Prior Ordinance History: SCC 1327 § 2, 2006; SCC 1420 § 1, 2009; SCC 1696 § 1, 2022.
The purpose of this division is to establish a system to recover the cost of agricultural inspections, certifications, and registrations as provided by the California Food and Agriculture Code and Labor Code; to establish a system for the registration of commercial weighing and measuring devices and automated point-of-sale systems; and to recover the cost of inspecting and testing such instruments as provided in Business and Professions Code Sections 12240 and 13350.
(SCC 1760, 8/5/2025)
For the purpose of this chapter, the following words and phrases are defined as follows:
A. 
"Automated point-of-sale"
system means any computer or electronic system used by a retail establishment such as, but not limited to, Universal Product Code scanners, price lookup codes, or an electronic price lookup system as a means for determining the price of the item being purchased by a consumer.
B. 
"Automated point-of-sale system station"
means each individual point-of-sale station, cash register, checkout station, or similar device used in a price verification system to charge consumers for the purchases of commodities.
C. 
"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.
D. 
"Commodity"
means any article of commerce or anything that is bought or sold.
E. 
"Department"
means the Department of the Agriculture, Weights and Measures of Sacramento County.
F. 
"Person"
means any person, firm, corporation, business or association.
G. 
"Sealer"
means the County of Sacramento Agricultural Commissioner/Director of Weights and Measures, and duly authorized representatives.
H. 
"Special inspections"
include, but are not limited to, inspections pertaining to investigations, consumer complaints, complaints from competing businesses or a reinspection of a retail establishment at which one or more price accuracy violations have occurred within the previous six months.
I. 
"Wildlife Services"
is a Sacramento County program that provides technical assistance and implements wildlife damage management strategies to address conflicts between humans and certain wildlife species.
(SCC 1760, 8/5/2025)
A. 
The following are required to register with or notify the Agricultural Commissioner before doing business in the County:
1. 
Certified Producers
2. 
Certified Farmers Market Operators
3. 
Farm Labor Contractors
4. 
Pest Control Operators — Agriculture Dul
5. 
Pest Control Operators — Maintenance Gardeners
6. 
Pest Control Advisors
7. 
Pest Control Pilots
8. 
Structural Pest Control Operators
The fees charged and collected for registration and certifications shall be the maximum amount authorized by state law.
B. 
The term of registration or certification shall be one year unless prescribed otherwise in the California Food and Agriculture Code or California Labor Code.
(SCC 1760, 8/5/2025)
The Agricultural Commissioner shall charge and collect fees for registrations, certifications, inspections, Wildlife Services, and other related services as authorized by California state law and performed by the Commissioner or his or her authorized representatives. The amount of said fees shall be established by the Board of Supervisors by ordinance in accordance with applicable provisions of law, in amounts which do not exceed the costs incurred by the County in performing the services.
Effective January 3, 2026, and thereafter each year no later than May 15th, the Agricultural Commissioner/Sealer may authorize, effective July 1st of the same calendar year, the adjustment of all fees (excluding fees set by statute) for the Department of Agriculture, Weights and Measures services identified in Chapter 2.72, applying the increase, if any, in the CPI for All Urban Wage Earners and Clerical Workers (CPIW) using the U.S. City average based on CPI data obtained from the U.S. Department of Labor, Bureau of Labor statistics for the year (January 1st to December 31st) in which the fees are adjusted. The authority to make such adjustments shall expire after January 3, 2031. Any proposed fee changes under this provision shall be reviewed by the Auditor-Controller Division of the Department of Finance and rounded to the nearest whole dollar amount. A fee study shall be conducted no less frequently than every five years, commencing January 1, 2031. The adjusted fee schedule shall be published by written notice to the Clerk of the Board.
(SCC 1760, 8/5/2025)
A. 
Pursuant to the provisions of Business and Professions Code Section 12240, the Sealer shall charge an annual location fee, an administrative fee as specified in Section 12241, and device registration fee, not to exceed the County's total cost of actually inspecting or testing the devices as required by law, to recover the costs of inspecting or testing commercial weighing and measuring devices. The fees collected may also be used to recover the costs of inspecting or testing weighing and measuring devices required of the Sealer pursuant to Section 12210, and costs associated with carrying out Section 12211. The annual registration fee is hereby established as stated in Business and Professions Code Section 12240, except as modified in paragraph B.
B. 
Exceptions to Business and Professions Code Section 12240:
1. 
For scales or devices used in certified farmers' markets, as defined by Health and Safety Code Section 113742, and brought into the Department for testing, the location fee portion of the registration fee shall be waived.
2. 
For water dispensing machines, the location fee portion of the registration fee shall be reduced by 50%.
3. 
For taximeters, the location fee portion of the registration fee shall be reduced by 50%.
(SCC 1760, 8/5/2025)
The annual fees outlined in Section 2.72.050 shall be collected by the Sealer from the proprietors of weighing and measuring devices at their respective locations. If payment is not made within 60 calendar days from the date the billing is issued, the proprietor shall be required to pay an amount equal to twice the original fee. Each billing issued by the Sealer shall include the amount due under Section 2.72.050, as well as any additional charges for late payment under this section. If timely payment is not remitted and direct collection efforts are unsuccessful, the Sealer shall refer the delinquent accounts to the County of Sacramento, Revenue Recovery, for further action.
(SCC 1760, 8/5/2025)
It is unlawful to charge, at the time of sale, a price that is more than the price that is advertised or posted.
(SCC 1760, 8/5/2025)
A. 
It is unlawful for a person to use an automated point-of-sale system for commercial purposes without first obtaining a registration certificate from the Sealer. A separate registration certificate is required for each business location. The registration certificate is in addition to any other certificate, license, or permit, which may be required by the County or any public entity.
B. 
Registration certificates will be issued upon payment of all applicable fees and late penalties as set forth in Sections 2.72.110 and 2.72.120 of this chapter.
(SCC 1760, 8/5/2025)
A. 
All registration certificates are valid for up to one year and expire on December 31st. Renewal of a certificate is to be made in a manner similar to the issuance of the original certificate. Registration certificates not renewed by January 31st following the December 31st expiration date will be considered expired and may be renewed only upon payment of the registration fee and any applicable penalties.
B. 
Registration certificates are not transferable between persons or locations.
C. 
If a holder of a registration certificate leases, sublets, subcontracts, or in any manner allows any other person or entity to engage in activities regulated under the certificate, all automated point-of-sale systems remain the responsibility of the certificate holder, unless the other person or entity obtains a separate registration certificate in accordance with the provisions of this chapter.
(SCC 1760, 8/5/2025)
An annual registration fee is required of each business location in the County that operates an automated point-of-sale system for commercial purposes. The fee may not exceed the county's total cost of inspecting or testing the accuracy of prices accessed or generated by the automated point-of-sale system. The annual registration fee shall be set by resolution of the Board of Supervisors.
(SCC 1760, 8/5/2025)
A business location shall be liable for an amount equal to twice the amount of the annual registration fee if payment of the billed amount is not made within 60 calendar days from the date the billing is issued.
(SCC 1760, 8/5/2025)
Every person who uses an automated point-of-sale system for commercial purposes must post a notice which will be provided by the Department. The notice must be clearly visible to the general public and to consumers at each automated point-of-sale station. The notice will state the following and will include a toll-free number:
"Attention Consumers: You are entitled to the lowest advertised or posted price offered by this store. For information or complaints, you may contact the Sealer of Weights and Measures, toll free: 1-888-875-SCAN (1-888-875-7226)"
(SCC 1760, 8/5/2025)
A. 
For the purposes of determining the pricing accuracy of a retail establishment using an automated point-of-sale system, the Department shall base the initial standard inspection on criteria and procedures described in Business and Professions Code Section 13350. The Sealer may reinspect any retail facility that has a compliance rate of less than 98%.
B. 
The Sealer may charge a reinspection fee for reinspection of a retail establishment that fails a prior inspection, not to exceed the County's total cost of reinspecting or testing the accuracy of prices accessed or generated by the system pursuant to this section. Reinspection fees shall be set by ordinance of the Board of Supervisors.
(SCC 1760, 8/5/2025)
It is unlawful for any person, or any registration certificate holder, employee or agent thereof to violate the provisions of this chapter, and specifically it is unlawful to:
A. 
Operate an automated point-of-sale system without a current registration certificate.
B. 
Fail to make available the registration certificate as required in Section 2.72.100.
C. 
Fail to post the toll-free number to consumers as specified in Section 2.72.130.
(SCC 1760, 8/5/2025)
A. 
Criminal penalties will be determined pursuant to Business and Professions Code Sections 12024.2 and 12015.5 for any person or business which violates the requirements of this chapter.
B. 
Civil penalties will be determined pursuant to Business and Professions Code Section 12015.3 for any person or business which violates the requirements of this chapter.
C. 
Except as otherwise specifically provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws.
D. 
Payment of a fine or other penalty imposed by a court does not relieve a person from the responsibility of obtaining a registration certificate for an automated point-of-sale system and from the requirements of Sections 2.72.070 - 2.72.150.
E. 
In addition to all other remedies provided by this chapter or state law, in the event of continuing violation of the provisions of this chapter, the Department may seek injunctive relief to restrain further violations. In addition to any injunctive or equitable relief that the court in its discretion deems warranted, the civil penalties will include the following:
1. 
The penalties provided for in this section to the extent the penalties have not been sought or imposed pursuant to a criminal proceeding;
2. 
The full amount needed to make any restitution to any agencies, persons or entities for damages sustained or costs incurred, including but not limited to attorney's fees, as a result of the violations; and
3. 
The full amount needed to reimburse the County for any enforcement costs related to the violations.
(SCC 1760, 8/5/2025)