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HomeBusiness and Professions CodeDiv. 5Ch. 5§ 12500 Weighing And Measuring Definitions

§ 12500 Weighing And Measuring Definitions

Business and Professions Code·California
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§ 12500 Weighing And Measuring Definitions

This law spells out what a weighing or measuring device is, what it means for a device to be 'correct' or 'incorrect,' and when using those devices counts as a commercial activity.

Key Takeaways

  • •A "weighing instrument" or "measuring instrument" is any tool used to find weight or size.
  • •"Correct" means the tool meets all the tolerance rules the secretary sets; "incorrect" means it does not.
  • •"Commercial purposes" are when the tool is used to decide a price or a service charge, like scales at a market, taximeters, or parcel scales, but not when the tool is only used inside a factory or by a doctor for medical reasons.

Example

A farmer brings a sack of apples to a market and the market clerk uses a scale to weigh the apples so the farmer can be paid by the pound.

Because the scale is being used to decide how much money the farmer gets for the apples, the law says this is a "commercial purpose" and the scale must meet the "correct" standards set by the secretary.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12500 Weighing And Measuring Definitions

As used in this chapter the following terms mean: (a)“Weighing instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. (b)“Measuring instrument” means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. (c)“Correct” means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. (d)“Incorrect” means any instrument that fails to meet all of the requirements of Section 12107. (e)“Commercial purposes” include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count; or the determination of the weight, measure, or count of any commodity or thing upon which determination a charge for service is based. Devices used in a determination upon which a charge for service is based include, but are not limited to, taximeters, odometers, timing devices, parcel scales, shipping scales, and scales used in the payment of agricultural workers. “Commercial purposes” do not include the determination of the weight, measure, or count of any commodity or thing that is performed within a plant or business as a part of the manufacturing, processing, or preparing for market of that commodity or thing, or the determination of charges for the transmission of letters or parcels of less than 150 pounds, except when that determination is made in the presence of the customer charged for the service, or the determination of the weight of any animal or human by a qualified health provider, California-licensed veterinarian, licensed physician and surgeon, or staff members within the business operations of, and under the supervision of, a California-licensed veterinarian or licensed physician and surgeon for the purposes of determining the appropriate dosage of any medication or medical treatment or the volume, duration, or application of any medical procedure.

Last verified: February 26, 2026

Related Statutes

  • § 11350 Reciprocity Application Process
  • § 11351 Out-Of-State Appraiser Exemption
  • § 11352 Temporary Practice Application Rules
  • § 11506 Legislative Policy Committee Review
  • § 12500.10 Unapproved Device Removal

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 12500.
View Official Source