it is unlawful for any person to alter the tare weight of the vehicle prior to the time that the net weight of the commodity has been determined and recorded on the certificate.

Section § 12721

Explanation

If you're certifying the weight, size, or number of something, you need to actually measure it at that time unless there's a specific exception mentioned elsewhere in this chapter.

Except as otherwise provided in this chapter, the vehicle, container, pallet, or commodity for which the weight, measure, or count is being certified shall actually be weighed, measured, or counted at the time of, and for the purpose of, each certification.

Section § 12722

Explanation

This law allows weighmasters to use a previously determined tare weight for vehicles, containers, or pallets. The party for whom these tare weights are established must ensure they stay within certain limits. Specifically, for vehicles carrying earth, stone, sand, gravel, or asphalt, a predetermined tare weight can be used without following certain regulatory provisions. It's crucial that the actual weight does not exceed this set tare weight.

(a)CA Business and Professions Code § 12722(a) In accordance with this chapter and regulations adopted by the secretary, any weighmaster may use a tare weight for a vehicle, container, or pallet that has been previously determined by a weighmaster. It is the responsibility of the party for whom the tare weight was established to maintain the tare weight within the variations prescribed by the secretary.
(b)CA Business and Professions Code § 12722(b) Any weighmaster weighing any vehicle moving earth, stone, rock, sand, gravel, or asphalt paving material may use a predetermined tare weight. The issuance of predetermined tare weights are exempt from the provisions of Division 9 (commencing with Section 4000) of Title 4 of the California Code of Regulations. It is the responsibility of the party for whom the tare weight was established to maintain the actual weight so that the actual tare weight of the vehicle shall at no time exceed the recorded tare weight.

Section § 12723

Explanation

This law explains that the secretary must set rules for determining the weight of empty vehicles, containers, and pallets. These rules will cover things like how they're used, what kind of certificates are needed, how to check weights, and what variations in weight are okay.

The secretary shall adopt regulations for the establishment of vehicle, container, and pallet tares, including, but not limited to, the adoption of conditions of use, certificate requirements, sample size, allowable variations, and procedure to be used to verify common tares.

Section § 12724

Explanation

This law requires weighmasters to determine the weight of a vehicle (both full and empty) without anyone inside the vehicle, unless the entire weighing process happens in one location. An exception exists for certain vehicles carrying materials like earth and gravel, where the driver's weight can be included if the weighmaster notes it accordingly on the certificate.

(a)CA Business and Professions Code § 12724(a) Except as provided in this section, a weighmaster weighing a vehicle for certification shall determine both gross and tare weights with all persons off the scale and vehicle, unless both the gross and tare weights are determined without leaving the weighing location.
(b)CA Business and Professions Code § 12724(b) Predetermined tares for vehicles moving earth, stone, rock, sand, gravel, and asphalt paving material may be determined with the driver in the vehicle, if the gross weight is determined in the same manner and the weighmaster indicates on the weighmaster certificate that the driver was on the vehicle for both gross and tare weight.

Section § 12725

Explanation

This law says that a weighmaster can't confirm how much a vehicle weighs in total if: the scale is at the loading spot, the vehicle is weighed before going on a highway, and the vehicle's weight is over 80,000 pounds (or 82,000 for more eco-friendly vehicles) unless there's a special permit for heavier loads.

A weighmaster shall not certify to the gross weight of a vehicle if all of the following conditions prevail:
(a)CA Business and Professions Code § 12725(a) The scale is located at the site where the vehicle is loaded.
(b)CA Business and Professions Code § 12725(b) The vehicle is weighed before entering a highway.
(c)CA Business and Professions Code § 12725(c) The vehicle’s gross weight exceeds 80,000 pounds, or exceeds 82,000 pounds if the vehicle is a near-zero-emission or zero-emission vehicle as defined in subdivisions (c) and (d) of Section 44258 of the Health and Safety Code, unless a special permit authorizing a greater gross weight for the vehicle has been issued pursuant to Section 35780 of the Vehicle Code.

Section § 12726

Explanation

If there's any uncertainty or disagreement about the weight, measure, or count listed on a weighmaster certificate for any item or vehicle, you can request verification by the department if you have a financial interest. You must pay upfront for the cost of this verification. If the verification shows a mistake due to fraud, carelessness, or faulty equipment, the weighmaster who made the error will cover the expense of the verification.

(a)CA Business and Professions Code § 12726(a) If doubt or differences arise as to the accuracy of the weight, measure, or count of any amount or part of any commodity, unladen vehicle, or container for which a weighmaster certificate has been issued, a person having a financial interest may, upon complaint to the department, have the amount, or part thereof, verified by the department or a weighmaster designated by it, upon depositing a sufficient sum of money with the department to defray the actual cost of the verification.
(b)CA Business and Professions Code § 12726(b) If, when verified, a difference from the original certified weight, measure, or count is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of the verification shall be borne by the weighmaster responsible for the issuance of the erroneous certificate.

Section § 12727

Explanation

The secretary has the authority to direct a vehicle to go to the closest vehicle scale to check its weight at any time.

The secretary may, at any time, require a vehicle to proceed to the nearest vehicle scale for the purpose of weight verification.

Section § 12728

Explanation

This law states that when weighing vehicles for certification, the entire vehicle or vehicle combination must be on the scale. If a combination of vehicles is too long to fit on the scale, they must be weighed separately, and the weights can be combined for the certificate. It does allow for weighing vehicles to ensure they comply with vehicle regulations. However, there are exceptions to this rule, such as for weighing seed cotton with trailers that lack braking systems, specific in-motion weighing methods, and railcars carrying grain if agreed upon in writing.

(a)CA Business and Professions Code § 12728(a) No weighmaster shall weigh a vehicle, or combination of vehicles, for certification, when part of the vehicle, or connected combination, is not resting on the scale.
(b)CA Business and Professions Code § 12728(b) When weighing a combination of vehicles that will not rest on the scale platform at one time, the combination shall be disconnected and weighed separately. The weights so taken may be combined for the purpose of issuing a single certificate.
(c)CA Business and Professions Code § 12728(c) This section does not prohibit weighing of vehicles to determine compliance with the Vehicle Code.
(d)CA Business and Professions Code § 12728(d) This section does not apply to any of the following:
(1)CA Business and Professions Code § 12728(d)(1) The weighing of seed cotton for purposes of ginning when the weights are obtained by weighing trailers not equipped with braking systems and are not used for the sale of the seed cotton.
(2)CA Business and Professions Code § 12728(d)(2) Multiple draft or in-motion weighing operations that comply with the regulations adopted pursuant to Section 12107.
(3)CA Business and Professions Code § 12728(d)(3) A combination of multiple railcars that contain grain or grain products if the consignor and the consignee to the transaction agree in writing to a multiple draft weighing operation.

Section § 12729

Explanation

This law outlines the penalties for violating certain sections related to measurement standards. Generally, breaking these rules is a misdemeanor. However, some violations, like those in Sections 12714, 12714.5, and 12715, are infractions, carrying fines that increase with repeated offenses within a year—from $100 for the first time to $500 for the third or more. Also, if a vehicle hauling bulk tomatoes exceeds size limits set by Section 12722, it counts as an infraction with fines from $200 to $800, depending on how much the limit is exceeded.

(a)CA Business and Professions Code § 12729(a) Except as otherwise provided in this section, any person who violates any provision of this chapter is guilty of a misdemeanor.
(b)CA Business and Professions Code § 12729(b) Violations of Sections 12714, 12714.5, and 12715 are infractions, except as otherwise provided in Section 12718. Every person convicted of an infraction pursuant to this subdivision shall be punished as follows:
(1)CA Business and Professions Code § 12729(b)(1) For the first conviction, a fine not exceeding one hundred dollars ($100).
(2)CA Business and Professions Code § 12729(b)(2) For a second conviction within a period of one year, a fine not exceeding two hundred dollars ($200).
(3)CA Business and Professions Code § 12729(b)(3) For a third or subsequent conviction within a period of one year, a fine not exceeding five hundred dollars ($500).
(c)CA Business and Professions Code § 12729(c) A violation of Section 12722 by a vehicle hauling bulk tomatoes is an infraction. Every person convicted of an infraction pursuant to this subdivision shall be punished as follows:
(1)CA Business and Professions Code § 12729(c)(1) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by less than 50 percent, a fine not exceeding two hundred dollars ($200).
(2)CA Business and Professions Code § 12729(c)(2) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by 50 to 100 percent, inclusive, a fine not exceeding four hundred dollars ($400).
(3)CA Business and Professions Code § 12729(c)(3) For a vehicle that exceeds the tolerance provided by regulations adopted pursuant to Section 12723 by more than 100 percent, a fine not exceeding eight hundred dollars ($800).

Section § 12730

Explanation

In California, if farm products are sold or sent for processing by weight, a weighmaster must weigh them and issue weight certificates to both the producer and the buyer or processor. If the final product's weight determines charges, it also needs to be weighed and certificated. However, if processing is run by a farm producer and is a minor part of their income, producers can opt out of weighing with a written waiver. This law doesn't apply to nonprofit farm co-ops except for nonmember products. For tree nuts, producers can waive the first weighing requirement with a contract, but the final product must still be weighed.

(a)CA Business and Professions Code § 12730(a) Except as provided in subdivision (a) or (b) of Section 12701 or this section, farm products sold by bulk weight or delivered to a processing or conditioning establishment for processing, conditioning, or sale, shall be weighed by a weighmaster, and a weighmaster certificate of the weight shall be issued to the producer with a duplicate copy issued to the buyer, conditioner, or processor.
(b)CA Business and Professions Code § 12730(b) When the processing or conditioning charges or purchase is based on the bulk weight of the finished product, the finished product shall also be weighed by a weighmaster, and a second weighmaster certificate shall be issued to the producer with a duplicate copy issued to the buyer, conditioner, or processor.
(c)CA Business and Professions Code § 12730(c) A producer whose product is delivered, but is not sold, to a processor or conditioner for processing or conditioning, may waive, in writing, his or her right to have the product weighed when the processing or conditioning establishment is operated by a producer of farm products and the processing or conditioning is incidental to the production of farm products. As used in this subdivision, “incidental” means that the income derived from the processing or conditioning operation represents not more than 25 percent of the total income of the producer operating the processing or conditioning establishment.
(d)CA Business and Professions Code § 12730(d) This section does not apply to any nonprofit cooperative association that is organized and operating pursuant to Chapter 1 (commencing with Section 54001) of Division 20 of the Food and Agricultural Code, except as to that portion of activities that involves the handling or dealing in any farm product of any nonmember of the nonprofit cooperative association.
(e)CA Business and Professions Code § 12730(e) Subdivision (a), as it applies to tree nuts delivered for processing or conditioning, does not apply to tree nut hullers and shellers, if there is a written contract which waives the producer’s right to have the unprocessed or unconditioned product weighed. Notwithstanding the waiver, the finished product shall be weighed by a weighmaster and a weighmaster certificate shall be issued to the grower, with a duplicate copy issued to the buyer, conditioner, or processor.
(f)CA Business and Professions Code § 12730(f) The term “farm products” includes all agricultural, horticultural, viticultural, and vegetable products of the soil, flaxseed, and cottonseed, but does not include timber, timber products, milk, and milk products.

Section § 12731

Explanation
If you sell livestock based on its weight at public sales yards or other specific markets, a certified weighmaster must weigh the animals. Both the buyer and seller need to get a weighmaster certificate. Livestock includes animals like cows, sheep, pigs, horses, mules, and goats.
(a)CA Business and Professions Code § 12731(a) Notwithstanding any other provisions of this code, where livestock is sold on the basis of weight at a public sales yard, or by or at any livestock market, market agency, or dealer which is subject to the Packers and Stockyards Act of 1921 (7 U.S.C. Sec. 181 et seq.), the livestock shall be weighed by a weighmaster, and a weighmaster certificate shall be issued to the buyer and seller.
(b)CA Business and Professions Code § 12731(b) The term “livestock” includes cattle, sheep, swine, horses, mules, and goats.

Section § 12732

Explanation

This section specifies additional details that must be included on weighmaster certificates when the weight of a load is adjusted at a location different from where it was initially loaded. The certificate must show the weight of the vehicle and load before and after the adjustment, along with the names and addresses of the seller and buyer or broker of the commodity as provided by the vehicle's driver.

In addition to the certificate requirements of Sections 12714, 12714.5, and 12715, all of the following information shall appear on weighmaster certificates issued when adjustments are made to the load and the weights are determined at other than the site where the vehicle was loaded:
(a)CA Business and Professions Code § 12732(a) The gross weight of the commodity and the vehicle at the time of the initial weighing.
(b)CA Business and Professions Code § 12732(b) The gross weight of the commodity and the vehicle after the adjustment.
(c)CA Business and Professions Code § 12732(c) The name and address of the seller and of either the purchaser or broker of the commodity as provided by the driver of the vehicle.

Section § 12733

Explanation

This law states that when scrap metal and salvage materials are bought or sold based on their weight or size, the amount has to be verified by an official who weighs things, called a weighmaster. They must give a certificate showing the weight or measure to both the buyer and the seller. Payment for the materials should be based on this certificate. If the weight or size can be easily seen and read by both parties, the certificate is only necessary if one of them asks for it.

In all cases where scrap metal and salvage materials are purchased or sold by dealers, brokers, or commission merchants on the basis of weight or measure, the quantity of the scrap metal and salvage material shall be determined by a weighmaster, and a weighmaster certificate shall be issued to the seller and buyer. Settlement for the materials shall be made on the quantity shown thereon. If the quantity indications are readily accessible and clearly readable to both the buyer and seller, at the time of determination, a weighmaster certificate is required to be issued only when requested by the buyer or seller.

Section § 12734

Explanation

This law allows the weight of squid, Pacific whiting, or anchovy to be calculated based on the volume of the containers they come in, instead of directly weighing the fish. However, this method can't be used if the fish are delivered to be canned or processed further through retorting or reducing methods.

Notwithstanding any other provision of this division, the weight of squid, Pacific whiting, or anchovy, certified pursuant to this chapter, may be determined by computation based upon volumetric measurement of containers as prescribed by regulations adopted by the secretary. This section does not apply to squid, Pacific whiting, or anchovy delivered for the purpose of retorting or reducing.

Section § 12735

Explanation

This law section allows the secretary to create rules and regulations needed to implement this chapter. Any rules and regulations must be made following a specific process outlined in another part of the government code.

The secretary may adopt any rules and regulations that are reasonably necessary for the purpose of carrying out this chapter. Adoption of these rules and regulations shall be in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 12737

Explanation

This law allows weighmasters, who weigh vehicles carrying construction materials, to use automatic systems without direct supervision to weigh vehicles and issue official weighmaster certificates. The system must meet specific standards and regulations. Weighmasters operating from a fixed location must pay a $75 yearly fee, with additional fees for multiple locations or mobile operations. The law explains key terms like 'license year' and 'principal weighmaster' to clarify the responsibilities and setup. This regulation became effective on January 1, 2020.

(a)CA Business and Professions Code § 12737(a) Any weighmaster weighing any vehicle moving construction materials, including, but not limited to, earth, stone, rock, sand, gravel, limestone, ready mixed concrete, cementitious materials, recycled construction materials, or asphalt paving materials may use an unattended weighing system to weigh the vehicle and to issue a weighmaster certificate to buyers who opt to utilize the unattended system, provided that the system and the operation of the system comply with regulations or policies issued by the secretary. The name of the principal weighmaster and the unique system identification number of the unattended weighing system utilized shall be imprinted on the weighmaster certificate and this shall satisfy the requirements of subdivision (c) of Section 12715. Nothing in this section impacts existing weighing and ticketing systems.
(b)Copy CA Business and Professions Code § 12737(b)
(1)Copy CA Business and Professions Code § 12737(b)(1) A weighmaster shall pay the department the following license fee for each license year as applicable to the operation:
(A)CA Business and Professions Code § 12737(b)(1)(A) Seventy-five dollars ($75) if the weighmaster is operating at a fixed location.
(B)CA Business and Professions Code § 12737(b)(1)(B) Thirty dollars ($30) for each additional fixed location at which the weighmaster is operating.
(C)CA Business and Professions Code § 12737(b)(1)(C) Two hundred dollars ($200) if the weighmaster is operating at other than a fixed location.
(D)CA Business and Professions Code § 12737(b)(1)(D) Twenty dollars ($20) for each deputy weighmaster.
(2)CA Business and Professions Code § 12737(b)(2) Any fee imposed pursuant to this section shall not exceed the reasonable regulatory costs to the department of enforcing this section.
(c)CA Business and Professions Code § 12737(c) For purposes of this section:
(1)CA Business and Professions Code § 12737(c)(1) “License year” means the period of time beginning with the first day of the month the weighmaster is required to be licensed in this state, and ending on the date designated by the secretary for expiration of the license, or yearly intervals after the first renewal.
(2)CA Business and Professions Code § 12737(c)(2) “Location” means a premise on which weighing, measuring, or counting devices are used.
(3)CA Business and Professions Code § 12737(c)(3) “Principal weighmaster” means the person or entity identified on the weighmaster certificate, as described in subdivision (b) of Section 12714, that may employ or designate any person to act for the weighmaster as a deputy weighmaster pursuant to Section 12710.
(4)CA Business and Professions Code § 12737(c)(4) “Unattended weighing system” means an automated system not directly under the supervision of a weighmaster that meets the approval, testing, and sealing requirements of Section 12717.
(d)CA Business and Professions Code § 12737(d) This section shall become operative on January 1, 2020.