BILL NUMBER: AB 1782 CHAPTERED
BILL TEXT
CHAPTER 693
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2012
APPROVED BY GOVERNOR SEPTEMBER 28, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 16, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN SENATE JUNE 4, 2012
INTRODUCED BY Assembly Member Hill
FEBRUARY 21, 2012
An act to amend, repeal, and add Section 12701 of the Business and
Professions Code, relating to weighmasters.
LEGISLATIVE COUNSEL'S DIGEST
AB 1782, Hill. Weighmasters: exemptions.
Existing law defines a weighmaster as any person, who, for hire or
otherwise, weighs, measures, or counts any commodity and issues a
statement or memorandum of the weight, measure, or count which is
used as the basis for either the purchase or sale of that commodity
or charge for service. Existing law requires weighmasters to obtain a
license. Existing law specifies certain persons who weigh and
measure commodities but are not weighmasters, such as retailers
weighing commodities for sale in retail stores in the presence of
consumers, newspaper publishers weighing newspapers for sale to
dealers, and recycling centers weighing salvage materials for
specified purposes.
This bill, until January 1, 2017, would provide that facilities
handling medical waste and that report net weights, and not
estimates, to the generator of the medical waste and to the State
Department of Public Health, are not weighmasters, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12701 of the Business and Professions Code is
amended to read:
12701. The following persons are not weighmasters:
(a) Retailers weighing, measuring, or counting commodities for
sale by them in retail stores in the presence of, and directly to,
consumers.
(b) Except for persons subject to Section 12730, producers of
agricultural commodities or livestock, who weigh commodities produced
or purchased by them or by their producer neighbors, when no charge
is made for the weighing, or when no signed or initialed statement or
memorandum is issued of the weight upon which a purchase or sale of
the commodity is based.
(c) Common carriers issuing bills of lading on which are recorded,
for the purpose of computing transportation charges, the weights of
commodities offered for transportation, including carriers of
household goods when transporting shipments weighing less than 1,000
pounds.
(d) Milk samplers and weighers licensed pursuant to Article 8
(commencing with Section 35161) of Chapter 12 of Part 1 of Division
15 of the Food and Agricultural Code, when performing the duties for
which they are licensed.
(e) Persons who measure the amount of oil, gas, or other fuels for
purposes of royalty computation and payment, or other operations of
fuel and oil companies and their retail outlets.
(f) Newspaper publishers weighing or counting newspapers for sale
to dealers or distributors.
(g) Textile maintenance establishments weighing, counting, or
measuring any articles in connection with the business of those
establishments.
(h) County sanitation districts operating pursuant to Chapter 3
(commencing with Section 4700) of Part 3 of Division 5 of the Health
and Safety Code, garbage and refuse disposal districts operating
pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of
Division 30 of the Public Resources Code, and solid waste facilities,
as defined in Section 40194 of the Public Resources Code.
(i) Facilities that handle medical waste and that report net
weights, and not estimates, to the generator of the medical waste and
the Department of Public Health in accordance with the provisions of
the Medical Waste Management Act (Part 14 (commencing with Section
117600) of Division 104 of the Health and Safety Code).
(j) Persons who purchase scrap metal or salvage materials pursuant
to a nonprofit recycling program, or recycling centers certified
pursuant to Division 12.1 (commencing with Section 14500) of the
Public Resources Code that purchase empty beverage containers from
the public for recycling.
(k) Pest control operators licensed pursuant to Chapter 4
(commencing with Section 11701) of Division 6 of the Food and
Agricultural Code.
(l) Retailers or recycling centers established solely for the
redemption of empty beverage containers, as that phrase is defined in
Section 14512 of the Public Resources Code, who are weighing,
measuring, or counting salvage or returnable materials for purchase
or redemption by them in retail stores, or, in the case of recycling
centers, on the retail store premises or on a parking lot immediately
adjacent to a retail store which is used for the purpose of parking
by the store customers, directly from and in the presence of the
seller. "Retailer" means an entity which derives 90 percent or more
of its income from the sale of small quantities of food or nonfood
items, or both, directly to consumers. "Salvage materials" means used
paper products and used containers made of aluminum, tin, glass, or
plastic.
(m) Any log scaler who performs log scaling functions, except
weighing, as defined in the United States Forest Service Handbook,
Supplement No. 4 of March 1987.
(n) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 12701 is added to the Business and Professions
Code, to read:
12701. The following persons are not weighmasters:
(a) Retailers weighing, measuring, or counting commodities for
sale by them in retail stores in the presence of, and directly to,
consumers.
(b) Except for persons subject to Section 12730, producers of
agricultural commodities or livestock, who weigh commodities produced
or purchased by them or by their producer neighbors, when no charge
is made for the weighing, or when no signed or initialed statement or
memorandum is issued of the weight upon which a purchase or sale of
the commodity is based.
(c) Common carriers issuing bills of lading on which are recorded,
for the purpose of computing transportation charges, the weights of
commodities offered for transportation, including carriers of
household goods when transporting shipments weighing less than 1,000
pounds.
(d) Milk samplers and weighers licensed pursuant to Article 8
(commencing with Section 35161) of Chapter 12 of Part 1 of Division
15 of the Food and Agricultural Code, when performing the duties for
which they are licensed.
(e) Persons who measure the amount of oil, gas, or other fuels for
purposes of royalty computation and payment, or other operations of
fuel and oil companies and their retail outlets.
(f) Newspaper publishers weighing or counting newspapers for sale
to dealers or distributors.
(g) Textile maintenance establishments weighing, counting, or
measuring any articles in connection with the business of those
establishments.
(h) County sanitation districts operating pursuant to Chapter 3
(commencing with Section 4700) of Part 3 of Division 5 of the Health
and Safety Code, garbage and refuse disposal districts operating
pursuant to Chapter 2 (commencing with Section 49100) of Part 8 of
Division 30 of the Public Resources Code, and solid waste facilities,
as defined in Section 40194 of the Public Resources Code.
(i) Persons who purchase scrap metal or salvage materials pursuant
to a nonprofit recycling program, or recycling centers certified
pursuant to Division 12.1 (commencing with Section 14500) of the
Public Resources Code that purchase empty beverage containers from
the public for recycling.
(j) Pest control operators licensed pursuant to Chapter 4
(commencing with Section 11701) of Division 6 of the Food and
Agricultural Code.
(k) Retailers, or recycling centers established solely for the
redemption of empty beverage containers, as that phrase is defined in
Section 14512 of the Public Resources Code, who are weighing,
measuring, or counting salvage or returnable materials for purchase
or redemption by them in retail stores, or, in the case of recycling
centers, on the retail store premises or on a parking lot immediately
adjacent to a retail store which is used for the purpose of parking
by the store customers, directly from and in the presence of the
seller. "Retailer" means an entity which derives 90 percent or more
of its income from the sale of small quantities of food or nonfood
items, or both, directly to consumers. "Salvage materials" means used
paper products and used containers made of aluminum, tin, glass, or
plastic.
( l ) Any log scaler who performs log scaling
functions, except weighing, as defined in the United States Forest
Service Handbook, Supplement No. 4 of March 1987.
(m) This section shall become operative on January 1, 2017.