Weights and MeasuresWeighing and Measuring Devices
Section § 12500
This section defines key terms related to weighing and measuring devices. A "weighing instrument" is any tool used to determine weight, while a "measuring instrument" is used for measuring other aspects. "Correct" and "incorrect" refer to whether these devices meet established standards. The term "commercial purposes" covers using these devices for transactions based on weight or measure, but excludes certain uses within manufacturing and healthcare settings.
Section § 12500.10
If a weighing, measuring, or counting device is used in a way that violates certain rules, it will be removed from use by marking it as an 'unapproved device'. Once the device is fixed to comply with rules, it'll have this mark removed. If not fixed within 30 days, the device can be seized. After seizure, the device awaits a court's decision on what will happen to it. If no decision is made in four years, it will be destroyed or otherwise dealt with. The sealer must inform county officials about the destruction and the device's original owner.
Section § 12500.5
This law states that the secretary needs to approve the types or designs of any weights, measures, or devices used for selling goods, ensuring they meet certain standards. Businesses can't legally sell or use these items unless they've been approved. However, if a device was already being used for business before this law went into effect, it can keep being used until it's declared unfit according to this code.
Section § 12500.6
The law gives the secretary the power to stop the sale or installation of certain weighing or measuring devices if they're found not to meet the approved standards or if they aren't identical to the approved design. The secretary can start legal proceedings to either revoke or change the approval of these devices. This includes deciding how long someone can keep using an accurate device for business if its approval is revoked or changed, while they look for a replacement or fix.
Section § 12500.8
This law allows the secretary to work with the National Type Evaluation Program and other similar organizations to mutually recognize each other's certifications when testing prototypes for weights and measures.
Section § 12500.9
If you're submitting a device for official approval, you'll need to pay a fee and a deposit upfront. If the department's costs end up being more than your deposit, you'll have to pay the extra charges after testing is done. The fees help cover the costs of testing the prototypes, like time, travel, equipment, and administration. The department might also pay other agencies or labs for help with testing. There's also a possible yearly fee for keeping your approval certificates updated. All the money collected goes into a special fund, and the secretary can make rules to manage all this.
Section § 12501
This law states that if you sell devices for weighing or measuring things commercially, you need to have them officially checked and sealed by an inspector within a year before selling them. There are some exceptions mentioned in other specific sections.
Section § 12501.1
This law says that if you're using any kind of weight or measuring tool for business, it must be officially checked and sealed to ensure accuracy. If it was sealed before the sale, you can use it until the authorized period ends or until it becomes inaccurate. Also, car odometers tested by the manufacturer can be used for business during a specific inspection period without additional tests. After that, they need to be sealed by an official before further use.
Section § 12501.2
This law says that inspectors, called sealers, are not required to test or seal weighing or measuring instruments, like scales, used for business if those tools are hard to reach with their testing equipment. If the business owner doesn't make the instrument easier to access within six months after written notice, the sealer can skip the testing.
Section § 12501.3
This law allows a sealer to let a seller keep using a device that's not properly sealed if the faulty device only harms the seller, not the buyer. The seller must fix the device within 30 days.
Section § 12502
If you buy a scale or a measuring tool that needs to be put together before use, it's okay to sell it without checking its accuracy first. However, it must be tested to make sure it's working right before you actually use it.
Section § 12503
Section § 12504
If you plan to use or sell any type of measuring device for business, you can ask the local official, called the sealer, to check it to make sure it works correctly. However, asking for this test doesn't protect you from breaking any rules if you're using or selling a faulty or unapproved measuring tool.
Section § 12505
If an inspector checks a scale or measuring tool used in business and finds it accurate, they must mark it with an approved seal visible to customers, showing it was inspected and the inspection date.
Section § 12506
If a tool used for weighing or measuring is wrong and can't be fixed, an inspector will take it and may destroy it. If it can possibly be fixed, the inspector will mark it as 'Out of order.'
Section § 12507
Section § 12508
If you tamper with or remove a label or tool used by an official to mark weighing or measuring equipment, you are committing a crime, unless a different rule applies to you under Section 12509.
Section § 12509
This section explains what happens when a weighing or measuring device has been fixed. If the device is repaired and checked again to confirm it's working properly, a person known as a sealer will take off the 'out of order' tag and mark it as approved. Additionally, a registered service agency can also remove this tag once repairs are done, with permission from the sealer, and the device can be used while waiting for the sealer to recheck it.
Section § 12509.5
This law talks about electric vehicle supply equipment (EVSE), which are devices that help control and supply electricity to electric cars during charging. If an EVSE has already been checked and approved for use, it doesn't need to be retested after maintenance, as long as the maintenance doesn't change how it operates correctly. This rule is only in effect until January 1, 2028, after which it will be repealed.
Section § 12510
This law makes it illegal to use, sell, or possess faulty or incorrect weights and measuring devices for commercial purposes in California. It outlines various actions deemed misdemeanors, such as using unsealed or condemned measuring instruments, using devices that cannot be accurately read by consumers, or selling devices designed to falsify measurements. It also requires devices to be tested and approved annually and mandates correct price computation by electronic devices. Possession of such incorrect instruments can be evidence of intent to break the law.
Section § 12511
If a weight or measuring device is tested and verified as correct by an official inspector or the National Institute of Standards and Technology (NIST), it can be used or sold in the state without needing another test. However, at any time, it can still be checked again to make sure it's accurate, even if it was already approved by an inspector or NIST.
Section § 12511.1
This law allows weights, measures, or measuring devices that have been verified or fixed by an approved service provider to be used in business activities until they are checked again by an official inspector.
Section § 12512
This law makes it a crime if a buyer misrepresents the amount or price of something they are buying. If the buyer provides either the amount or uses their own equipment to determine the amount, they must ensure the quantity and the price per unit align with what they told the seller, or what the law requires. If not, they are breaking the law, which would be considered a misdemeanor.
Section § 12513
This law says that when an authorized employee of the department seals or tests any weights or measures, or the tools used for weighing or measuring, it is just as valid as if an official sealer or their assistant did it.
Section § 12514
This law states that individuals who work as sealers, who are responsible for inspecting and certifying weighing or measuring devices, are not allowed to sell, earn money from, or have any financial interest in those devices. They also cannot charge for fixing or adjusting them.
Section § 12515
This law says that if you repair, adjust, sell, rent, lease, loan, or install a weighing or measuring device, you must inform the county's sealer within 24 hours, or else you'll be committing a misdemeanor. However, if the adjustment is just to keep the device in balance or at zero, you don't need to notify the sealer.
Section § 12516
This law makes it illegal to position a scale used at livestock auctions in a way that prevents the buyer and seller from easily reading it. However, if requested, a state certificate confirming the livestock's weight must be provided to both parties at the time of weighing.
Section § 12517
If you own a coin-operated scale that people use for weighing themselves, you need to put a clear sign on it saying: “This scale may not have been checked for accuracy.” The sign's letters must be bold and big enough to be noticeable.
Section § 12518
This law explains what to do if a water submeter, used to measure water usage in California, fails testing before it's installed. If the submeter is faulty and hasn't been tampered with to commit fraud, it must be labeled "Out of Order" and returned for service. However, it cannot be used in California.
Section § 12519
This law says that if an owner, user, or operator of a water submeter sends it to be inspected and tested, and it's found to be inaccurate, they won't face criminal charges or fines as long as certain conditions are met. These conditions include: the submeter was originally part of a batch tested for compliance before use, it was never individually tested before, it shows no signs of tampering or damage, and it has been properly maintained. However, such a submeter cannot be reused commercially until it's repaired, recalibrated, inspected, and resealed.