SB 1328

Bill Subjects

Abstract

(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 items displayed or computed by the system 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. This bill would, until January 1, 2018, provide that a grocery store may be issued a written violation but shall not be fined or assessed any other penalty for the first item found to be 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.