Cal. Code Regs. tit. 4 § 4802

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 4802 - Penalty Guidelines

In applying Section 12015.3 of the Business and Professions Code, the sealer shall use the provisions of this section to determine the types of violations for which penalties may be assessed and the amounts of the penalties. Nothing in this article prohibits a sealer from seeking other relief through the criminal or civil court process in lieu of administrative action.

(a) For the purposes of this article, violation types are designated as "Category A," "Category B" and "Category C."

(1) "Category A" violations are violations in which there are actual, or there is the potential for actual false, deceptive, or misleading business practices, or significant monetary loss to consumers; or repeated violations of subparagraph (2), that occurred within a two-year period at the same location and which resulted in an action and subsequent penalty. Included in this category are certain violations subject to prior legislated fine levels pursuant to Business and Professions Code Section 12729. The appropriate penalty range for these violations is $400-$1,000; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(2) "Category B" violations are violations in which there is a reasonable potential for intermediate level of consumer or competitive harm; or repeated violations of subparagraph (3), that occurred within a two-year period at the same location and which resulted in an action and subsequent penalty. The appropriate penalty range for these violations is $150-$600; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(3) "Category C" violations are primarily violations that would typically have a less egregious effect on consumers or equitable competition in the marketplace. Included in this category are other violations included in Business and Professions Code, Division 5 that are not included in Table A. The appropriate penalty range for these violations is $50-$250; however, such penalty shall not exceed the maximum criminal fine specified in the charging section.

(b) Table A shall be used to establish the level of severity of a particular violation and its corresponding penalty range. Except where specific violation parameters are provided, the violation column in Table A is an abbreviated description of the corresponding section in the California Business and Professions Code, Division 5, Weights and Measures.

	1 = Category A	2 = Category B	3 = Category C
	($400 to $1,000)	($150 to $600)	($50 to $250)

TABLE A

*B&P §*	*Violation*		*Type*
*12016*	Hindering or obstructing sealer.		1
*12018*	Neglect or Refusal to exhibit weighing or measuring device for inspection		1
*12021*	Marking or stamping false or short weight or measure on containers: Taking false tare (knowingly).		1
*12022.5*	Fresh meats or roasts: Advertising/selling on basis of net weight, not including added fat.			2
*12023*	Selling according to gross weight or measure.			2
	Selling in less quantity than represented:
	Prepackaged -- Labeled and sold, but not packed on the same premises.
*12024*	-	Single Lot:
*(Prepacked*		Overcharge less than 50¢			3
*product --*		Overcharge 50¢ to $2.00.		2
*Labeled and*		Overcharge more than $2.00	1
*sold, but not*	-	Total of All Lots:
*packed on*		Overcharge less than $2.00			3
*the same*		Overcharge $2.00 to $10.00		2
*premises)*		Overcharge more than $10.00	1
	Short measure bulk wood deliveries.		1
*12024*	Selling in less quantity than represented (per BPC §12024.3 criteria)
*(Prepacked product -- Packed, labeled and sold on the same premises)*	Prepackaged -- Packed, labeled and sold on the same premises.
	-	Single Lot (unknowingly):
		Overcharge of $2.00 or less			3
		Overcharge more than $2.00	1
	-	Total of Multiple Lots (unknowingly):
		Overcharge of less than $2.00			3
		Overcharge $2.00 to $10.00		2
		Overcharge more than $10.00	1
*12024*	Selling in less quantity than represented:
*(Wholesale or retail lots -- not packed or labeled by retailer)*	Prepackaged -- Wholesale or retail lots -- Not packed or labeled by retailer
		Overcharge not more than $50.00		2
		Overcharge more than $50.00	1
*12024.1*	Misrepresenting charge for service rendered (willfully).		1
	Unlawful computation of value.
	(A)	Test Purchase of Commodities by Weight, Measure, or Count, Determined at Time of Sale: (Applies to any number of items purchased or inspected for pricing integrity).
*12024.2*	-	Overcharged on One item: Overcharge equals 15¢ or more and is 5% or more of correct value for that item.		2
	-	Overcharged on Two or More Items: Total Overcharge equals 15¢ or more and is 3% or more of correct total value for those items.	1
	(B)	Scanning/Automated and Other Checkstand Inspections.
	-	Overcharged on fewer than 10% of items purchased or inspected for pricing integrity 2 or total overcharge is less than 2% of correct total price of all items purchased or inspected.			3
	-	Overcharged on 10% or more but on fewer than 12% of items purchased or inspected for pricing integrity.		2
*12024.2*	-	Total overcharge 2% or more but less than 4% of correct total price of all items purchased or inspected.		2
	-	Overcharged on 12% or more of items purchased or inspected for pricing integrity.	1
	-	Total overcharge 4% or more of the correct total price of all items purchased or inspected.	1
		Test Sample Size of 10 or Fewer Items ("Initial Standard Inspections" as defined by BPC §13350 or "Special Inspections" as defined by BPC §13356):
	-	Overcharge on any item does not exceed 8% of the correct price of that item			3
	-	Overcharge on any item is greater than 8% but does not exceed 15% of the correct price of that item		2
	-	Overcharge on any item is greater than 15% of the correct price of that item	1
*12024.5*	Sale of fowl, meat, or fish other than by weight: ready-to-eat items.			2
*12024.55*	Door-to-door salespersons; failure to provide price per pound statements on packages.			2
*12024.6*	Prohibition of advertising intended to entice customer into transaction other than represented.		1
*12024.7*	Failure to provide: A statement of weight and type of cuts of meat sold; itemized statement showing quantity of fruits, vegetables, and other food products delivered in connection with meat sale.			2
*12024.9*	Failure to provide a statement of weights supplied to consumer upon direct sale of meat on basis of primal cuts or carcass weight.			2
*12024.10*	Failure to retain a document stating weight and cut of meat sold.			2
*12025*	Refusal to exhibit commodity being sold at given weight or quantity.		1
*12025.5*	Identification of commodity or container ordered "off sale" under §§ 12211 or 12607.		1
*12107*	Violation of tolerances and specifications for commercial weighing and measuring apparatus.				3
*12107.1*	Establishment of commodity standards, weights, measures, and counts: Procedure: Unlawful sales.				3
*12500.5*	Approval and certification of commercial instruments: Sale or use for commercial purposes of nonapproved instruments.			2
*12507*	Repair of "out of order" instruments: Time: Disuse: Effect of refusal or neglect to repair: Disposition of seized instruments.		1
*12508*	Removal or obliteration of sealer's tag or device.		1
	Presumption of intent to violate law:
	(1)	Using an incorrect device.		2
	(2)	Sells commercial device not sealed within last year.			3
	(3)	Using a condemned device contrary to law.	1
*12510(a)*	(4)	Uses for commercial purposes an unsealed, incorrect device not kept at fixed location.		2
	(5)	Used to falsify.	1
	(6)	Location of retail scale.		2
	(7)	False computation of price.		2
	(8)	Return to zero (knowingly)	1
	(9)	Deliver for test.		2
	(10)	Sells, uses, rents, loans incorrect device.		2
*12512*	Purchase of less than true quantity.		1
*12515*	(a) Repair, sale, or installation of instrument: Failure to notify county sealer:			2
*12516*	Location of scale when auctioning livestock			2
*12532*	(a) Engaging in business as a service agency when not registered with the Secretary of Food and Agriculture			2
	(a)(1) Not possessing or having available necessary standards and testing equipment				3
	(2) Standards and testing equipment shall meet specifications and tolerances in NIST 105 Series Handbooks				3
*12533*	(b) Ensure every service agent has a current service agent license			2
	(c) Possess a current copy of Title 4 of the California Code of Regulations, Field Reference Manual				3
*12534*	Use suitable and suffucent standards, permanently and uniquely identified and have a current certificate of accuracy				3
*12540*	Service agent examination and licensing			2
*12602*	Distributing commodity contained in nonconforming package: Exception for wholesale or retail distributors not engaged in packaging or labeling.			2
	Regulations to be established by Secretary: Required provisions of regulations.
*12603*	-	Identity of commodity and/or name and place of business of packer/distributor/manufacturer.		2
	-	Net quantity of contents not on container or label.		2
*12605*	Prohibition of distribution of packaged commodity containing qualifying words in separate statement of net quantity of contents: Supplemental statements: Prohibited qualifications.			2
*12606*	Containers not to be constructed or filled as to facilitate fraud			2
*12606.2*	Misleading food containers, prohibited			2
*12611*	Selling commodity in nonconforming container or with nonconforming label: Required information not prominently displayed.			2
*12703*	Weighmaster License, fee and/or penalty required.			2
*12704*	Weighmaster License fee			2
*12705*	Change in legal entity of weighmaster licensee.			2
*12707*	Weighmaster License renewal; failure to pay fee when due.			2
*12710.5*	(b) Failure to notify of replacement/deletion of deputy weighmaster.				3
*12711*	When weighmaster certificate to be issued.			2
	Issuance of certificate by one other than weighmaster making determination; transfer of weight or measure to other certificate.
*12712*	(a) Weighmaster certificates issued based on information from another weighmaster.			2
	(b) Transfer of weight from one certificate to another.			2
*12713*	(a) Responsibility for completeness of weighmaster certificate.			2
	(b) Omitted information on weighmaster certificate.			2
*12714*	Weighmaster certificate legend/principal licensee name.				3
*12714.5*	Information on certificate to be legible; consecutive numbering.				3
*12715*	Contents of weighmaster certificate.				3
*12716*	Weighmaster recordkeeping; inspection.			2
*12716.5*	Correction of errors (weighmaster certificate).			2
*12717*	Approval, testing, and sealing of weighing or measuring device.			2
	(a)	Requests a person to weigh, measure, or count falsely.	1
	(b)	Requests a false or incorrect weighmaster certificate.	1
*12718*	(c)	Furnishes or gives false information to a weighmaster.	1
	(d)	Knowingly presents for payment a false weighmaster certificate.	1
	(e)	Knowingly issues a false weighmaster certificate.	1
	(f)	Alters a weighmaster certificate resulting in a false weight, measure, or count.	1
	(g)	Possesses blank weighmaster certificates if not licensed.	1
	(h)	Issues a weighmaster certificate with alterations or omissions of gross, net, tare weights, net only weights, or measurements.	1
*12719*	Change of net contents after recordation of weight.		1
*12720*	Alteration of tare weight of vehicle prior to determining net weight of commodity.		1
*12721*	Weighing for purposes of certification.		1
	Use of predetermined tare weight; exemption for specified rock products.
*12722*	(a) Violation of tare regulations.		1
	(b) Rock, sand, and gravel predetermined tares.		1
*12724*	Determination of gross and tare weights by a weighmaster; requirement that all persons be off scale and vehicle; exceptions.			2
*12725*	Conditions under which gross weight not to be certified.			2
*12727*	Verification of weight, measure, or count.		1
*12728*	Requirement that entire vehicle rest on scale; exemption for seed cotton, multiple rail cars containing grain/grain products.			2
*12729(c)*	Tomato cab card tare weight. (See also B&P Section 12729)		1	2
*12730*	Farm products.			2
*12731*	Livestock.			2
*12732*	Adjustments to load; commodity weights determined at other than site where vehicle was loaded.			2
*12733*	Scrap metal and salvage materials.			2
*12734*	Squid or anchovy.			2
*13300*	Customer display and indicator requirements			2
*13411*	Sale of petroleum products contingent upon additional purchase.			2
*13413*	Deceptive, false, or misleading statements (Chapter 14) Petroleum Products.		1
*13420*	Operators of petroleum dealerships required to
*13421*	make monthly update of advertising medium
*13422*	indicating hours of sale and turn off lights when not open for business.				3
*13441*	Sale or delivery of nonstandard product.		1
*13442*	Sale or delivery of nonstandard product as motor fuel to be labeled "not gasoline".		1
*13451*	Sale or delivery of nonstandard diesel, kerosene, or fuel oil		1
*13460*	Sale of engine or gear oil which fails to meet
*13461*	specifications.		1
*13470*	Display of price sign on dispensing apparatus: Contents of sign.			2
*13470.5*	Gallon-to-liter conversion table.			2
*13472*	Dual pricing.			2
*13480*	Sale, etc., of petroleum products from unlabeled containers, etc: Viscosity rating: Containers with net content of gallon or less.				3
*13482*	Sale of lubricant without SAE/API service classification.				3
*13486*	Filling of tanks with product other than that identified on container label.		1
	Labeling:
*13500*	(a) No product and/or grade on delivery vehicle.				3
*13501*	Commingling of products.		1
*13502*	Deliveries into storage tanks.
*13486*			1
*13520*	Temperature-corrected gallonage.			2
	Application of article; display of price per liter or per gallon.
*13530*	(a) Advertising a price that is not identical with the dispenser.			2
	Display requirements; exemption of specified geographic areas; violations.
*13531*	(a) Failure to advertise motor fuel prices.			2
	Motor fuel; contents of display:
	(a) Advertising price signs.				3
	(b) Violation of discount advertising.				3
*13532*	(c) Advertising lower price only. (See also §13413)			2
	(d) Failure to advertise price in same form.			2
*13534*	Additional advertising matter.				3
*13562*	Change of destination under which product purchased: Authorization.			2
*13568*	Written authority; furnishing copies.			2
*13570*	Percentage of alcohol to be stated on normal business records: Certification of antiknock index.			2
*13571*	Not providing documentation when requested.			2
*13593*	Refusal to permit sampling.		1
	Selling product which does not meet specifications. (See also §§13413, 13441, 13451)		1
*13595*	Selling from unlabeled or mislabeled containers. (See also §§13413, 13480)				3
*13600*	Unauthorized breaking, etc., of seal.		1
*13740*	Sale or distribution of adulterated or mislabled product.		1
*13741*	Deceptive, false, misleading statement (Chapter 15) Automotive Products.		1

Cal. Code Regs. Tit. 4, § 4802

1. New section and Table A filed 4-8-96; operative 5-8-96 (Register 96, No. 15).
2. Editorial correction of Table A (Register 96, No. 49).
3. Amendment of section and NOTE filed 7-20-2011; operative 8-19-2011 (Register 2011, No. 29).
4. Change without regulatory effect amending first paragraph, subsection (a)(1) and NOTE filed 3-1-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 9).

Note: Authority cited: Sections 12015.3(a) and 12027, Business and Professions Code. Reference: Sections 12015.3(a) and 12028, Business and Professions Code.

1. New section and Table A filed 4-8-96; operative 5-8-96 (Register 96, No. 15).
2. Editorial correction of Table A (Register 96, No. 49).
3. Amendment of section and Note filed 7-20-2011; operative 8-19-2011 (Register 2011, No. 29).
4. Change without regulatory effect amending first paragraph, subsection (a)(1) and Note filed 3-1-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 9).