DIVISION 5. WEIGHTS AND MEASURES [12001. - 13800.]
Division 5 added by Stats. 1939, Ch. 43.
§§ 12001–13800 · 310 sections
CHAPTER 1. General Provisions §§ 12001–12027 · 49 sections
- § 12001 The definitions in this chapter apply to this division only and do not affect the provisions of any other division.
- § 12002 “Department” means the Department of Food and Agriculture.
- § 12003 “Secretary” means the Secretary of Food and Agriculture.
- § 12004 “State Sealer” means the chief of the division of the department charged with the enforcement of the provisions of this division.
- § 12005 Whenever any provision of this division makes reference to the National Bureau of Standards, that reference shall be construed to include the National…
- § 12006 “County Sealer” means any sealer appointed by a county. A county may in its discretion refer to its sealer as the county director of weights and measures.
- § 12008 “Sealer,” when used without qualification, includes the State Sealer, county sealers and their deputies and inspectors.
- § 12009 “Sell,” in any of its variant forms, includes barter, exchange, trade, rent, lease, keep for sale, offer for sale, or expose for sale, in any of their variant…
- § 12009.5 “Distribute,” in any of its variant forms, includes keep for distribution, offer for distribution, or expose for distribution, in any of their variant forms.
- § 12010 “Use,” in any of its variant forms includes keep for use in any of its variant forms.
- § 12011 “Person” includes person, firm, corporation or association.
- § 12011.5 Wherever in this division the terms “copies” or “standards” or “copies of the standard weights and measures” are used, such terms shall refer to the original…
- § 12011.6 “Container” means any receptacle or carton, whether lidded or unlidded, into which a commodity is packed or placed, or any wrappings with or into which any…
- § 12011.7 “Pallet” means any portable platform upon which containers or material is placed to facilitate handling.
- § 12012 The secretary may exercise any power conferred upon the department or upon the State Sealer by this division through the State Sealer or otherwise.
- § 12012.1 The secretary may bring an action to enjoin the violation, or the threatened violation, of any provision of this division, or of any regulation adopted…
- § 12013 (a) Any sealer shall have the authority, as a public officer, to arrest, without a warrant, any person whenever such officer has reasonable cause to believe…
- § 12014 (a) Except as provided in subdivision (b), any sealer who seals any weight, measure, balance or weighing or measuring instrument or apparatus before first…
- § 12015 Any sealer having knowledge of a violation of any of the provisions of any law relating to weights and measures shall cause the violator to be prosecuted.
- § 12015.3 (a) The sealer may levy a civil penalty against a person violating any provision of this division or a regulation adopted pursuant to any of these provisions,…
- § 12015.5 Any person convicted of violating any of the provisions of this division, or, except as provided in Section 12015.3, any person who is determined to be civilly…
- § 12016 Any person who hinders or obstructs in any way any sealer, in the performance of his official duties, is guilty of a misdemeanor.
- § 12017 All officers, directors and managers of corporations, whose respective corporations use or sell any weights, measures, or weighing or measuring instruments…
- § 12018 Any person neglecting or refusing to exhibit any weight, measure, weighing or measuring instrument, or appliances and accessories connected therewith in his…
- § 12019 A false weight or measure is one which does not conform to the standard established or recognized by this division.
- § 12020 It shall be unlawful for any person, by himself or through or for another, to use for commercial purposes any weight or measure or weighing, measuring or…
- § 12021 Every person who knowingly marks or stamps false or short weight or measure, or knowingly takes false tare, on any container, or knowingly sells any container…
- § 12022 Every person who, in putting up in any container, goods usually sold by weight, puts in or conceals therein any other substance including moisture, except such…
- § 12022.5 Fresh meat or roasts of any kind or cut shall be exposed, advertised, offered for sale or sold on the basis of net weight of the fresh meat or roast only, and…
- § 12023 Except as provided elsewhere in this code any person who by himself or his employee or agent, or as the employee or agent of another, sells any commodity…
- § 12023.5 Notwithstanding any other provision of this code or any other law, jute cordage, hard fiber cordage, and hard fiber twine (whether covered or uncovered) may be…
- § 12024 Every person, who by himself or herself, or through or for another, sells any commodity in less quantity than he or she represents it to be is guilty of a…
- § 12024.1 Every person, by himself, or through or for another, who willfully misrepresents a charge for service rendered on the basis of weight, time, measure, or count…
- § 12024.2 (a) It is unlawful for any person, at the time of sale of a commodity, to do any of the following: (1) Charge an amount greater than the price, or to compute…
- § 12024.3 (a) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is a misdemeanor punishable by a fine of not…
- § 12024.5 It is unlawful for any person to sell or advertise for sale any dressed poultry or any other fowl or rabbit in dressed form, either cooked or uncooked, or…
- § 12024.55 Packages of meat, fish, or poultry offered for sale by door-to-door salespersons shall display the price per pound for each type and cut in the package. The…
- § 12024.6 No person, firm, corporation, or association shall advertise, solicit, or represent by any means, a product for sale or purchase if it is intended to entice a…
- § 12024.7 Any person who sells meat directly to the consumer on the basis of primal cuts or carcass weight shall supply the buyer with an accurate statement of weight at…
- § 12024.8 The provisions of Section 12024.5 shall not apply to fish not used for human consumption.
- § 12024.9 (a) All terms contained in this section which are defined by the United States Department of Agriculture shall have the same meaning as defined by such…
- § 12024.10 A true and legible copy of each document issued pursuant to Section 12024.7 or 12024.9 shall be retained by the person, company, or corporation issuing the…
- § 12024.11 The secretary shall adopt necessary rules and regulations pertaining to the sale or advertisement of wood for fuel purposes in order to standardize quantities…
- § 12024.13 (a) A dealer of a beverage in a container subject to Division 12.1 (commencing with Section 14500) of the Public Resources Code shall not charge an amount for…
- § 12025 Any person, who by himself, or his employee or agent, or as a proprietor or manager, refuses to exhibit any commodity being sold at a given weight or quantity,…
- § 12025.5 Whenever any commodity or any container is ordered off sale under the provisions of Section 12211 or Section 12607 of this division, the sealer shall cause the…
- § 12026 (a) Except as otherwise specifically provided, any person violating any of the provisions of this division is guilty of a misdemeanor. (b) It is unlawful for…
- § 12026.5 Except as otherwise specifically provided, the remedies or penalties provided by this division are cumulative to each other and to the remedies or penalties…
- § 12027 The secretary may make rules and regulations as are reasonably necessary for the purpose of carrying out the provisions of this division.
CHAPTER 2. Administration §§ 12100–12246 · 42 sections
ARTICLE 1. State Administration §§ 12100–12108 · 13 sections
- § 12100 Where not otherwise provided by law, the Department of Food and Agriculture has general supervision of the weights and measures and weighing and measuring…
- § 12101 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…
- § 12102 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…
- § 12103 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…
- § 12103.5 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…
- § 12104 (a) The department shall issue instructions and make recommendations to the county sealers, and the instructions and recommendations shall govern the procedure…
- § 12104.5 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…
- § 12105 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…
- § 12106 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,…
- § 12106.5 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…
- § 12107 The secretary shall establish tolerances and specifications and other technical requirements for commercial weighing and measuring. In doing so, the secretary…
- § 12107.1 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…
- § 12108 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…
ARTICLE 2. Local Administration §§ 12200–12215 · 23 sections
- § 12200 There is in each county the office of county sealer of weights and measures. The county sealer shall be appointed by the board of supervisors, except in…
- § 12201 If from any cause a vacancy occurs in the office of county sealer, the secretary upon learning of the vacancy shall immediately transmit to the board of…
- § 12201.1 The salary and other compensation provided for the county sealer, deputy county sealers and inspectors and clerks shall be paid out of the county treasury in…
- § 12201.2 If the position of sealer cannot be filled by the board of supervisors or other appointing power or by the secretary as provided in Section 12201, then it…
- § 12202 (a) The secretary shall cause to be examined persons desiring to become county sealers, deputy county sealers, or inspectors and shall adopt rules and…
- § 12203 Except as provided in this section, no person shall hereafter be appointed to the office of county sealer, deputy county sealer, or inspector unless he or she…
- § 12204 In chartered counties providing for the civil service examination of sealers, deputy sealers, or inspectors the secretary shall issue a license without further…
- § 12205 For the purpose of receiving advice on the best and most efficacious methods of performing his or her duties and conducting his or her office, every county…
- § 12206 The jurisdiction of a county sealer appointed by a county or the secretary extends over the entire territorial limits of the county.
- § 12207 The department shall furnish an identification card to each sealer. The identification card shall be of a form as prescribed by the department and shall be…
- § 12209 Every sealer shall: (a) Carefully preserve all copies of the standards of weights and measures in his possession; (b) Keep the copies in a safe and suitable…
- § 12209.5 Each sealer may, when so directed by the board of supervisors, issue and cause to be distributed to such persons as he may deem proper illustrative material or…
- § 12209.6 (a) A county sealer may test and certify the accuracy of all parking meters located in the county in which the sealer has jurisdiction, including, but not…
- § 12209.7 (a) For purposes of this section, the following definitions apply: (1) “Correct” has the same meaning as defined in Section 12500. (2) “Electric vehicle…
- § 12210 (a) Each sealer shall, within his or her county inspect, try and test all weights, scales, beams, measures of any kind, instruments or mechanical devices for…
- § 12210.3 (a) A county sealer who possesses the appropriate equipment to perform tests on water submeters shall inspect, test, and certify to the accuracy of a water…
- § 12210.5 (a) Any county which inspects or tests any weighing or measuring device or instrument used commercially, at the request of the owner or user of that device,…
- § 12210.7 A county sealer shall, within his or her county and upon written request of the owner, user, or operator of the water submeter, authorize the installation of a…
- § 12211 Each sealer shall, from time to time, weigh or measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to…
- § 12212 (a) The secretary shall adopt necessary regulations governing the inspection frequency of all commercially used weights, measures, and weighing and measuring…
- § 12213 Each sealer may, in the general performance of his duty, without formal warrant, enter or go into or upon, any stand, place, building or premises or stop any…
- § 12214 (a) Upon satisfactory evidence presented to the secretary that the county sealer of any county is guilty of neglect of duty, incompetence, or misconduct in…
- § 12215 A county sealer who receives information or evidence indicating that any weighing or measuring device, parking meter, or other installation under the county…
ARTICLE 2.1. Fees and Charges §§ 12240–12246 · 6 sections
- § 12240 (a) Except as otherwise provided in this section, the county board of supervisors, by ordinance, may charge an annual registration fee, not to exceed the…
- § 12241 The secretary shall establish by regulation an annual administrative fee to recover reasonable administrative and enforcement costs incurred by the department…
- § 12242 The revenue from any fee charged pursuant to Section 12240 shall be deposited in the general fund of the county and used solely for the activities required by…
- § 12243 In addition to providing notice as otherwise required, before adopting an ordinance charging fees pursuant to Section 12240, the board of supervisors shall…
- § 12244 Any costs incurred by the board of supervisors in conducting the required meeting may be recovered from fees charged for the services which were the subject of…
- § 12246 This article shall remain in effect only until January 1, 2029, and as of that date is repealed.
CHAPTER 3. Standards of Weights and Measures §§ 12300–12314 · 13 sections
- § 12300 Contracts made within this State for work to be done or for anything to be sold or delivered by weight or measure shall be construed according to the common…
- § 12301 No contract or pleading is invalid or subject to objection because the weights or measures expressed or referred to therein are weights or measures of the…
- § 12303 The state standards of weights and measures by which all state and county standards of weights and measures shall be tried, proved, and sealed include the…
- § 12304 The department shall keep the standards of the state in a suitable laboratory location or, if transportable, shall maintain the standards under environmental…
- § 12305 The department shall use the standards of the state to certify similar standards and any dissimilar standards that are dependent on the values represented by…
- § 12308 The legislative body of each county shall, upon the appointment of a sealer provide copies of the State’s standards of weights and measures at county expense.…
- § 12309 The department shall, at the request of the legislative body of any county, furnish copies of the standard weights and measures of the State at the expense of…
- § 12310 The department, or a laboratory designated by the department that has been certified pursuant to Section 12314, shall certify the standards of the county…
- § 12310.5 The department shall, upon request, certify and verify the various types of standards of weights and measures used by industry in accordance with the standards…
- § 12311 Every sealer having knowledge that a county standard may be incorrect, regardless of the cause, shall notify the department of the condition, and shall, if…
- § 12312 In any prosecution for a violation of any of the provisions of this division any copy of the standards of weights and measures of the State furnished,…
- § 12313 The definitions of basic units of weight and measure, and the tables of weight and measure and weights and measures equivalents, as published by the National…
- § 12314 The department, by regulation, may establish criteria and procedures for certification of laboratories to perform measurement services that are determined by…
CHAPTER 5. Weighing and Measuring Devices §§ 12500–12519 · 30 sections
- § 12500 As used in this chapter the following terms mean: (a) “Weighing instrument” means any device, contrivance, apparatus, or instrument used, or designed to be…
- § 12500.5 The secretary by rules and regulations shall provide for submission for approval of types or designs of weights, measures, or weighing, measuring, or counting…
- § 12500.6 Notwithstanding Section 12500.5, the secretary may prohibit the sale or installation of any previously approved type or design of weight or measure or…
- § 12500.8 The secretary may enter into an agreement with the National Type Evaluation Program, a certification program of the National Council on Weights and Measures,…
- § 12500.9 The secretary shall charge and collect an application fee and reasonable deposit from persons submitting devices for approval as required by Section 12500.5.…
- § 12500.10 (a) A sealer shall cause to be removed from commercial usage any weighing, measuring, or counting instrument or device sold or used in violation of Section…
- § 12501 Except as provided in Section 12502 and, with respect to odometers, as is provided in Section 12501.1, every person who, for commercial purposes, sells weights…
- § 12501.1 Every person who uses, or intends to use, any weight or measure, or weighing or measuring instrument for commercial purposes shall, before using the same,…
- § 12501.2 Notwithstanding other provisions of this division, a sealer shall not be required to inspect, test or seal any scales or other weighing or measuring…
- § 12501.3 Notwithstanding any other requirements or provisions of this division, a sealer may permit the use of an unsealed device pending repairs if the device is in…
- § 12502 Any weighing or measuring instrument, which, after being sold and before being used for weighing or measuring, it is necessary to assemble or set up, may be…
- § 12503 Upon a written request of any resident of a county, there appearing reasonable ground therefor, the sealer shall test or cause to be tested, as soon thereafter…
- § 12504 Upon the written request of any person who intends to use or sell for commercial purposes any weight or measure, or weighing or measuring instrument in any…
- § 12505 Whenever a sealer examines any weight or measure or weighing, measuring, or counting instrument used for commercial purposes, and finds it to be correct, he or…
- § 12506 A sealer shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring instruments used for commercial purposes, which in…
- § 12507 The owners or users of any weights and measures or weighing or measuring instruments which have been marked “Out of Order,” shall have them repaired or…
- § 12508 Except as provided in Section 12509, any person who removes or obliterates any tag or device placed upon any weight, measure, or weighing or measuring…
- § 12509 (a) When any weight, measure, or weighing or measuring instrument has been repaired and corrected, and has been reinspected and found correct, the sealer shall…
- § 12509.5 (a) For purposes of this section, “EVSE” or “electric vehicle supply equipment” means a device that is used in connection with the sale of electricity as a…
- § 12510 (a) Any person, who by himself or herself, or through or for another, does any of the following is guilty of a misdemeanor: (1) Uses, for commercial purposes,…
- § 12511 Any weight, measure, or weighing or measuring instrument tested and found correct by any sealer may be used within this state without any further test for such…
- § 12511.1 Notwithstanding any other provisions of this division, any weight or measure, or weighing or measuring instrument, found correct or corrected by a registered…
- § 12512 When the sale of any commodity is based upon a quantity representation either furnished by the purchaser or obtained through the use of equipment supplied by…
- § 12513 Any sealing or testing of any weight, measure, weighing or measuring instrument by any employee of the department authorized for the purpose shall have the…
- § 12514 No sealer shall sell or be interested directly or indirectly in the sale of any weighing or measuring instrument, nor shall he accept a fee, compensation, or…
- § 12515 (a) Any person having made repairs or adjustments to any weighing instrument or to any measuring instrument, or any person having sold, rented, leased, loaned,…
- § 12516 It shall be unlawful for any person to locate or position any scale used in connection with the auctioning of livestock so that its indications are not readily…
- § 12517 Every owner of a coin-operated person weigher shall place on such weigher, in a prominent position, in letters at least three-sixteenths inches in height and…
- § 12518 A water submeter submitted to a sealer by an owner, user, or operator for inspection and testing before its initial installation that is found to be incorrect,…
- § 12519 (a) Notwithstanding any other law, an owner, user, or operator of a water submeter that has previously been sealed, installed, and used commercially who…
CHAPTER 5.5. Service Agencies for Weighing and Measuring Devices §§ 12531–12544 · 12 sections
ARTICLE 1. Definitions § 12531 · 1 section
- § 12531 As used in this chapter, the following definitions are applicable: (a) “Service agency” means a person, as defined in Section 12011, that for hire, award,…
ARTICLE 2. Registration §§ 12532–12534 · 3 sections
- § 12532 (a) No person shall engage in business as a service agency unless the person is registered by the Secretary of Food and Agriculture pursuant to this chapter…
- § 12533 Before the issuance of its registration or in order to maintain its current registration, a service agency shall do all of the following: (a) (1) Possess, or…
- § 12534 Commencing January 1, 2001, a service agency shall use suitable and sufficient standards that are permanently and uniquely identified, and have a current…
ARTICLE 3. Fees §§ 12535–12537 · 3 sections
- § 12535 (a) An application for service agency registration shall be accompanied by an annual fee of two hundred dollars ($200) for a primary maintenance location, and…
- § 12536 Fees received by the department pursuant to this chapter shall be paid into the State Treasury to the credit of the Food and Agriculture Fund to be used for…
- § 12537 Sixty percent of the funds derived pursuant to this chapter shall be allocated by the secretary to counties that employ a sealer or director of weights and…
ARTICLE 4. Examinations § 12540 · 1 section
- § 12540 (a) Commencing on January 1, 2001, no person shall be employed by a service agency as a service agent unless he or she possesses a current license. (b)…
ARTICLE 5. Advisory Committee § 12541 · 1 section
- § 12541 (a) The department shall establish a seven-member advisory committee consisting of the following members: (1) Two members representing registered service…
ARTICLE 6. Disciplinary Action §§ 12542–12544 · 3 sections
- § 12542 A service agency registration may be suspended for the actions of its service agents in violation of this division. A service agency’s registration may be…
- § 12543 A service agency’s authorization to place devices into service, or to remove out-of-order notices may be suspended by a county sealer, within his or her…
- § 12544 (a) A county sealer intending to suspend the authorization of a service agency shall notify the service agency in writing of all of the following: (1) The…
CHAPTER 6. Fair Packaging and Labeling Act §§ 12601–12615.5 · 13 sections
- § 12601 This chapter is designed to protect purchasers of any commodity within its provisions against deception or misrepresentation. Packages and their labels should…
- § 12602 (a) It is unlawful for any person engaged in the packaging or labeling of any commodity for distribution or sale, or for any person (other than a common…
- § 12603 No person subject to the prohibition in Section 12602 shall distribute any packaged commodity unless it is in conformity with regulations that shall be…
- § 12605 No person subject to the prohibition contained in Section 12602 shall distribute or cause to be distributed in commerce any packaged commodity if any…
- § 12606 (a) No container wherein commodities are packed shall have a false bottom, false sidewalls, false lid or covering, or be otherwise so constructed or filled,…
- § 12606.2 (a) This section applies to food containers subject to Section 403(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343(d)), and Section 100.100…
- § 12607 Whenever a packaged commodity is offered for sale, exposed for sale or sold without a statement of net quantity appearing thereon as required by this chapter,…
- § 12609 The secretary shall adopt necessary regulations to carry out the purpose of this division and for the testing of packages to verify the net quantity…
- § 12610 The secretary may promulgate regulations similar to those promulgated by the United States Secretary of Health and Human Services or the Federal Trade…
- § 12611 It is unlawful to pack, ship, or sell any commodity in a container which does not conform to all the specifications of this chapter; or which is not…
- § 12612 The sale of any commodity packaged in a container, wherein both the container and the contents thereof comply with any act of Congress or rules or regulations…
- § 12613 If any provision of this chapter is less stringent or requires information different from any requirement of Section 4 of the act of Congress entitled “Fair…
- § 12615.5 The violation of any provision of this chapter, except the provisions of Section 12604.5, is a misdemeanor punishable by a fine of not less than twenty-five…
CHAPTER 6.5. Unit Pricing §§ 12655–12656 · 2 sections
- § 12655 It is the intent of the Legislature to encourage the unit pricing of all canned, bottled, and packaged foods, packaged produce, and bakery goods; paper,…
- § 12656 The department, in cooperation with the retail food industry, shall adopt a standardized format for unit pricing that shall be available to a retailer upon…
CHAPTER 7. Weighmasters §§ 12700–12737 · 43 sections
- § 12700 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,…
- § 12700.5 (a) A weighmaster is not required to provide weighing services to the general public. (b) Weighing for hire is at the discretion of the weighmaster.
- § 12701 The following persons are not weighmasters: (a) Retailers weighing, measuring, or counting commodities for sale by them in retail stores in the presence of,…
- § 12702 “Weighmaster,” when used without qualification, includes a deputy weighmaster.
- § 12703 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…
- § 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…
- § 12704 (a) A weighmaster shall pay to the department the following license fee for each license year as applicable to the operation: (1) Seventy-five dollars ($75) if…
- § 12705 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.
- § 12706 (a) The secretary may assign or reassign dates for the expiration of licenses for any weighmaster. (b) The secretary may establish a license year for any…
- § 12707 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…
- § 12708 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,…
- § 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…
- § 12710 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…
- § 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…
- § 12711 A weighmaster shall issue a weighmaster certificate whenever payment for the commodity or service represented is dependent on a written or printed weight,…
- § 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…
- § 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…
- § 12714 (a) There shall appear in an appropriate and conspicuous place on each certificate, and all copies thereof, the following legend: WEIGHMASTER CERTIFICATE THIS…
- § 12714.5 All information contained on the certificate shall be clear and legible. Each certificate shall be numbered consecutively.
- § 12715 Each certificate shall provide for the following information as applicable to the transaction: (a) The date on which the weight, measure, or count was…
- § 12716 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…
- § 12716.5 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…
- § 12717 Any weighing, measuring, or counting instrument or device, as defined in Section 12500, which is used by a weighmaster and for which specifications and…
- § 12718 Any person who does any of the following acts is guilty of a misdemeanor: (a) Requests any person to weigh, measure, or count any commodity falsely or…
- § 12718.5 Subdivision (g) of Section 12718 does not apply to any of the following: (a) Persons engaged in the business of printing, distributing, or selling weighmaster…
- § 12719 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…
- § 12720 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…
- § 12721 Except as otherwise provided in this chapter, the vehicle, container, pallet, or commodity for which the weight, measure, or count is being certified shall…
- § 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…
- § 12723 The secretary shall adopt regulations for the establishment of vehicle, container, and pallet tares, including, but not limited to, the adoption of conditions…
- § 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…
- § 12725 A weighmaster shall not certify to the gross weight of a vehicle if all of the following conditions prevail: (a) The scale is located at the site where the…
- § 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…
- § 12727 The secretary may, at any time, require a vehicle to proceed to the nearest vehicle scale for the purpose of weight verification.
- § 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…
- § 12729 (a) Except as otherwise provided in this section, any person who violates any provision of this chapter is guilty of a misdemeanor. (b) Violations of Sections…
- § 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…
- § 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,…
- § 12732 In addition to the certificate requirements of Sections 12714, 12714.5, and 12715, all of the following information shall appear on weighmaster certificates…
- § 12733 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…
- § 12734 Notwithstanding any other provision of this division, the weight of squid, Pacific whiting, or anchovy, certified pursuant to this chapter, may be determined…
- § 12735 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…
- § 12737 (a) Any weighmaster weighing any vehicle moving construction materials, including, but not limited to, earth, stone, rock, sand, gravel, limestone, ready mixed…
CHAPTER 9. Special Provisions Relating to Farm Products §§ 12925–12930 · 2 sections
ARTICLE 2. Wool Products § 12925 · 1 section
- § 12925 No person purchasing wool from a producer shall make a specific deduction for tags, fribs, crutchings or other off-wools, either on a basis of the percentage…
ARTICLE 3. Cotton § 12930 · 1 section
- § 12930 As used in this article “cotton” includes raw cotton, cotton linters, and cotton batting. Notwithstanding any other provision of this code or any other law,…
CHAPTER 13. Automatic Checkout Systems §§ 13300–13356 · 10 sections
ARTICLE 1. Point-Of-Sale Displays §§ 13300–13303 · 3 sections
- § 13300 (a) The operator of a business establishment that uses a point-of-sale system to sell goods or services to consumers shall ensure that the price of each good…
- § 13301 Notwithstanding any other provision of this division, the Attorney General, the district attorney, or city attorney may enforce the provisions of this chapter…
- § 13303 The secretary may adopt necessary rules and regulations regarding the accuracy of automated systems for retail commodity price charging referred to as…
ARTICLE 2. Point-Of-Sale System Accuracy Verification §§ 13350–13356 · 7 sections
- § 13350 (a) The board of supervisors of any county or city and county that has adopted or that adopts an ordinance for the purposes of determining the pricing accuracy…
- § 13351 For purposes of this chapter, “random sample” of items means that the selection process shall be modeled after the National Institute of Standards and…
- § 13352 For purposes of this chapter, “point-of-sale” system means any computer or electronic system used by a retail establishment such as, but not limited to,…
- § 13353 For the purposes of this chapter, “sale items” include any item that is represented or advertised to be lower in price from that which the item is normally…
- § 13354 For purposes of this chapter, “area” means an “entire store,” a “department,” “grouping of shelves or displays,” or other “section” of a store as defined by…
- § 13355 For the purposes of this chapter, “initial standard inspection” means an inspection made at the customary time interval used by an enforcement agency.
- § 13356 All other inspections of the point-of-sale system are considered “special inspections,” including, but not limited to, inspections pertaining to…
CHAPTER 14. Fuels and Lubricants §§ 13400–13620 · 76 sections
ARTICLE 1. General Provisions §§ 13400–13405 · 4 sections
- § 13400 For purposes of this chapter, the following terms mean the following: (a) “Advertising medium” includes banner, sign, placard, poster, streamer, and card. (b)…
- § 13404 (a) The sale of compressed natural gas by persons who sell compressed natural gas at retail to the public for use only as a motor vehicle fuel, and who are…
- § 13404.5 The secretary shall establish the method of sale of motor vehicle fuels and lubricants sold at retail to the public. In doing so, the secretary shall adopt, by…
- § 13405 (a) The department may grant a variance from the specifications of this chapter for developmental engine fuels if all of the following conditions apply: (1)…
ARTICLE 2. Sale of Motor Vehicle Fuels and Lubricants §§ 13410–13413 · 3 sections
- § 13410 (a) No person engaged in the business of extracting oil or gas from lands within the state, or of producing motor vehicle fuels for sale within the state, may…
- § 13411 It is unlawful for any person to sell or offer to sell motor vehicle fuel for use in any vehicle, as the term vehicle is defined by the Vehicle Code, on the…
- § 13413 (a) It is unlawful for any person or other legal entity to make any deceptive, false, or misleading statement by any means whatever regarding quality,…
ARTICLE 3. Hours of Business §§ 13420–13422 · 3 sections
- § 13420 Every person, firm, partnership, association, trustee, or corporation that owns, leases, or rents and operates a facility that offers any motor vehicle fuel…
- § 13421 Every person, firm, partnership, association, trustee, or corporation that owns, leases, or rents and operates a facility that offers any motor vehicle fuel…
- § 13422 A violation of this article is an infraction punishable by a fine not to exceed one hundred dollars ($100).
ARTICLE 4. Motor Oil Fee §§ 13430–13434 · 5 sections
- § 13430 As used in this article, “motor oil dealer” means any person, firm, or corporation engaged in the business of producing, packaging, or otherwise preparing…
- § 13431 The following persons shall pay to the secretary a maximum fee of five cents ($0.05) for each gallon of motor oil sold or purchased on or after January 1,…
- § 13432 The fees provided in Section 13431 are maximum fees and may be established at a lower rate by the secretary at any time the funds derived from such assessment…
- § 13433 The secretary may, by regulation, prescribe the frequency of payments of such assessments, the procedures for such payment, the procedures for refunds of…
- § 13434 The moneys which are received by the secretary pursuant to this chapter shall be deposited in the Department of Food and Agriculture Fund and shall be used…
ARTICLE 5. Standards for Spark-Ignition Fuels §§ 13440–13443 · 5 sections
- § 13440 (a) The department shall establish specifications for automotive spark-ignition engine fuels. The department shall adopt by reference the latest standards…
- § 13440.5 For purposes of determining the percentage of ethanol in a gasoline-oxygenate blend for use as a fuel, the volume of ethanol includes the volume of any…
- § 13441 It is unlawful for any person to sell any product as, or purporting to be, gasoline or automotive spark-ignition engine fuel, unless the product conforms to…
- § 13442 (a) It is unlawful for any person to sell, offer for sale, or cause or permit to be sold or offered for sale, or deliver or offer for delivery, any product…
- § 13443 The sign or label required by this article to be attached to the inlet end of the fill-pipe of an underground storage tank shall consist of a tag or plate…
ARTICLE 5.5. Standards for Alternative Fuels § 13446 · 1 section
- § 13446 The department may establish interim specifications for alternative fuel for use in motor vehicles until a standards development organization accredited by the…
ARTICLE 6. Standards for Compression-Ignition Engine Fuels, Kerosene, and Fuel Oils §§ 13450–13451 · 2 sections
- § 13450 The department shall establish specifications for compression-ignition engine fuel, kerosene, and fuel oil. The department shall adopt by reference the latest…
- § 13451 It is unlawful for any person to sell or deliver to any premises for the purpose of sale, any product as or purported to be “compression-ignition engine fuel,”…
ARTICLE 7. Standards for Lubricating Oils and Oils Used to Lubricate Transmissions, Gears, or Axles §§ 13460–13462 · 3 sections
- § 13460 Engine oil shall not be sold or distributed for use in an internal combustion engine unless the product conforms to the following specifications: (a) It shall…
- § 13461 Lubricating oil shall not be sold or distributed for use in lubricating manual transmissions, gears, or axles unless the product conforms to the following…
- § 13462 Any manufacturer or packager of any product subject to this article and sold in this state shall provide, upon request to duly authorized representatives of…
ARTICLE 8. Price Indications on Motor Vehicle Fuel Dispensing Apparatus §§ 13470–13477 · 8 sections
- § 13470 (a) A person shall not sell at retail to the general public, any motor vehicle fuel from any place of business in this state unless there is displayed on the…
- § 13470.5 Any person selling, offering for sale, or advertising for sale, at retail to the general public, any gasoline or other motor vehicle fuel from any place of…
- § 13471 Each sign required by this article shall be placed in a conspicuous place on the dispensing apparatus and if service of motor vehicle fuel may be made from…
- § 13472 When a sign is used in addition to a price indicator, as defined in Section 13470, and if the same grade of motor vehicle fuel is sold at a different price…
- § 13473 Unless otherwise provided, all letters, figures, or numerals on each sign required by this article, however affixed, marked, imprinted, placed, or embossed,…
- § 13474 All letters, figures, or numerals which are part of any sign or price indicator required by this article shall be plainly legible. The color or tint shall…
- § 13475 For the purpose of this article, a fraction is considered one numeral.
- § 13477 The provisions of this article do not apply to the sale of motor vehicle fuel for aircraft through or from any portable dispensing device.
ARTICLE 9. Labeling §§ 13480–13490 · 9 sections
- § 13480 (a) It is unlawful for any person to sell any motor vehicle fuel or lubricant referred to in this chapter at any place where motor vehicle fuels or lubricants…
- § 13481 (a) If any motor vehicle fuel or lubricant is offered for sale, but not under any brand, trademark, or trade name, the words “no brand” shall be used as the…
- § 13482 (a) It is unlawful for any person to sell or distribute engine oil or lubricant unless both of the following are met: (1) The product conforms to a minimum of…
- § 13483 The provisions of this article as to size of letters shall not apply to signs or labels at the inlet end of any underground storage tank, which letters may be…
- § 13484 Whenever any pump, receptacle, or other container is maintained or used to serve more than one driveway, the signs or labels required by this chapter shall be…
- § 13485 Small hand measures used for delivery of motor vehicle fuels or lubricants, and filled in the presence of the customer, need not be labeled in accordance with…
- § 13486 (a) It is unlawful, at any place of business where motor vehicle fuels or lubricants are sold, for any person to do either of the following: (1) Deliver into a…
- § 13489 The use of pumps or other devices which are capable of withdrawing gasoline from each of two tanks containing different qualities of the same petroleum product…
- § 13490 The use of pumps or other devices which are capable of withdrawing gasoline from one tank and motor oil, or a premixture of gasoline and motor oil in a known…
ARTICLE 10. Tank Vehicles §§ 13500–13503 · 4 sections
- § 13500 It is unlawful for any person to transport in any tank vehicle, for the purpose of sale or for delivery to any place where motor vehicle fuels or lubricants…
- § 13501 It is unlawful for any person, when delivering for the purpose of sale, or delivering to any place where products referred to in this chapter are kept for…
- § 13502 It is unlawful for any person to deliver into a storage tank or container at any place where products referred to in this chapter are stored for sale, any…
- § 13503 It is unlawful to deliver aviation gasolines to the fuel tank of any aircraft through the same meter used for deliveries of gasolines not specifically refined…
ARTICLE 11. Basis of Settlement § 13520 · 1 section
- § 13520 It is unlawful for any distributor or for any broker to sell any product to a retailer or to any person, when the quantity distributed in any single delivery…
ARTICLE 12. Price Sign Advertising §§ 13530–13540 · 8 sections
- § 13530 (a) Nothing in this article applies to price indicators and signs referred to in Article 8 (commencing with Section 13470). However, any numerals designating…
- § 13531 (a) (1) Every person offering for sale or selling any motor vehicle fuel to the public from any place of business shall display on the premises an advertising…
- § 13532 (a) It is unlawful for any person to display any advertising medium that indicates the price of motor vehicle fuel unless the advertising medium displays all…
- § 13533 It shall be unlawful for any person to display on or near the premises of any place of business in this state any advertising medium which advertises the price…
- § 13534 (a) Except as provided by subdivision (b), and subdivisions (b), (c), and (d) of Section 13532, it is unlawful for any person to place any additional…
- § 13535 If any motor vehicle fuel or lubricant is advertised for sale, but not under any brand designation, the words “no brand” shall be used on the advertising…
- § 13536 All letters, words, figures, or numerals which are part of the advertising media referred to in this article shall have a heavy type face or stroke, shall be…
- § 13540 Nothing in this article shall be construed to prohibit the governing body of any city, county, or city and county from enacting ordinances, including, but not…
ARTICLE 13. Inducements for the Sale of Motor Vehicle Fuel § 13550 · 1 section
- § 13550 No motor vehicle fuel producer or distributor shall compel or unduly or unreasonably influence any retail dealer to participate in the giveaway or offer to…
ARTICLE 14. Passing Off §§ 13561–13571 · 5 sections
- § 13561 This article does not prohibit any person from selling under his or her own trademarks, trade names, brands, or the words “no brand,” the product of any…
- § 13562 No person other than the true manufacturer who purchases any petroleum product shall change the designation under which the product is purchased by him or her,…
- § 13568 Copies of the written authorizations required by this article shall be furnished the department upon request.
- § 13570 (a) A manufacturer, blender, agent, jobber, consignment agent, or distributor who distributes motor vehicle fuel that contains at least 1 percent alcohol by…
- § 13571 Copies of the documentation specified in Section 13570 shall be available for inspection during business hours by duly authorized representatives of the…
ARTICLE 16. Enforcement §§ 13590–13600 · 11 sections
- § 13590 It is the duty of the department acting through the Division of Measurement Standards to enforce the provisions of this chapter, and to appoint and employ…
- § 13591 (a) The department, its inspectors, and each sealer, are hereby authorized and empowered to inspect the motor vehicle fuels or lubricants referred to in this…
- § 13592 The department, each sealer, and any person now or hereafter authorized or empowered by law to inspect the motor vehicle fuels or lubricants referred to in…
- § 13593 It is unlawful for any person, or any member, officer, agent, or employee of a firm, association, or corporation, to refuse to permit any person authorized by…
- § 13594 If the owner or person in possession of the product of which a sample is taken under this article shall at the time of the taking, demand payment for the…
- § 13595 (a) It is unlawful for any person to sell or deliver any motor vehicle fuel or lubricant referred to in this chapter that fails to meet the specifications…
- § 13596 Upon at least 24 hours’ written notice from the owner, manager, or operator of the container, receptacle, pump, or storage tank which has been sealed, to the…
- § 13597 If for any reason at the time specified in the written notice the contents are not removed, or the container, receptacle, pump, storage tank, or inlet end of…
- § 13598 Upon removal of the contents or proper labeling as provided in this article, the notice previously posted shall be removed and the container, receptacle, pump,…
- § 13599 No container, receptacle, pump, or storage tank connected thereto, or the inlet end of the fill-pipe of such storage tank, shall, however, be relabeled by the…
- § 13600 It is unlawful for any person, or any member, officer, agent, or employee of a firm, association, or corporation, other than the department or any of the…
ARTICLE 17. Penalties §§ 13610–13611 · 2 sections
- § 13610 Each person is guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the…
- § 13611 The department or any sealer may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any regulation made…
ARTICLE 18. Disposition and Use of Moneys § 13620 · 1 section
- § 13620 Any moneys in the Department of Food and Agriculture Fund derived under Chapters 14 (commencing with Section 13400) and 15 (commencing with Section 13700) may…
CHAPTER 14.5. Service Stations §§ 13650–13660 · 5 sections
- § 13650 “Service station,” as used in this chapter, means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.
- § 13651 (a) (1) On and after January 1, 2000, every service station in this state shall provide, during operating hours, and make available at no cost to customers who…
- § 13652 (a) Any person who intentionally violates any provision of this chapter or any regulation promulgated pursuant thereto is guilty of an infraction, and, upon…
- § 13653 Notwithstanding any other provision of law, this chapter may be enforced by the city attorney, district attorney, or Attorney General.
- § 13660 (a) Every person, firm, partnership, association, trustee, or corporation that operates a service station shall provide, upon request, refueling service to a…
CHAPTER 15. Automotive Products §§ 13700–13741 · 12 sections
ARTICLE 1. General Provisions §§ 13700–13702 · 3 sections
- § 13700 For purposes of this chapter, the following terms mean the following: (a) “Automotive product” means engine coolant or antifreeze, prediluted engine coolant or…
- § 13701 Any material offered for sale or sold as an additive to automatic transmission fluids shall be compatible with the automatic transmission fluid to which it is…
- § 13702 Any words and letters required to be displayed on a container by this chapter shall be in legible type.
ARTICLE 2. Specifications and Labeling §§ 13710–13713 · 4 sections
- § 13710 (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the…
- § 13711 (a) An engine coolant or antifreeze is mislabeled if any of the following occurs: (1) The container does not bear a label on which is printed the brand name,…
- § 13712 A brake fluid receptacle or dispensing device, including “bleeders,” pressurized containers, or any container used to fill a brake system or to expel air from…
- § 13713 Any product referred to in this chapter is adulterated if its characteristics fall below the specifications for that product established by the department as…
ARTICLE 3. Container Requirements § 13720 · 1 section
- § 13720 Each brake fluid container with a capacity of six fluid ounces or more shall be provided with a resealable closure that has an inner seal impervious to the…
ARTICLE 4. Enforcement of the Chapter §§ 13730–13731 · 2 sections
- § 13730 The department and each county sealer shall enforce the provisions of this chapter, and may sample, inspect, analyze, and test any product referred to in this…
- § 13731 The department and each county sealer is authorized to order off-sale any product referred to in this chapter which is adulterated or mislabeled. The off-sale…
ARTICLE 5. Unlawful Acts §§ 13740–13741 · 2 sections
CHAPTER 16. Rental Vehicles § 13800 · 1 section
- § 13800 (a) Notwithstanding any other provision of this division, a rental vehicle’s fuel gauge installed by the vehicle’s manufacturer may be used in a rental…