Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 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 amended, 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 begin insert actual end insert costs of carrying out these provisions, this bill would authorize a begin insert county end insert board of supervisors begin delete of a county end delete to charge an annual registration fee, not to exceed begin delete 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 end delete begin insert $640 end insert . 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 begin delete . The bill would require an ordinance imposing a registration fee end delete begin insert and end insert 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:

SECTION 1.  

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

12211.5.  

(a)  begin delete In order to recover the costs of carrying out
Section 12211, the end delete begin insert The end insert county board of supervisors, by ordinance,
may charge an annual registration fee, not to exceed begin delete 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. end delete begin insert six hundred forty dollars ($640), in order to recover the
county’s actual costs of carrying out Section 12211. end insert

(b) Any registration fee adopted pursuant to subdivision (a)
shall be charged to 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.

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

(d) Any ordinance imposing a registration fee pursuant to
subdivision (a) shall 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.