Added by Stats. 1939, Ch. 43.
The definitions in this chapter apply to this division only and do not affect the provisions of any other division.
Chapter 1 - General Provisions
California Business and Professions Code — §§ 12001-12027
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Sections (49)
Amended by Stats. 1989, Ch. 246, Sec. 1.
“Department” means the Department of Food and Agriculture.
Amended by Stats. 2017, Ch. 573, Sec. 44. (SB 800) Effective January 1, 2018.
“Secretary” means the Secretary of Food and Agriculture.
Added by Stats. 1939, Ch. 43.
“State Sealer” means the chief of the division of the department charged with the enforcement of the provisions of this division.
Added by Stats. 1989, Ch. 1047, Sec. 1.
Whenever any provision of this division makes reference to the National Bureau of Standards, that reference shall be construed to include the National Institute of Standards and Technology.
Amended by Stats. 1963, Ch. 254.
“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.
Amended by Stats. 1967, Ch. 286.
“Sealer,” when used without qualification, includes the State Sealer, county sealers and their deputies and inspectors.
Amended by Stats. 1995, Ch. 156, Sec. 1. Effective January 1, 1996.
“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 forms.
Added by Stats. 1979, Ch. 527.
“Distribute,” in any of its variant forms, includes keep for distribution, offer for distribution, or expose for distribution, in any of their variant forms.
Added by Stats. 1939, Ch. 43.
“Use,” in any of its variant forms includes keep for use in any of its variant forms.
Added by Stats. 1939, Ch. 43.
“Person” includes person, firm, corporation or association.
Added by Stats. 1939, Ch. 992.
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 standards in the possession of the department or to true and accurate copies derived therefrom.
Added by Stats. 1949, Ch. 1384.
“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 commodity is wrapped or put for sale.
Added by Stats. 1961, Ch. 344.
“Pallet” means any portable platform upon which containers or material is placed to facilitate handling.
Amended by Stats. 2012, Ch. 661, Sec. 18. (SB 1576) Effective January 1, 2013.
The secretary may exercise any power conferred upon the department or upon the State Sealer by this division through the State Sealer or otherwise.
Amended by Stats. 2012, Ch. 661, Sec. 19. (SB 1576) Effective January 1, 2013.
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 pursuant thereto, in the superior court in the county in which the violation occurs or is about to occur. There may be joined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residence,
or place of business, may be in several counties and the violations separate and distinct. Any proceeding that is brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. The county sealer of any county acting through the district attorney or county counsel of that county may bring an action to enjoin the violation in the county or the threatened violation in the county of any provision of this division or of any regulation adopted pursuant thereto in the same manner as may the secretary, and if the secretary joins as a party plaintiff, those actions shall not be limited to violations occurring within the county.
Amended by Stats. 1979, Ch. 527.
(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 that the person to be arrested has, in his presence, violated any provision of this division, the violation of which is declared to be a public offense.
In any case in which an arrest is made pursuant to this authority for an offense declared to be a misdemeanor or an infraction, the arresting officer may, instead of taking the person arrested before a magistrate, follow the procedure prescribed by Chapter 5C (commencing with Section 853.5) of Title 3 of
Part 2 of the Penal Code, unless the arrested person demands to be taken before a magistrate. The provisions of such chapter shall thereafter apply with respect to any proceeding based upon the issuance of a citation pursuant to this authority.
This subdivision shall not be interpreted to prevent further restriction by the board of supervisors of a county of the authority of a county sealer or his deputies to make arrests.
(b)There shall be no civil liability on the part of, and no cause of action shall arise against, any person, acting pursuant to subdivision (a) and within the scope of his authority, for false arrest or false imprisonment arising out of any arrest which is lawful or which the arresting officer, at the time of such arrest, had reasonable cause to believe was lawful. No such officer shall be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect
the arrest or to prevent escape or to overcome resistance.
(c)Any sealer may serve all processes and notices throughout the state; provided, that county sealers and their deputies are authorized to serve processes and notices only within the boundaries of the county which employs them.
Amended by Stats. 2017, Ch. 573, Sec. 45. (SB 800) Effective January 1, 2018.
(a)Except as provided in subdivision (b), any sealer who seals any weight, measure, balance or weighing or measuring instrument or apparatus before first testing and making it conform with the standards of the state, or who condemns any weight, measure, balance or weighing or measuring instrument or apparatus without first testing it is guilty of a misdemeanor.
(b)A sealer may engage in a planned program of probability sampling of devices, using methods approved by the secretary. The sealing of a device by a sealer pursuant to such sampling and testing program is exempt from the provisions of subdivision (a).
Added by Stats. 1939, Ch. 43.
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.
Amended by Stats. 2005, Ch. 529, Sec. 1. Effective January 1, 2006.
(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, of not more than one thousand dollars ($1,000) for each violation. It is a complete defense to a criminal prosecution for a violation of any provision of this division or a regulation adopted pursuant to any provision of this division that the defendant has been assessed and has paid a civil penalty under this section for the same act or acts constituting the violation. Any civil
penalty under this section shall be cumulative to civil remedies or penalties imposed under any other law.
(b)Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing. The request shall be made within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. At the hearing, the person shall be given an opportunity to review the sealer’s evidence and to present evidence on his or her own behalf. If a hearing
is not timely requested, the sealer may take the action proposed without a hearing.
(c)If the person upon whom the sealer levied a civil penalty requested and appeared at a hearing, the person may appeal the sealer’s decision to the secretary within 30 days of the date of receiving a copy of the sealer’s decision. The following procedures apply to the appeal:
(1)The appeal shall be in writing and signed by the appellant or his or her authorized agent, state the grounds for the appeal, and include a copy of the sealer’s decision. The appellant shall file a copy of the appeal with the sealer at the same time it is filed with the secretary.
(2)The appellant and the sealer may, at the time of filing the appeal or within 10 days thereafter or at a later time prescribed by the secretary, present the record of the
hearing including written evidence that was submitted at the hearing and a written argument to the secretary stating grounds for affirming, modifying, or reversing the sealer’s decision.
(3)The secretary may grant oral arguments upon application made at the time written arguments are filed.
(4)If an application to present an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days before the date set therefor. The times may be altered by mutual agreement of the appellant, the sealer, and the secretary.
(5)The secretary shall decide the appeal on the record of the hearing, including the written evidence and the written argument described in paragraph (2), that he or she has received. If the secretary finds substantial evidence in the record to support the
sealer’s decision, the secretary shall affirm the decision.
(6)The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments or as soon thereafter as practicable.
(7)On an appeal pursuant to this section, the secretary may affirm the sealer’s decision, modify the sealer’s decision by reducing or increasing the amount of the penalty levied so that it is within the secretary’s guidelines for imposing civil penalties, or reverse the sealer’s decision. Any civil penalty increased by the secretary shall not be higher than that proposed in the sealer’s notice of proposed action given pursuant to subdivision (b). A copy of the secretary’s decision shall be delivered or mailed to the appellant and the sealer.
(8)Any person who does not request a hearing
pursuant to subdivision (b) may not file an appeal pursuant to this subdivision.
(9)Review of a decision of the secretary may be sought by the appellant within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.
(d)After the exhaustion of the appeal and review procedures provided in this section, the sealer, or his or her representative, may file a certified copy of a final decision of the sealer that directs the payment of a civil penalty and, if applicable, a copy of any decision of the secretary or his or her authorized representative rendered on an appeal from the sealer’s decision and a copy of any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. No fees shall be charged
by the clerk of the superior court for the performance of any official service required in connection with the entry of judgment pursuant to this section.
(e)If the civil penalty is levied by the State Sealer, the revenues derived therefrom shall be deposited in the Department of Food and Agriculture Fund and, upon appropriation, shall be used by the State Sealer to carry out his or her responsibilities under this division. If the civil penalty is levied by the county sealer, the revenues shall be deposited in the general fund of the county and, upon appropriation by the board of supervisors, shall be used by the county sealer to carry out his or her responsibilities under this division.
(f)This section does not apply to violations involving utility meters, or to violations involving the testing and inspection of utility meters, in mobilehome parks, recreational vehicle parks,
or apartment complexes, where the owner of the park or complex owns and is responsible for the utility meters.
(g)Upon the written request of the Attorney General of California, any district attorney, or any city prosecutor or city attorney described in subdivision (a) of Section 17206, the State Sealer or the county sealer within their respective jurisdictions, shall provide all reports and records regarding any actions that occurred within the four months prior to the date of the written request in which civil penalties were levied pursuant to this section or liability for costs incurred are determined pursuant to Section 12015.5.
(h)No investigative costs shall be imposed pursuant to Section 12015.5 for violations for which civil penalties are imposed pursuant to this section.
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