Bill Text: CA SB1328 | 2013-2014 | Regular Session | Amended
Bill Title: Weights and measures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - Held in committee and under submission. [SB1328 Detail]
Download: California-2013-SB1328-Amended.html
BILL NUMBER: SB 1328 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 5, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Hill
FEBRUARY 21, 2014
An act to amend amend, repeal, and add
Section 13350 of, and to add Sections 12022.7 and 13304 to, the
Business and Professions Code, relating to weights and measures.
LEGISLATIVE COUNSEL'S DIGEST
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 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.
The
This bill would prohibit would,
until January 1, 2018, provide that a grocery store
from being 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12022.7 is added to the Business and
Professions Code, to read:
12022.7. The secretary may adopt regulations consistent with
federal law to establish a uniform policy 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.
SEC. 2. Section 13304 is added to the Business and Professions
Code, to read:
13304. The secretary may adopt regulations to impose an
additional assessment of up to two dollars ($2), not to exceed the
amount necessary to carry out the provisions of this chapter, to
obtain a business license for a business that uses a point-of-sale
system. The additional assessment shall be deposited in the
Department of Food and Agriculture Fund and shall be available to the
secretary, upon appropriation by the Legislature, for purposes of
carrying out the provisions of this chapter.
SEC. 3. Section 13350 of the Business and Professions Code is
amended to read:
13350. (a) The board of supervisors of any county or city and
county that has adopted or that adopts an ordinance for purposes of
determining the pricing accuracy of a retail establishment using a
point-of-sale (POS) system shall base the initial standard inspection
of the POS system on the following criteria:
(1) The initial standard inspection shall be performed by
collecting a random sample of items that shall include a maximum of
50 percent sale items from either:
(A) One department of a retail store.
(B) Multiple areas of a retail store.
(C) The entire store.
(2) The initial standard inspection shall be performed by testing
a minimum random sample of 10 items for a retail establishment with
three or fewer POS checkout registers.
(3) The initial standard inspection shall be performed by testing
a minimum random sample of 25 items for a retail establishment with
four to nine POS checkout registers.
(4) The initial standard inspection shall be performed by testing
a minimum random sample of 50 items for retail establishments with 10
or more POS checkout registers.
(5) The sealer shall verify that the lowest advertised, posted,
marked, displayed, or quoted price is the same as the price displayed
or computed by the point-of-sale equipment or printed receipt. Only
items computed at a higher price than the lowest advertised, posted,
marked, displayed, or quoted price shall be considered not in
compliance.
(6) The minimum random sample size shall not apply to inspections
of any establishment at which fewer items than the number specified
as the minimum sample size are marked or displayed with a posted or
advertised item price.
(7) The maximum percentage of sale item restriction in paragraph
(1) shall not apply to inspections of any establishment at which a
marketing or promotional practice does not enable the sampling of the
minimum required percentage of nonsale items, such as "Everything In
Store 50 percent Off" or the like.
(8) The compliance rate percentage of a retail establishment shall
be determined by dividing the number of items in compliance by the
sample size multiplied by 100.
(b) Enforcement action may be taken for any item not in
compliance.
(c) The sealer may reinspect any retail facility that has a
compliance rate of less than 98 percent.
(d) (1) Notwithstanding any other law, a grocery store that meets
the requirements of paragraph (2) 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.
(2) (A) The grocery store has a policy to refund the amount of the
product, or to provide the product free of charge, if the amount
charged displayed or computed by the POS
checkout register for the item is greater than the price
advertised, posted, marked, displayed, or quoted.
(B) The grocery store posts a description of the policy in a clear
and conspicuous manner at each POS checkout
location. register.
(C) The entire store.
(3) For purposes of this subdivision, "grocery store" means a
full-line, self-service retail store with gross annual sales of two
million dollars ($2,000,000) or more, and that sells a line of dry
groceries, canned goods, or nonfood items, and some perishable items.
(e) The board of supervisors, by ordinance, may charge a
point-of-sale system inspection fee or an annual registration fee,
not to exceed the county's total cost of inspecting or testing the
accuracy of prices accessed or generated by the system pursuant to
this section.
(f) The board of supervisors, by ordinance, may charge a
reinspection fee for reinspections of a retail establishment that
fails the prior inspection, not to exceed the county's total cost of
reinspecting or testing the accuracy of prices accessed or generated
by the system pursuant to this section.
(g) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 4. Section 13350 is added to the
Business and Professions Code , to read:
13350. (a) The board of supervisors of any county or city and
county that has adopted or that adopts an ordinance for purposes of
determining the pricing accuracy of a retail establishment using a
point-of-sale (POS) system shall base the initial standard inspection
of the POS system on the following criteria:
(1) The initial standard inspection shall be performed by
collecting a random sample of items that shall include a maximum of
50 percent sale items from either:
(A) One department of a retail store.
(B) Multiple areas of a retail store.
(C) The entire store.
(2) The initial standard inspection shall be performed by testing
a minimum random sample of 10 items for a retail establishment with
three or fewer POS checkout registers.
(3) The initial standard inspection shall be performed by testing
a minimum random sample of 25 items for a retail establishment with
four to nine POS checkout registers.
(4) The initial standard inspection shall be performed by testing
a minimum random sample of 50 items for retail establishments with 10
or more POS checkout registers.
(5) The sealer shall verify that the lowest advertised, posted,
marked, displayed, or quoted price is the same as the price displayed
or computed by the point-of-sale equipment or printed receipt. Only
items computed at a higher price than the lowest advertised, posted,
marked, displayed, or quoted price shall be considered not in
compliance.
(6) The minimum random sample size shall not apply to inspections
of any establishment at which fewer items than the number specified
as the minimum sample size are marked or displayed with a posted or
advertised item price.
(7) The maximum percentage of sale item restriction in paragraph
(1) shall not apply to inspections of any establishment at which a
marketing or promotional practice does not enable the sampling of the
minimum required percentage of nonsale items, such as "Everything In
Store 50 percent Off" or the like.
(8) The compliance rate percentage of a retail establishment shall
be determined by dividing the number of items in compliance by the
sample size multiplied by 100.
(b) Enforcement action may be taken for any item not in
compliance.
(c) The sealer may reinspect any retail facility that has a
compliance rate of less than 98 percent.
(d) The board of supervisors, by ordinance, may charge a
point-of-sale system inspection fee or an annual registration fee,
not to exceed the county's total cost of inspecting or testing the
accuracy of prices accessed or generated by the system pursuant to
this section.
(e) The board of supervisors, by ordinance, may charge a
reinspection fee for reinspections of a retail establishment that
fails the prior inspection, not to exceed the county's total cost of
reinspecting or testing the accuracy of prices accessed or generated
by the system pursuant to this section.
(f) This section shall become operative on January 1, 2018.
SEC. 4. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
