CHAPTER 1. General Provisions

Chapter 1 added by Stats. 1939, Ch. 43.

§§ 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.