BILL NUMBER: AB 1181 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Butler
FEBRUARY 18, 2011
An act to amend Sections 12024.6, 12210.5, 12509, 12511.1, and
12512 of the Business and Professions Code, relating to weights and
measures.
LEGISLATIVE COUNSEL'S DIGEST
AB 1181, as introduced, Butler. Weights and measures.
Existing law makes it a crime for a person, firm, corporation, or
association to advertise, solicit, or represent by any means a
product for sale or purchase if it is intended to entice a consumer
into a transaction different from that originally represented. 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 the purchaser, the purchaser is prohibited from
buying the commodity according to any quantity which is less than
the true quantity. A violation of these provisions is a misdemeanor.
This bill would instead make it unlawful for any person, firm,
corporation, or association to advertise, publish, post, or make by
any means whatsoever, any deceptive, false, or misleading statement
regarding the quantity, purchase, or selling price, or condition of
sale or purchase of a product that is offered or solicited for sale
or purchase. The bill would also revise the latter provision by
prohibiting the purchaser from buying the commodity according to any
quantity which is less than the true quantity or computing the
purchase price of the commodity according to a unit price that is
less than the highest applicable price posted for the commodity.
Because the bill would change the definition of these crimes, the
bill would impose a state-mandated local program.
Existing law also prohibits a person from engaging in business as
a service agency for the repair of weights and measures, unless that
person registers with the Secretary of Food and Agriculture, as
specified.
This bill would make technical and conforming changes to related
provisions.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12024.6 of the Business and Professions Code is
amended to read:
12024.6. No It is unlawful for any
person, firm, corporation, or association shall
to advertise, solicit, or represent
publish, post, or make by any means whatsoever
, any deceptive, false, or misleading statement regarding the
quantity, purchase, or selling price, or condition of sale or
purchase of a product that is offered or solicited
for sale or purchase if it is intended to entice a consumer
into a transaction different from that originally represented
.
SEC. 2. Section 12210.5 of the Business and Professions Code is
amended to read:
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 such
that device, when such
inspection or testing of the device could legally be performed by a
registered repairman service agency, as
defined in Section 12531 , may, if authorized by the county
board of supervisors, collect from the requesting owner or user
thereof a fee.
Such
(b) That fee shall be based upon
a uniform schedule of fees, which shall be prescribed by the
director secretary for use by the counties. The
director secretary shall prepare the
schedule of fees to be comparable with the rates charged by the
industry's registered repairmen. All fees collected shall be credited
to the general fund of the county in which collected and used only
for the administration and enforcement of laws pertaining to weights
and measures.
SEC. 3. Section 12509 of the Business and Professions Code is
amended to read:
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 remove the
tag or device with the words "out of order," and shall seal and mark
such that weight, measure, or weighing
or measuring instrument in the manner provided for the marking of the
same where, upon inspection, it is found correct.
Upon
(b) Upon completion of corrective
repairs or adjustments, and with the authorization from the sealer,
a repairman registered service agency, as
defined in Section 12531, may remove an "out of
order" tag or device, and the weight, measure, or weighing or
measuring instrument may be placed in service pending reinspection by
the sealer.
SEC. 4. Section 12511.1 of the Business and Professions Code is
amended to read:
12511.1. Notwithstanding any other provisions of this division,
any weight or measure, or weighing or measuring instrument, found
correct or corrected by a repairman
registered service agency, as defined in Section 12531 ,
authorized pursuant to Section 12509, may be used commercially
pending reinspection by a sealer.
SEC. 5. Section 12512 of the Business and Professions Code is
amended to read:
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 him the
purchaser , the purchaser shall in no case buy the commodity
according to any quantity which is less than the true quantity
or compute the purchase price of the commodity according to a unit
price that is less than the highest applicable price posted for the
commodity . Violation of this section is a misdemeanor.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.