training for the weights and measures official course curriculum module 1introduction module 2laws...

TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

OFFICIALOFFICIAL


OFFICIALOFFICIAL

COURSE CURRICULUMCOURSE CURRICULUM

MODULE 1 Introduction

MODULE 2 Laws & Regulations

MODULE 3MODULE 3 Enforcement ProceduresEnforcement Procedures

MODULE 4 Legal Action

MODULE 5 Legal Metrology

MODULE 6 Field Standards & Test Equipment

MODULE 7 Basic Weighing / Measuring Principles


OFFICIALOFFICIAL


OFFICIALOFFICIAL

COURSE CURRICULUMCOURSE 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

TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL


Third in a series of 14

Module ThreeModule Three

“ENFORCEMENT “ENFORCEMENT PROCEDURES”PROCEDURES”

Module ThreeModule Three


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

General OverviewGeneral OverviewGeneral OverviewGeneral Overview

Module ObjectivesModule ObjectivesModule ObjectivesModule 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

Protect consumers in purchasing decisions

Provide fair competition to businesses

Evaluate conditions by applying the principles of our mission statement

Our RoleOur RoleOur RoleOur Role

The Mission of Weights and MeasuresThe Mission of Weights and MeasuresThe Mission of Weights and MeasuresThe Mission of Weights and Measures

“To Preserve and Maintain the Standards of Measurement Essential in Providing a Basis of Value

Comparison and Fair Competition in the Marketplace.”

Achieve compliance at the lowest level of enforcement

Inform businesses of applicable laws

Provide a written warning of a violation

Initiate appropriate legal action

Enforcement PhilosophyEnforcement PhilosophyEnforcement PhilosophyEnforcement Philosophy

The Division’s philosophy is to:

Enforcement PhilosophyEnforcement PhilosophyEnforcement PhilosophyEnforcement Philosophy

Be sure you can prove your allegations

Follow “due process of law”

Due ProcessDue ProcessDue ProcessDue Process

Due process of law is the right of every person and is guaranteed by the U.S. Constitution

No person shall….be deprived of life, liberty or property, without due process of law.

U.S. Constitution, Amendment V(1791)

Due Process – Our ObligationsDue Process – Our ObligationsDue Process – Our ObligationsDue 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

Due Process Requires:Due Process Requires:

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

Due Process – The Field OfficialDue Process – The Field OfficialDue Process – The Field OfficialDue Process – The Field Official

Due Process – The Field Due Process – The Field OfficialOfficial

Due Process – The Field Due Process – The Field OfficialOfficial

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

Due Process – Due Process – The Field OfficialThe Field OfficialDue Process – Due Process – The Field OfficialThe Field Official

Rath 1978, Supreme Court:Rath 1978, Supreme Court:

California’s off sale procedures met the test for due process, but only for products that are not highly perishable

Due Process - Due Process - Court DecisionsCourt DecisionsDue Process - Due Process - Court DecisionsCourt 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 charge

prior to any off-sale action

Due Process - Due Process - Court DecisionsCourt DecisionsDue Process - Due Process - Court DecisionsCourt Decisions

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

Due ProcessDue Process - - Court DecisionsCourt DecisionsDue ProcessDue Process - - Court DecisionsCourt Decisions

Menafee and Son vs.The California Dept of Food and Agriculture

Verbal warnings may obtain compliance

But do not memorialize notification

A Notice of Violation documents notification

Documentation can demonstrate intent or patternof violation

Documenting ViolationsDocumenting ViolationsDocumenting ViolationsDocumenting Violations

Notice of ViolationNotice of ViolationNotice of ViolationNotice of Violation

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

May be a specifically designed form or incorporated in other documents

Is acceptable to mail to the company by certified mail

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

Removal from Sale or Commercial ServiceRemoval from Sale or Commercial ServiceRemoval from Sale or Commercial ServiceRemoval from Sale or Commercial Service

Removal from Commercial ServiceRemoval from Commercial ServiceRemoval from Commercial ServiceRemoval from Commercial Service

Unapproved DeviceUnapproved Device

You have twotwo options:

1. Device may be seized or 2. Marked “unapproved”

An “unapproved” device is marked with a“yellow tag” to remove it from service

Notify California Type Evaluation personnel


Incorrect DeviceIncorrect Device

You have twotwo options:

1. If not repairable, device must be seized

2. If repairable, use a “out of order” tag toremove it from service

With few exceptions, almost all devices are repairable


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 B&P Code or CCR

Removal from SaleRemoval from SaleRemoval from SaleRemoval from Sale

Packaged products that have no quantity statement or are less than the stated quantity must be removed from sale(B&P Code Sections 12211 and 12607)

Non-conforming petroleum products, adulterated or mislabeled automotiveproducts, may be removed from sale(B&P Code Sections 13595 and 13731)


Packaged products are removed from sale usingyellow yellow or red red “Hold-Off Sale” tags

Bulk petroleum and automotive products are removed from sale with red “Condemned”red “Condemned” tags

Do not confuse the “Condemned”“Condemned” tags with the red red “Out of Order”“Out of Order” tags


SeizureSeizureSeizureSeizure

Seizure is necessary when:Seizure is necessary when:

Previous official actions have not resulted in corrections

Further legal action is anticipated

Remember to issue a receiptRemember to issue a receipt

Module 4 “Legal Action”Module 4 “Legal Action” covers this subject in greater detail

Civil Administrative ProcedureCivil Administrative Procedure Allows sealer to impose a penalty without court procedure

Citation (Notice to Appear)Citation (Notice to Appear) Criminal filing for more serious violations

Civil FilingCivil Filing Filed with the District Attorney or California Attorney General

Types of EnforcementTypes of EnforcementTypes of EnforcementTypes of Enforcement

Appropriate EnforcementAppropriate EnforcementAppropriate EnforcementAppropriate Enforcement

Civil Administrative ProcedureCivil Administrative Procedure

Authorized by Section 12015.3 B&P CodeAuthorized by Section 12015.3 B&P 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


Citation (Notice to Appear)Citation (Notice to Appear)Authorized by Section 12013 of B&P CodeAuthorized by Section 12013 of B&P 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


Civil FilingCivil 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

Levels and Types of Levels and Types of EnforcementEnforcement

Levels and Types of Levels and Types of EnforcementEnforcement

Use appropriate level of enforcement:Use appropriate level of enforcement:

Immediate correctionImmediate correction

Written warning (NOV)Written warning (NOV)

Out of order tagsOut of order tags

Off-sale order tagsOff-sale order tags

Civil administrative procedureCivil administrative procedure

Citation (Notice to Appear)Citation (Notice to Appear)

Criminal or civil action by A. G., D.A., or city attorneyCriminal or civil action by A. G., D.A., or city attorney

SummarySummarySummarySummary

Enforcement Philosophy

Importance of Due Process

NOTICE OF VIOLATION Notices of Violations

OUT OF SERVICE Removal From Sale or Service

Enforcement Types

ConclusionConclusionConclusionConclusion

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.



This Concludes Module 3This Concludes Module 3


This Concludes Module 3This Concludes Module 3


training for the weights and measures official course curriculum module 1introduction module 2laws...

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