Weights and MeasuresGeneral Provisions
Section § 12001
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.
Section § 12002
This section simply defines that whenever the term “Department” is used, it refers to the Department of Food and Agriculture.
Section § 12003
In this law section, the term “Secretary” specifically refers to the Secretary of Food and Agriculture.
Section § 12004
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.
Section § 12005
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.
Section § 12006
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.
Section § 12008
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.
Section § 12009
Section § 12009.5
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.
Section § 12010
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.
Section § 12011
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.
Section § 12011.5
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.
Section § 12011.6
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.
Section § 12011.7
This law defines a 'pallet' as a movable platform used to hold containers or materials, making them easier to handle.
Section § 12012
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.
Section § 12012.1
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.
Section § 12013
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.
Section § 12014
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.
Section § 12015
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.
Section § 12015.3
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.
Section § 12015.5
Section § 12016
If you get in the way of a sealer doing their job, it's considered a misdemeanor, which is a type of minor crime.
Section § 12017
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.
Section § 12018
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.
Section § 12019
This law says that a false weight or measure is any that doesn't match the official standards set by this set of regulations.
Section § 12020
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.
Section § 12021
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.
Section § 12022
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.
Section § 12022.5
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.
Section § 12023
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.
Section § 12023.5
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.
Section § 12024
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.
Section § 12024.1
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.
Section § 12024.10
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.
Section § 12024.11
This law requires the secretary to create rules for selling and advertising firewood to standardize how it's measured and prevent dishonest marketing.
Section § 12024.13
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.
Section § 12024.2
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.
Section § 12024.3
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.
Section § 12024.5
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.
Section § 12024.55
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.
Section § 12024.6
This law says that businesses can't advertise or promote a product to lure customers into buying something different than what was initially presented.
Section § 12024.7
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.
Section § 12024.8
This law states that the rules in Section 12024.5 do not apply to fish that are not meant to be eaten by people.
Section § 12024.9
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.
Section § 12025
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.
Section § 12025.5
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.
Section § 12026
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.
Section § 12026.5
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.
Section § 12027
This law allows the secretary to create rules and regulations to effectively implement the provisions outlined in this division.