Mendocino County Municipal Code Div. A Inspection and Testing of Weighing and Measuring Devices

The purpose of this Chapter is to establish a system for registering commercial weighing and measuring devices and to recover the costs of inspecting and testing such devices by the County Sealer pursuant to California Business and Professions Code Division 5, Section 12210 and 12240 of the Business and Professions Code. The authority for this chapter is Division 5, Chapter 2, Article 2 (commencing with Section 12200) and Article 2.1 (commencing with Section 12240) of the Business and Professions Code.

(Ord. No. 4228, 9-1-2009; Ord. No. 4515, § 1, 11-8-2022)

(a) "Weighing and Measuring Devices" means all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measurements, and tools, appliances and accessories connected with any or all such instruments or measures, sold or used by any proprietor, agent, lessee or employee for commercial purposes.

(b) "Business Location" means (1) Each vehicle containing one or more commercial devices, and (2) Each business location that uses different categories or types of commercial devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a weights and measures official. Each house or mobile home shall be considered to be one location, except in a mobile home park or an apartment complex, where the park or complex shall be considered as one location.

(c) "Certified Producer" shall have the meaning assigned to it by Title 3 CCR Section 1392.2(e).

(d) "Certified Farmers Market" shall have the meaning assigned to it by Health and Safety Code Section 113740.

(e) "County Sealer" means the Agricultural Commissioner-Sealer of Weights and Measures of the county, or his or her designee.

(f) "Commercial purposes" shall have the meaning assigned to it by Business and Professions Code Section 12500.

(g) "Person" shall have the meaning assigned to it by Business and Professions Code Section 12011.

(h) "Sell," in any of its variant forms, means and includes barter, exchange, trade, keep for sale, offer for sale or expose for sale, in any of their variant forms.

(Ord. No. 4228, 9-1-2009; Ord. No. 4515, § 2, 11-8-2022)

No person shall use any commercial weighing or measuring device without first registering the device with the County Sealer. The registration shall be in addition to any other certificate, license, or permit which may be required by the County or any other public entity.

(Ord. No. 4228, 9-1-2009)

(a) Annual Fee: An annual registration fee shall be charged for the calendar year (January 1 through December 31), or any part thereof, for all commercial weighing or measuring devices. Annual registration fees are adopted pursuant to and under the authority of Business and Professions Code section 12240, as may be amended from time to time, and any successor provisions. The fees for Weighing and Measuring Device Registration shall be assessed at the maximum amount authorized in Business and Professions Code section 12240.

(b) Should Section 12240 not be effective after January 1, 2027, the Sealer shall submit and the Board of Supervisors shall adopt by ordinance a schedule of registration fees for weighing and measures devices consistent with the provisions of applicable law and sufficient to cover the costs of carrying out Division 5 of the California Business and Professions Code.

(c) Exemptions:

(1) Business location fees will be waived for a County certified producer who uses weighing and measuring devices solely in conjunction with sales at a County certified farmers market.

(2) All business location fees and annual device fees will be waived for devices solely used by non-profit youth clubs.

(d) Billing. The County Sealer shall on or before January 1 of each year send a billing statement to each owner of a commercial weighing and measuring device requesting payment of the applicable fee set forth in this Section 10A.16.040.

(e) Transfer. A device registration is transferable from one person to another, and is valid only for the specific devices and, if the devices are to be used at a fixed location for the specific location for which it is issued. Replacement of specific devices shall be allowed without a new registration fee being required.

(f) Delinquency. Any person failing to renew a device registration on or before February 15 of each year shall be required to pay an additional sum equal to fifty percent (50%) of the registration fee as a penalty for each year of delinquency.

(g) Testing and Re-inspection fees.

(1) Re-inspection. After any commercial weighing or measuring device has been tested and found to be outside the tolerances and specifications set by the California Department of Food and Agriculture, the County Sealer may re-inspect, retest and recertify such device in order to determine if it is within those tolerances and specifications. The fee for such inspection and testing shall be at the County Sealer's hourly rate as established by the Board of Supervisors.

(2) Commercial Instruments. At the request of the owner or user of a weighing or measuring device used for commercial purposes, the County Sealer may inspect and test the device. The fee for such inspection and testing shall be at the County Sealer's hourly rate as established by the Board of Supervisors.

(3) Upon the written request of any person, the County Sealer may calibrate, test, weigh, or measure and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools, and accessories connected therewith. The fee for such inspection and testing shall be at the County Sealer's hourly rate as established by the Board of Supervisors.

(Ord. No. 4228, 9-1-2009; Ord. No. 4515, § 3, 11-8-2022)