There is created by merger a department of the county of Los Angeles which shall be known as the department of agricultural commissioner/weights and measures (hereafter referred to in this chapter as “department”). The department of the agricultural commissioner is continued and shall on and after May 1, 1984, be known as the department of agricultural commissioner/weights and measures; and the office of the agricultural commissioner is continued and shall henceforth be known as the office of the agricultural commissioner/director of weights and measures (hereafter referred to in this chapter as “commissioner/director”). The department of weights and measures is merged into the department of agricultural commissioner/weights and measures effective May 1, 1984. (Ord. 84-0063 § 2 (part), 1984.)

The department shall be under the direction and management of the commissioner/director, who shall be appointed by the board. The commissioner/director shall appoint all employees of the department. (Ord. 84-0063 § 2 (part), 1984.)

The commissioner/director shall perform those general duties as are prescribed by state and local laws pertaining to local agricultural commissioners and directors/sealers of weights and measures, including, without limitation, applicable provisions of the California Food and Agriculture, Health and Safety, and Business and Professions Codes, related provisions of the California Administrative Code, provisions of the Los Angeles County Fire Code (Title 32, Los Angeles County Code), and provisions of the Charter of the county of Los Angeles. (Ord. 84-0063 § 2 (part), 1984.)

Under the direction and supervision of the board, and subject to its direction, the additional duties of the commissioner/director shall be as follows:
A. Weed, Brush, and Rubbish Hazard Abatement. To protect the health, safety, and property of citizens and to improve environmental quality through the elimination of hazardous weeds, brush, and rubbish on unimproved property;
B. Agricultural Product Quality Control. To protect the consumer from low-quality and incorrectly labeled food and other agricultural commodities through enforcement of state quality standards pertaining to fruits, nuts, vegetables, honey, salad products, eggs, seed, and nursery stock sold at wholesale and retail outlets throughout Los Angeles County;
C. Pesticide Use, Enforcement, and Training. To protect the environment, agricultural crops, agricultural workers, and the public from harmful effects of pesticides by regulating pest control operators, advisors, pesticides dealers, and other users; to prevent careless or illegal use of pesticides by county workers through training and monitoring;
D. Pest Exclusion and Eradication. To protect the agricultural crop production, nursery stock, ornamental landscaping, and the environment in general, through exclusion and eradication of new and economically damaging insects, diseases, animals, and weed pests not established here;
E. Pest Control and Management. To control or reduce the spread of established animals, weeds, insects, diseases, and pests detrimental to agriculture, ornamental landscaping, or the environment through biologically sound and efficient control methods;
F. Device Inspection. The systematic and periodic inspection and testing of all commercially-used weighing and measuring devices to insure compliance with specified tolerances and specifications;
G. Package Commodity Inspection. To prevent monetary loss to consumers and producers of all products which are sold by weight, measure, or count by the inspection of prepackaged products to see the full measure is received;
H. Fraud Prevention. The prevention of fraud and deception in the marketplace through the investigation of complaints, issuance of direct court citations, and the prosecution of violators by test purchasing, weighmaster investigations, and gasoline meter checking in the service station;
I. Metrological Services. To provide certification of measurement standards as requested by industry on a cost-recovery basis. (Ord. 84-0063 § 2 (part), 1984.)

As used in Sections 2.40.050 through 2.40.150:
A. “Weighing or measuring instruments” means “weighing instruments” or “measuring instruments” as each are respectively defined by Section 12500 of the California Business and Professions Code, excepting therefrom any retail scale used primarily for the purpose of weighing feed and seed.
B. “Commercial purposes” shall have the meaning assigned to it by Section 12500 of the California Business and Professions Code.
C. “Person” shall have the meaning assigned to it by Section 12011 of the California Business and Professions Code.
D. “Location” means the room, enclosure, building, space, area or situs where one or more weighing or measuring instruments are located or operated.
E. “Date of issuance” means the date on which the commissioner/director mails or otherwise sends a registration certificate to its intended recipient. (Ord. 85-0123, 1985; Ord. 84-0063 § 2 (part), 1984.)

No person shall use or operate any weighing or measuring instrument for commercial purposes without having a current registration certificate for such instrument. The certificate shall be in addition to any other certificate, license, or permit which may be required by the county or any other public entity. (Ord. 84-0063 § 2 (part), 1984.)

An application for a registration certificate must be submitted to the commissioner/director, in such form as may be prescribed by that officer. The commissioner/director may waive the requirement of an application in those instances in which the commissioner/director is already in possession of the information required by the application form. The commissioner/director shall issue the registration certificate upon his being in possession of the required information. (Ord. 84-0063 § 2 (part), 1984.)

A registration certificate shall initially be valid from its date of issuance to, but not including, the next succeeding first day of January. Thereafter, a registration certificate may be renewed from year to year for successive one-year periods, beginning with each successive first day of January, upon payment of the applicable fee prescribed by Section 2.40.090. (Ord. 84-0063 § 2 (part), 1984.)

A. Both the initial registration certificate fee and the annual renewal registration certificate fee shall be assessed at the maximum amount authorized in Section 12240 of the California Business and Professions Code. If the registration or renewal payment is late, there shall also be assessed the late registration penalty fee set forth in Section 2.40.100.
B. Initial registration certificate fee payments must be received by the commissioner/director by no later than the thirtieth day following the certificate’s date of issuance. Annual renewal fee payments must be received by the commissioner/director by no later than January 31st of the year to which the renewal applies. A registration certificate for which timely payment has not been made shall cease to be valid until such time as such payment, together with applicable penalty fees, has been received by the commissioner/director. (Ord. 2005-0109 § 1, 2005: Ord. 84-0063 § 2 (part), 1984.)

To any registration certificate fee not paid in timely fashion, there shall be added a late registration penalty fee as follows:
A. To any registration certificate paid within 30 days following the last day on which such payment could have been timely made pursuant to Section 2.40.090, there shall be added a penalty fee which shall be a sum equal to 25 percent of the registration certificate fee.
B. To any registration certificate fee paid more than 30 days, but within 90 days, following the last day on which such payment could have been timely made pursuant to Section 2.40.090, there shall be added a penalty fee which shall be the greater of:
1. $50.00; or
2. A sum equal to 50 percent of the registration certificate fee.
C. To any registration certificate fee paid more than 90 days following the last day on which such payment could have been timely made pursuant to Section 2.40.090, there shall be added a penalty fee which shall be the greater of:
1. $50.00; or
2. A sum equal to the registration fee. (Ord. 84-0063 § 2 (part), 1984.)

A weighing or measuring instrument used or operated for commercial purposes may be replaced by another such instrument without incurring liability for additional registration certificate fees. An additional weighing or measuring instrument used or operated for commercial purposes may be placed into such use or operation without incurring liability for additional registration certificate fees only in those instances when the placing of such an additional instrument into use or operation does not otherwise result in the application of a greater fee pursuant to the provisions of Section 12241(b) of the California Business and Professions Code. In all other instances, the placing of additional weighing or measuring instruments into use or operation for commercial purposes shall require the payment of such additional registration certificate fees as are consistent with the provisions of Section 12241(b) of the California Business and Professions Code. (Ord. 84-0063 § 2 (part), 1984.)

A registration certificate may be issued to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. Otherwise, all such certificates shall be issued in the true name of the applicant. Except as above provided, no business, occupation or activity for which such a certificate is required may be conducted under any false or fictitious name. A registration certificate issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation. (Ord. 84-0063 § 2 (part), 1984.)

If a current registration certificate has been lost, the person to whom it was issued may obtain a replacement from the commissioner/director upon payment of a replacement fee of $10.00. (Ord. 84-0063 § 2 (part), 1984.)

A registration certificate is not transferable from one person to another and is valid only for the specific location, whether fixed or mobile, for which it is issued. (Ord. 84-0063 § 2 (part), 1984.)

Every person using any commercial weighing or measuring instrument for which a registration certificate is required shall keep such certificate conspicuously posted at all times at the location where such instrument is being used. (Ord. 84-0063 § 2 (part), 1984.)

As used in this section and Sections 2.40.170 through 2.40.190:
A. “Noncommercial devices” means any weights and measures, and weighing and measuring devices other than weights and measures (and weighing and measuring devices), which are being used for a commercial purpose as defined by Section 12500(c) of the Business and Professions Code.
B. “Standby time” means the amount of time in which the commissioner/director or his deputies or assistants, cannot engage in the inspection of weights and measures or weighing and measuring devices because, at the time and place specified by the owner, distributor or repairperson of such devices, the devices are not in a fit and proper condition to be inspected or tested because the devices are not completely assembled or are defective in some manner, requiring additional work and labor to put them in a fit and proper condition for inspection and testing. (Ord. 84-0063 § 2 (part), 1984.)

The commissioner/director is directed to calibrate, test, weigh and measure, and certify to the accuracy of, noncommercial weights and measures and weighing and measuring devices, and instruments, tools and accessories connected therewith, only upon the receipt of a written request by any person, firm or corporation, pursuant to Section 12210(b) of the Business and Professions Code. (Ord. 84-0063 § 2 (part), 1984.)

For the purpose of defraying the expenses involved in connection with the calibration, testing, weighing, measuring and certifying to the accuracy of noncommercial weights and measures and weighing and measuring devices, the commissioner/director, in conjunction with the auditor-controller, is authorized to establish from time to time a schedule of fees to cover the cost, including mileage, of employing such services. (Ord. 84-0063 § 2 (part), 1984.)

The commissioner/director, in conjunction with the auditor-controller, is directed to establish from time to time a schedule of charges for the time that he, or his deputies or assistants, and necessary equipment, are requested to stand by for the convenience of the owner, distributor or repairperson of any noncommercial weights and measures or weighing and measuring devices having a capacity in excess of 1,000 pounds, or a maximum volume flow in excess of 15 gallons per minute, or their metric equivalent, while such devices are put into proper condition to be inspected or tested. (Ord. 84-0063 § 2 (part), 1984.)