TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL

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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
COURSE CURRICULUM
MODULE 1 Introduction
MODULE 2 Laws Regulations
MODULE 3 Enforcement Procedures
MODULE 4 Legal Action
MODULE 5 Legal Metrology
MODULE 6 Field Standards Test Equipment
MODULE 7 Basic Weighing / Measuring Principles
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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
COURSE CURRICULUM
MODULE 8 Device Type Evaluation
MODULE 9 Weighing Devices
MODULE 10 Measuring Devices
MODULE 11 Weighmaster Enforcement
MODULE 12 Petroleum Products
MODULE 13 Quantity Control
MODULE 14 Service Agencies and Agents
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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
Module ThreeENFORCEMENT PROCEDURES
Third in a series of 14
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General Overview

• This module will introduce you to the enforcement
  philosophy of the Division of Measurement
  Standards
• It will also explain the actions available to you
  to obtain compliance with the regulations you
  enforce

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Module Objectives
Appreciate the need for and ability to provide
due process
Understand your authority to remove items from
sale or commercial service
Determine and use the appropriate criminal or
civil proceedings
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Our Role

• Protect consumers in purchasing decisions
• Provide fair competition to businesses
• Evaluate conditions by applying the principles of
  our mission statement

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The Mission of Weights and Measures
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Enforcement Philosophy
The Divisions philosophy is to

• Achieve compliance at the lowest level of
  enforcement

• Inform businesses of applicable laws

• Provide a written warning of a violation

• Initiate appropriate legal action

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Enforcement Philosophy

• Be sure you can prove your allegations
• Follow due process of law

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Due Process
Due process of law is the right of every person
and is guaranteed by the U.S. Constitution
U.S. Constitution, Amendment V(1791)
No person shall.be deprived of life, liberty or
property, without due process of law.
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Due Process Our Obligations

• Notification of action and options
• Provide an opportunity to be heard
• Ensure the right to review procedures and
  authority
• Fundamental fairness and reasonableness of
  enforcement action

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Due Process The Field Official

• All persons subject to the laws you enforce, are
  entitled to the due process of law
• Your actions may result in the deprivation of
  their personal property

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Due Process The Field Official
Due Process The Field Official

• During an open inspection you need to
• Announce yourself
• Explain the reason for your visit
• Be prepared to explain
• 1. Your authority for being there
• 2. The possible consequences if you are
  prevented from conducting the inspection
• If obstructed, you may need an inspection or
  search warrant

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Due Process - Court Decisions

• Rath 1978, Supreme Court
• Californias off sale procedures met the test
  for due process, but only for products that are
  not highly perishable

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Due Process - Court Decisions

• For highly perishable products the court held
• The packer must be
• Notified in writing of the short measure finding
• Provided with a copy of the inspection report
• Given an opportunity to dispute the chargeprior
  to any off-sale action

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Due Process - Court Decisions
Menafee and Son vs.The California Dept of Food
and Agriculture

• The California Appellate Court held
• Minimum due process requires notice and an
  opportunity for a hearing
• Must precede even a temporary deprivation
  of property interest

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Documenting Violations

• Verbal warnings may obtain compliance
• But do not memorialize notification
• A Notice of Violation documents notification
• Documentation can demonstrate intent or
  patternof violation

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Notice of Violation

• Is issued to the violator and or their employer
  or suitable representative

• Is acceptable to mail to the company by certified
  mail

• May be a specifically designed form or
  incorporated in other documents

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Removal from Sale or Commercial Service

• You have a powerful authority
• You can remove products from sale and devices
  from commercial service for violations of the
  Business and Professions Code
• In some instances you can seize product or devices

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Removal from Commercial Service

• Unapproved Device
• You have two options
• 1. Device may be seized or
• 2. Marked unapproved
• An unapproved device is marked with ayellow
  tag to remove it from service
• Notify California Type Evaluation personnel

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Removal from Commercial Service

• Incorrect Device
• You have two options
• 1. If not repairable, device must be seized
• 2. If repairable, use a out of order tag
  to remove it from service
• With few exceptions, almost all devices are
  repairable

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Removal from Commercial Service

• Communicate to the owner or user the reason for
  removal or seizure
• Demonstrate the problem if necessary
• Be prepared to show the authorizing sections from
  the BP Code or CCR

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Removal from Sale
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Removal from Sale

• Packaged products are removed from sale
  usingyellow or red Hold-Off Sale tags

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Removal from Sale
Bulk petroleum and automotive products are
removed from sale with red Condemned
tags Do not confuse the Condemned tags
with the red Out of Order tags
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Seizure

• Seizure is necessary when
• Previous official actions have not resulted in
  corrections
• Further legal action is anticipated
• Remember to issue a receipt
• Module 4 Legal Action covers this subject in
  greater detail

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Types of Enforcement

• Civil Administrative Procedure

Allows sealer to impose a penalty without court
procedure
Criminal filing for more serious violations

• Citation (Notice to Appear)

Civil Filing
Filed with the District Attorney or California
Attorney General
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Appropriate Enforcement

• Civil Administrative Procedure
• Authorized by Section 12015.3 BP Code
• Generally used for technical violations
• Requires written Notice of Proposed Action
  (NOPA)
• Penalties 50 - 1000
• Burden of Proof Preponderance of Evidence
• Right of appeal to Secretary of Food and
  Agriculture/to the criminal justice system

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Appropriate Enforcement

• Citation (Notice to Appear)
• Authorized by Section 12013 of BP Code
• Used for more serious violations
• Issued to an individual
• Notification to appear in court
• Signing is a promise to appear, not an admission
  of guilt

NOTICE TO APPEAR
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Appropriate Enforcement

• Civil Filing
• The decision to file is made by the District
  Attorney or Attorney General for
• Unfair business practices or competition
• False or misleading advertising
• Potential of large penalties and restitution

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Levels and Types of Enforcement

• Use appropriate level of enforcement

Criminal or civil action by A. G., D.A., or city
attorney
Citation (Notice to Appear)
Civil administrative procedure
Off-sale order tags
Out of order tags
Written warning (NOV)
Immediate correction
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Summary
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Conclusion
The information in this module has providedyou
with a better understanding and a deeper
appreciation of the enforcement procedures
available to the weights measures official.
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TRAINING FOR THEWEIGHTS AND MEASURES OFFICIAL
This Concludes Module 3ENFORCEMENT PROCEDURES