California Business and Professions Code CHAPTER 1 - General Provisions

• Section 12001.
  The definitions in this chapter apply to this division only and do not affect the provisions of any other division.(Added by Stats. 1939, Ch. 43.)
• Section 12002.
  “Department” means the Department of Food and Agriculture.(Amended by Stats. 1989, Ch. 246, Sec. 1.)
• Section 12003.
  “Secretary” means the Secretary of Food and Agriculture.(Amended by Stats. 2017, Ch. 573, Sec. 44. (SB 800) Effective January 1, 2018.)
• Section 12004.
  “State Sealer” means the chief of the division of the department charged with the enforcement of the provisions of this division.(Added by Stats. 1939, Ch.
• Section 12005.
  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...
• Section 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...
• Section 12008.
  “Sealer,” when used without qualification, includes the State Sealer, county sealers and their deputies and inspectors.(Amended by Stats. 1967, Ch. 286.)
• Section 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...
• Section 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.(Added by...
• Section 12010.
  “Use,” in any of its variant forms includes keep for use in any of its variant forms.(Added by Stats. 1939, Ch. 43.)
• Section 12011.
  “Person” includes person, firm, corporation or association.(Added by Stats. 1939, Ch. 43.)
• Section 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...
• Section 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...
• Section 12011.7.
  “Pallet” means any portable platform upon which containers or material is placed to facilitate handling.(Added by Stats. 1961, Ch. 344.)
• Section 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.(Amended by...
• Section 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...
• Section 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...
• Section 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 testing and...
• Section 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...
• Section 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...
• Section 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...
• Section 12016.
  Any person who hinders or obstructs in any way any sealer, in the performance of his official duties, is guilty of a misdemeanor.(Amended by Stats....
• Section 12017.
  All officers, directors and managers of corporations, whose respective corporations use or sell any weights, measures, or weighing or measuring instruments which are subject to...
• Section 12018.
  Any person neglecting or refusing to exhibit any weight, measure, weighing or measuring instrument, or appliances and accessories connected therewith in his possession or under...
• Section 12019.
  A false weight or measure is one which does not conform to the standard established or recognized by this division.(Added by Stats. 1939, Ch. 43.)
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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,...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 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...
• Section 12024.8.
  The provisions of Section 12024.5 shall not apply to fish not used for human consumption.(Added by Stats. 1968, Ch. 141.)
• Section 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...
• Section 12024.10.a.
  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...
• Section 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 of...
• Section 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...
• Section 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...
• Section 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...
• Section 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 any person...
• Section 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 available...
• Section 12027.
  The secretary may make rules and regulations as are reasonably necessary for the purpose of carrying out the provisions of this division.(Amended by Stats. 2012,...

Last modified: October 22, 2018