BILL ANALYSIS �
AB 1181
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 1181 (Butler) - As Introduced: February 18, 2011
SUBJECT : Weights and measures.
SUMMARY : Provides that it is 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. Specifically, this bill :
1)Provides that it is 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.
2)Prohibits the purchase of a 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 posted for the commodity.
3)Makes technical, clarifying changes.
EXISTING LAW :
1)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.
2)Provides that 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.
AB 1181
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FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Currently, there is no requirement that a recycling center
provide a customer receipt on a recycling transaction.
Consequently, a customer may be paid less than they are entitled
without them being aware. This amendment removes the need to
establish "intent" to deceive or mislead and makes any false or
misleading statements about the sale or purchase of a product
which changes this to a strict liability violation. The
advertiser of a commodity or service is legally responsible for
offering the product or service at the applicable price that is
advertised.
"Also, if the weight is correct but the refund is less than the
posted price should compute, we have no clear violation. The
proposal will ensure that consumers are paid the correct refund
for the deposit they paid on a beverage container and return it
whether it is the weight or the price computed that is
incorrect."
Background . In California, Agricultural Commissioners and
Sealers of Weights and Measures are appointed in each of
California's 58 counties by respective County Board of
Supervisors. County Agricultural Commissioners and Sealers work
cooperatively with the California Department of Food and
Agriculture, California Environmental Protection Agency and the
Department of Pesticide Regulation to provide protections to
consumers, the environment, the agricultural industry, and to
the marketplace.
The California Business and Professions Code (B&P Code)
establishes a County Sealer of Weights and Measures in each
county. Historically, it has been the primary objective of
weights and measures officials to ensure that "equity prevails"
in the marketplace. To achieve that objective each county,
under the general direction and oversight of the Secretary of
Agriculture, enforces the laws and regulations of the B&P Code
and the California Code of Regulations (CCR). These enforcement
programs protect and promote the local economy and commerce of
each county.
Support . The California Agricultural Commissioners and Sealers
AB 1181
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Association, the sponsor of this bill, writes in support,
"County weights and measures officials serve all consumers as
the local regulatory agency authorized to enforce the B&P Code
and CCR pertaining to issues of 'Equity in the Marketplace.'
This enforcement efficiently and effectively protects local
commerce, thus encouraging stability in the state's economy.
Sealers annually perform thousands of inspections on various
commercial devices, check packages for net content, review
weighmaster records for accuracy, provide training and education
to businesses and individuals.
"AB 1181 was introduced in response to the discovery of
underpayments occurring during transactions between consumers
and recycling centers. Currently, there is no requirement that
a recycling center provide a customer receipt on recycling
transactions. Consequently, a customer may be paid less than
they are entitled without them being aware. However, AB 1181
removes the need to establish 'intent' to deceive or mislead and
makes any false or misleading statements about the sale or
purchase of any product which changes these transactions to a
strict liability standard and violation. The advertiser of a
commodity or service is legally responsible for offering the
product or service at the applicable price that is advertised.
"Additionally, if the weight of the commodity is deemed correct
but the refund is less than the posted price should compute, the
County Sealer is challenged to identify a clear violation under
the current code. The proposal will also ensure that consumers
are paid the correct refund that is being advertised by the
retailer."
REGISTERED SUPPORT / OPPOSITION :
Support
California Agricultural Commissioners & Sealers Association
Opposition
None on file.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
AB 1181
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