Section 12001.

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.

12002. “Department” means the Department of Food and Agriculture. (Amended by Stats. 1989, Ch. 246, Sec. 1.)

Section 12003.

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.

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. 43.)

Section 12005.

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 Standards and Technology. (Added by Stats. 1989, Ch. 1047, Sec. 1.)

Section 12006.

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. (Amended by Stats. 1963, Ch. 254.)

Section 12008.

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.

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 forms. (Amended by Stats. 1995, Ch. 156, Sec. 1. Effective January 1, 1996.)

Section 12009.5.

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 Stats. 1979, Ch. 527.)

Section 12010.

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.

12011. “Person” includes person, firm, corporation or association. (Added by Stats. 1939, Ch. 43.)

Section 12011.5.

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 standards in the possession of the department or to true and accurate copies derived therefrom. (Added by Stats. 1939, Ch. 992.)

Section 12011.6.

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 commodity is wrapped or put for sale. (Added by Stats. 1949, Ch. 1384.)

Section 12011.7.

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.

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 Stats. 2012, Ch. 661, Sec. 18. (SB 1576) Effective January 1, 2013.)

Section 12012.1.

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 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 […]

Section 12013.

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 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 […]

Section 12014.

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 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 […]

Section 12015.

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. (Added by Stats. 1939, Ch. 43.)

Section 12015.3.

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, 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 […]