California Legislature—2013–14 Regular Session

Assembly BillNo. 2589


Introduced by Assembly Member Bloom

February 21, 2014


An act to add Section 12211.5 to the Business and Professions Code, relating to weights and measures.

LEGISLATIVE COUNSEL’S DIGEST

AB 2589, as introduced, Bloom. Weights and measures: county sealers: county ordinance: annual registration fee.

Existing law governing weights and measures provides that there is in each county the office of county sealer, as defined, of weights and measures to administer those provisions, as specified. Existing law requires a county sealer to weigh and measure packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and whether they are being sold in accordance with law.

In order to recover the costs of carrying out these provisions, this bill would authorize a board of supervisors of a county to charge an annual registration fee, not to exceed the county’s total cost of actually weighing and measuring packages, containers, or amounts of commodities sold, or in the process of delivery, in order to determine whether they contain the quantity or amount represented and whether they are being sold in accordance with law. The bill would require any adopted registration fee to be imposed on a business location operating in the county that packs, imports, warehouses, or distributes more than 10,000 packages or containers per year that intends to sell or distribute for sale those packages or containers. The bill would require an ordinance imposing a registration fee to exempt any person or entity operating a business location at which both retail sales and commodity packing operations are conducted if the retail sales activities constitute the significant majority of its business operations.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12211.5 is added to the Business and
2Professions Code
, to read:

3

12211.5.  

(a) In order to recover the costs of carrying out
4Section 12211, the county board of supervisors, by ordinance, may
5charge an annual registration fee, not to exceed the county’s total
6cost of actually weighing and measuring packages, containers, or
7amounts of commodities sold, or in the process of delivery, in
8order to determine whether they contain the quantity or amount
9represented and whether they are being sold in accordance with
10law.

11(b) Any registration fee adopted pursuant to subdivision (a)
12shall be charged to a business location operating in the county that
13packs, imports, warehouses, or distributes more than 10,000
14packages or containers per year that intends to sell or distribute
15for sale those packages or containers.

16(c) For purposes of this section, “business location” is defined
17as a business location that packs, imports, warehouses, or
18distributes one or more types of packaged goods or commodities.

19(d) Any ordinance imposing a registration fee pursuant to
20subdivision (a) shall exempt any person or entity operating a
21business location at which both retail sales and commodity packing
22operations are conducted if the retail sales activities constitute the
23significant majority of its business operations.



O

    99