Section § 12100

Explanation
The Department of Food and Agriculture oversees how weights and measures, as well as weighing and measuring tools, are sold and used in the state unless another law covers it.
Where not otherwise provided by law, the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring devices sold or used in the state.

Section § 12101

Explanation
The department is responsible for checking how different counties and cities handle weights and measures, and ensuring fair practices in the sale of packaged goods and food items.
The department shall investigate conditions in the various counties and cities in respect to weights and measures, and to the sale of goods, wares and merchandise, commodities and foodstuffs in containers.

Section § 12102

Explanation
Each year, the department must report their work to the Governor and make recommendations. Before each regular legislative session, they also need to share this information with the Legislature.
The department shall annually report to the Governor, and shall prior to each regular session report to the Legislature the work under this division, and shall make such recommendations as may be proper and necessary.

Section § 12103

Explanation

This law requires the department to maintain detailed records of its actions, any legal proceedings it initiates, and reports from different sealers. All these records must be accessible to the public.

The department shall keep a complete record of all of its acts, a record of prosecutions, and the reports of the various sealers. These records and reports shall be open to the public.

Section § 12103.5

Explanation

This law section states that the responsibility for enforcing the rules and requirements of this division is given to the secretary and the sealers who work under the secretary's guidance.

The duty of enforcing this division and carrying out its provisions and requirements is vested in the secretary and in each sealer acting under the supervision and direction of the secretary.

Section § 12104

Explanation

This law states that the department must guide and recommend how county sealers should do their job. It also requires these instructions to include an analysis of local costs associated with weights and measures protection across the state. This analysis should find areas where funding is needed to support county programs. Furthermore, the secretary and county sealers must work together to set enforcement priorities.

(a)CA Business & Professions Code § 12104(a) The department shall issue instructions and make recommendations to the county sealers, and the instructions and recommendations shall govern the procedure to be followed by these officers in the discharge of their duties.
(b)CA Business & Professions Code § 12104(b) Instructions and recommendations that are made to ensure statewide weights and measures protection shall include a local administration cost analysis utilizing data provided by the county sealer. The cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The secretary shall develop, jointly with the county sealers, county priorities for the enforcement programs and activities of the secretary.

Section § 12104.5

Explanation

This law allows a state official to give money to counties each year to help pay for programs that check the accuracy of weights and measurements in commerce. The amount given can't be more than one-third of what the county spent on these programs last year, and the money comes from the state's budget for overseeing these activities locally.

The secretary may allocate annually to each county an amount determined by the secretary not to exceed one-third of the amount expended by the county pursuant to this division during the previous fiscal year for weights and measures programs. The allocation shall be made from funds appropriated to the secretary for the administration and enforcement of this division at the local level.

Section § 12105

Explanation

This law says that the department, as decided by the secretary, will regularly check how local sealers are doing their jobs. They also have the authority to examine any weighing or measuring devices used by people.

The department shall, at a frequency determined by the secretary, inspect the work of the local sealers and may inspect the weights, measures, balances, or any other weighing or measuring devices of any person.

Section § 12106

Explanation

This law requires the department to test scales and measuring devices at least once a year, and whenever asked, to ensure accuracy in managing supplies at state institutions. They must also provide a written report of their findings to the institution's executive officer.

The department shall, at least once annually and as often as requested by the Department of General Services or the executive officer of a state institution, test the scales, weights and measures used in checking the receipt and disbursement of supplies in any state institution, and shall report in writing its findings to the executive officer of the institution concerned.

Section § 12106.5

Explanation

The law allows California to recognize the testing and sealing of weighing and measuring devices done by another state, as long as that state's requirements meet California's standards.

The secretary may accept the testing and sealing of weighing and measuring devices by another state upon a finding that the requirements of California for testing and sealing such devices have been met.

Section § 12107

Explanation

This law says that the secretary in charge must set rules for how commercial weighing and measuring tools are used. These rules should follow the latest national standards unless adjustments are made by the secretary. The secretary can also create their own rules for tools not covered by the national guide. When making or changing these rules, the process must follow specific government procedures. Breaking these rules is illegal.

The secretary shall establish tolerances and specifications and other technical requirements for commercial weighing and measuring. In doing so, the secretary shall adopt, by reference, the latest standards as recommended by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 44 “Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices,” except as specifically modified, amended, or rejected by regulation adopted by the secretary.
The secretary may, by regulation, establish tolerances and specifications for commercial weighing and measuring devices not included in Handbook 44.
Any regulation shall be adopted, amended, or repealed in conformity with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
It shall be unlawful for any person to violate any of the rules, regulations, tolerances, specifications, or standards established under this section.

Section § 12107.1

Explanation

The secretary can set rules about how much a product should weigh or how many items should be in a package, as long as it's not a product made of four or more basic ingredients. These rules should match official federal or state guidelines or common practices if no official guidelines exist. Once these standards are set, it's illegal to sell products in sizes that are different from the standards. Any changes to the regulations must follow specific procedures outlined in government regulations.

The secretary, by regulation, may establish a standard or standards of net weight or net measure, or net count of any commodity, except any manufactured commodity consisting of four or more staple ingredients. These standards, whenever applicable, shall be based upon published, official federal or state specifications and requirements or, in the absence of any published official specifications, upon established and accepted common usage. Any regulation shall be adopted, amended, or repealed in conformity with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Whenever a standard, net weight, net measure, or net count has been established for any commodity, it is unlawful to sell the commodity by, at, or for a quantity greater or less than the standard.

Section § 12108

Explanation

This law allows a secretary to hire a sealer—a person who typically verifies measurements and weights in a county—to help with specific tasks not normally part of their job. These tasks must be things that the department or the Food and Agricultural Code oversees. The sealer can be paid reasonably for this work along with their expenses.

The secretary may arrange for the services of a sealer employed in a county on a collaborative basis and allow reasonable compensation and expenses for the purpose of performing services not already within his or her duties and that are subject to administration or enforcement by the department under the provisions of this code or of the Food and Agricultural Code.