SECTIONS 12300-12314 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 12300-12314

12300. Contracts made within this State for work to be done or for
anything to be sold or delivered by weight or measure shall be
construed according to the common standards, or according to the
weights and measures of the metric system authorized by Congress, as
the contract provides.

12301. No contract or pleading is invalid or subject to objection
because the weights or measures expressed or referred to therein are
weights or measures of the metric system.

12303. The state standards of weights and measures by which all
state and county standards of weights and measures shall be tried,
proved, and sealed include the following standards, provided the
standards have been certified relative to national standards under
the direction of the National Bureau of Standards:
(a) Metrological standards provided by the United States.
(b) Metrological standards procured by the state.
(c) Metrological standards in the possession of county sealers.
(d) Metrological standards in the possession of laboratories
certified to perform measurement services pursuant to Section
12500.7.

12304. The standards of the state shall be kept in a suitable
laboratory location or, if transportable, shall be maintained under
environmental conditions appropriate for maintaining the integrity of
the unit of measure represented by the standard. The standards shall
be directly certified by the National Bureau of Standards or by any
measurement assurance procedures approved by the National Bureau of
Standards.

12305. The standards of the state shall be used to certify similar
standards and any dissimilar standards which are dependent on the
values represented by the state standards. Copies of the standards
which have been compared and certified against the state standards
shall become working standards which shall be used in the
certification, calibration, and sealing of county field standards,
and in the certification, calibration, and sealing of measurement
devices submitted by state and local government agencies or by
industry.

12308. The legislative body of each county shall, upon the
appointment of a sealer provide copies of the State's standards of
weights and measures at county expense. These copies shall be
verified and certified to by the department.

12309. The department shall, at the request of the legislative body
of any county, furnish copies of the standard weights and measures
of the State at the expense of the county requesting them. It shall
upon request of the legislative body of any county or upon the
request of a sealer of any such county test and approve copies of the
State's standards of weights and measures procured by such county to
be used by a county sealer.
Copies furnished under the provisions of this section or copies
tested and approved shall be true and correct; shall be sealed and
certified to; and stamped with the letter "C." Such copies need not
be of the same material or construction as the standards of the State
and such copies may be furnished in any suitable materials or
construction that the county requiring the same may specify, subject
to the approval of the department.

12310. The department, or a laboratory designated by the department
which has been certified pursuant to Section 12500.7, shall certify
the standards of the county sealers as often as may be deemed by the
director to be necessary, based upon a review of statistical data
resulting from previous certifications, but in no event shall the
period of time between certifications exceed 10 years. In the absence
of statistical data, standards shall be certified at least every two
years. Sealers shall, upon the request of the department, deliver
for testing those standards in their possession which are used in the
discharge of their duties. Direct expenses incurred in the
certification process shall be borne by the state, while any
incidental expense, such as the cost of transportation, shall be
borne by the county whose standards have been certified.

12310.5. The department shall, upon request, certify and verify the
various types of standards of weights and measures used by industry
in accordance with the standards certified by the National Bureau of
Standards, when such standards are submitted to the department for
verification and certification.
The department shall establish a schedule of fees sufficient to
cover the cost of furnishing such services. All money received under
the provisions of this section shall be paid into the State Treasury
and credited to the Department of Agriculture Fund to be expended by
the department for the administration of the provisions of this
section.

12311. Every sealer having knowledge that a county standard may be
incorrect, regardless of the cause, shall notify the department of
the condition, and shall, if deemed by the department to be
necessary, arrange to have the standard in question retested,
adjusted, or replaced.

12312. In any prosecution for a violation of any of the provisions
of this division any copy of the standards of weights and measures of
the State furnished, procured, and certified to under the provisions
of this division, shall be admitted in evidence upon the trial as
prima facie true and correct.

12313. The definitions of basic units of weight and measure, and
the tables of weight and measure and weights and measures
equivalents, as published by the National Bureau of Standards are
recognized and shall govern weighing and measuring equipment and
transactions in this state.

12314. The department, by regulation, may establish criteria and
procedures for certification of laboratories to perform measurement
services which are determined by the director to be beyond the
existing equipment capabilities of the department, or when warranted
by financial or workload considerations.
The department shall recover actual costs for the certification of
any laboratory from that laboratory.
The director may revoke or suspend any certification issued
pursuant to this section for good cause. The director shall establish
by regulation criteria to be used when revoking or suspending any
certification on the basis of good cause. Any proceeding to revoke or
suspend any certification shall be conducted pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the director shall have all the powers
granted therein.
Measurements performed and standards certified by laboratories
certified under the provisions of this section shall qualify as prima
facie evidence.