Weights and MeasuresWeighmasters
Section § 12700
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.
Section § 12700.5
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.
Section § 12701
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.
Section § 12702
If you see the term 'Weighmaster,' it automatically includes someone called a 'deputy weighmaster' too.
Section § 12703
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.
Section § 12703.1
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 The section does not apply to pawnbrokers or licensed secondhand dealers and is set to be repealed on January 1, 2028 unless extended by a new law.
Section § 12704
This law requires weighmasters to pay specific license fees annually, depending on where they operate. If they work at a fixed location, the fee is $75, plus $30 for extra locations. For operating elsewhere, it's $200. Deputy weighmasters cost $20 each.
Weighmasters working with recyclers or junk dealers must pay $500 per location, regardless of where they are.
The 'license year' is the period starting from when the licensing begins and lasts for a period determined by the secretary. A 'location' is where weighing devices are used. This law is set to expire on January 1, 2028, unless it's extended or changed by future legislation.
Section § 12704
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.
Section § 12705
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.
Section § 12706
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.
Section § 12707
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.
Section § 12708
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.
Section § 12709
This law states that all license fees collected under this chapter go into the Department of Food and Agriculture Fund for managing and enforcing the chapter, with some exceptions. Specifically, fees from Section 12704 subdivision (b) go into a separate account, used for managing and enforcing Section 12703.1. Note that this law will expire on January 1, 2028, unless it's renewed or changed by another law before then.
Section § 12709
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.
Section § 12710
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.
Section § 12710.5
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.
Section § 12711
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.
Section § 12712
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.
Section § 12713
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.
Section § 12714
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.
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.
Section § 12714.5
This section requires that any certificate must be easy to read and have a unique sequential number.
Section § 12715
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.
Section § 12716
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.
Section § 12716.5
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.
Section § 12717
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.
Section § 12718
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.
Section § 12718.5
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.
Section § 12719
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.
Section § 12720
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.
Section § 12721
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.
Section § 12722
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.
Section § 12723
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.
Section § 12724
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.
Section § 12725
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.
Section § 12726
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.
Section § 12727
The secretary has the authority to direct a vehicle to go to the closest vehicle scale to check its weight at any time.
Section § 12728
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.
Section § 12729
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.
Section § 12730
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.
Section § 12731
Section § 12732
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.
Section § 12733
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.
Section § 12734
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.
Section § 12735
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.
Section § 12737
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.