SB 1328, as amended, Hill. Weights and measures.
(1) Under existing law, the Department of Food and Agriculture has general supervision of weights and measures and weighing and measuring devices sold or used in the state, and provides that the duty of enforcing and carrying out those provisions is vested with the Secretary of Food and Agriculture and in each sealer acting under the supervision and direction of the secretary. Existing law makes it unlawful for any person to sell poultry or smoked, fresh, frozen, cooked, dried, or pickled meats or fish other than by weight determined at the time of sale on a scale properly sealed in accordance with specified requirements, except as specified. Existing law specifies that fat added to fresh meat or roasts shall not be considered tare weight if the package is labeled as containing added fat. A violation of the provisions, or any regulations adopted pursuant to those provisions, regulating weights and measurements is a crime.
This bill would authorize the secretary, by regulation, to establish a uniform policy consistent with federal law relating to the use of dry tare weight or wet tare weight methods of measurement for the retail sale of meat, poultry, and fish products. Because a violation of a regulation adopted pursuant to those provisions would be a crime, the bill would impose a state-mandated local program.
(2) Existing law provides the criteria and methodology, as specified, by which local officials are to measure and verify the accuracy of a point-of-sale system used by retail establishments during an initial standard inspection as a means for determining the price of an item being purchased by a consumer. During an initial standard inspection, existing law specifies that only itemsbegin insert displayed orend insert computedbegin insert by the systemend insert at a higher price than the lowest advertised, posted, marked, displayed, or quoted price shall be considered not in compliance. Existing law authorizes enforcement action to be taken for any item not in compliance.
The
end delete
begin insertThisend insert billbegin delete would
prohibitend deletebegin insert would, until January 1, 2018, provide thatend insert a grocery storebegin delete from beingend deletebegin insert may be issued a written violation but shall not beend insert fined or assessed any other penalty for the first itembegin insert found to beend insert not in compliance during an initial standard inspection if the grocery store meets specified requirements.
(3) Existing law authorizes a city or county to license any kind of business, unless prohibited by law, and authorizes the city or county to levy license fees.
This bill would authorize the secretary, by regulation, to impose an additional assessment of up to $2 for the license of a business that uses a point-of-sale system, to be deposited in the Department of Food and Agriculture Fund, which would be available to the secretary, upon appropriation by the Legislature, for purposes of carrying out the provisions regulating the use of point-of-sale systems.
(4) 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 12022.7 is added to the Business and
2Professions Code, to read:
The secretary may adopt regulations consistent with
2federal law to establish a uniform policy relating to the use of dry
3tare weight or wet tare weight methods of measurement for the
4retail sale of meat, poultry, and fish products.
Section 13304 is added to the Business and Professions
6Code, to read:
The secretary may adopt regulations to impose an
8additional assessment of up to two dollars ($2), not to exceed the
9amount necessary to carry out the provisions of this chapter, to
10obtain a business license for a business that uses a point-of-sale
11system. The additional assessment shall be deposited in the
12Department of Food and Agriculture Fund and shall be available
13to the secretary, upon appropriation by the Legislature, for purposes
14of carrying out the provisions of this chapter.
Section 13350 of the Business and Professions Code
16 is amended to read:
(a) The board of supervisors of any county or city and
18county that has adopted or that adopts an ordinance for purposes
19of determining the pricing accuracy of a retail establishment using
20a point-of-sale (POS) system shall base the initial standard
21inspection of the POS system on the following criteria:
22(1) The initial standard inspection shall be performed by
23collecting a random sample of items that shall include a maximum
24of 50 percent sale items from either:
25(A) One department of a retail store.
26(B) Multiple areas of a retail store.
27(C) The entire store.
28(2) The initial standard inspection shall be performed by testing
29a minimum random sample of 10 items for a retail establishment
30with three or fewer POS checkout registers.
31(3) The initial standard inspection shall be performed by testing
32a minimum random sample of 25 items for a retail establishment
33with four to nine POS checkout registers.
34(4) The initial standard inspection shall be performed by testing
35a minimum random sample of 50 items for retail establishments
36with 10 or more POS checkout registers.
37(5) The sealer shall verify that the lowest advertised, posted,
38marked,
displayed, or quoted price is the same as the price
39displayed or computed by the point-of-sale equipment or printed
40receipt. Only items computed at a higher price than the lowest
P4 1advertised, posted, marked, displayed, or quoted price shall be
2considered not in compliance.
3(6) The minimum random sample size shall not apply to
4inspections of any establishment at which fewer items than the
5number specified as the minimum sample size are marked or
6displayed with a posted or advertised item price.
7(7) The maximum percentage of sale item restriction in
8paragraph (1) shall not apply to inspections of any establishment
9at which a marketing or promotional practice does not enable the
10sampling of the minimum required percentage of nonsale items,
11such as “Everything In Store 50 percent Off”
or the like.
12(8) The compliance rate percentage of a retail establishment
13shall be determined by dividing the number of items in compliance
14by the sample size multiplied by 100.
15(b) Enforcement action may be taken for any item not in
16compliance.
17(c) The sealer may reinspect any retail facility that has a
18compliance rate of less than 98 percent.
19(d) (1) Notwithstanding any other law, a grocery store that
20meets the requirements of paragraph (2)begin insert may be issued a written
21violation butend insert shall not be fined or assessed any other penalty for
22
the first itembegin insert found to beend insert not in compliance during an initial
23standard inspection.
24(2) (A) The grocery store has a policy to refund the amount of
25the product, or to provide the product free of charge, if the amount
26begin delete chargedend deletebegin insert displayed or computed by the POS checkout registerend insert for
27the item is greater than the price advertised, posted, marked,
28displayed, or quoted.
29(B) The grocery store posts a description of the policy in a clear
30and conspicuous manner at eachbegin insert
POSend insert checkoutbegin delete location.end deletebegin insert register.end insert
31(C) The entire store.
end delete
32(3) For purposes of this subdivision, “grocery store” means a
33full-line, self-service retail store with gross annual sales of two
34million dollars ($2,000,000) or more, and that sells a line of dry
35groceries, canned goods, or nonfood items, and some perishable
36items.
37(e) The board of supervisors, by
ordinance, may charge a
38point-of-sale system inspection fee or an annual registration fee,
39not to exceed the county’s total cost of inspecting or testing the
P5 1accuracy of prices accessed or generated by the system pursuant
2to this section.
3(f) The board of supervisors, by ordinance, may charge a
4reinspection fee for reinspections of a retail establishment that fails
5the prior inspection, not to exceed the county’s total cost of
6reinspecting or testing the accuracy of prices accessed or generated
7by the system pursuant to this section.
8(g) This section shall remain in effect only until January 1, 2018,
9and as of that date is repealed, unless a later enacted statute, that
10is enacted before January 1, 2018, deletes or
extends that date.
begin insertSection 13350 is added to the end insertbegin insertBusiness and Professions
12Codeend insertbegin insert, to read:end insert
(a) The board of supervisors of any county or city and
14county that has adopted or that adopts an ordinance for purposes
15of determining the pricing accuracy of a retail establishment using
16a point-of-sale (POS) system shall base the initial standard
17inspection of the POS system on the following criteria:
18(1) The initial standard inspection shall be performed by
19collecting a random sample of items that shall include a maximum
20of 50 percent sale items from either:
21(A) One department of a retail store.
22(B) Multiple areas of a retail store.
23(C) The entire store.
24(2) The initial standard inspection shall be performed by testing
25a minimum random sample of 10 items for a retail establishment
26with three or fewer POS checkout registers.
27(3) The initial standard inspection shall be performed by testing
28a minimum random sample of 25 items for a retail establishment
29with four to nine POS checkout registers.
30(4) The initial standard inspection shall
be performed by testing
31a minimum random sample of 50 items for retail establishments
32with 10 or more POS checkout registers.
33(5) The sealer shall verify that the lowest advertised, posted,
34marked, displayed, or quoted price is the same as the price
35displayed or computed by the point-of-sale equipment or printed
36receipt. Only items computed at a higher price than the lowest
37advertised, posted, marked, displayed, or quoted price shall be
38considered not in compliance.
39(6) The minimum random sample size shall not apply to
40inspections of any establishment at which fewer items than the
P6 1number specified as the minimum sample size are marked or
2displayed with a posted or advertised item price.
3(7) The maximum percentage of sale item restriction in
4paragraph (1) shall not apply to inspections of any establishment
5at which a marketing or promotional practice does not enable the
6sampling of the minimum required percentage of nonsale items,
7such as “Everything In Store 50 percent Off” or the like.
8(8) The compliance rate percentage of a retail establishment
9shall be determined by dividing the number of items in compliance
10by the sample size multiplied by 100.
11(b) Enforcement action may be taken for any item not in
12compliance.
13(c) The sealer may reinspect any
retail facility that has a
14compliance rate of less than 98 percent.
15(d) The board of supervisors, by ordinance, may charge a
16point-of-sale system inspection fee or an annual registration fee,
17not to exceed the county’s total cost of inspecting or testing the
18accuracy of prices accessed or generated by the system pursuant
19to this section.
20(e) The board of supervisors, by ordinance, may charge a
21reinspection fee for reinspections of a retail establishment that
22fails the prior inspection, not to exceed the county’s total cost of
23reinspecting or testing the accuracy of prices accessed or
24generated by the system pursuant to this section.
25(f) This section shall become operative on January 1, 2018.
No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35Constitution.
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