TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE

TRAINING FOR THE WEIGHTS 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

TRAINING FOR THE WEIGHTS 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

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL Module Two “LAWS AND REGULATIONS” Second in a series of 14

Introduction This module will: n Familiarize you with the Legislative process in California n Explain how and where regulations affecting weights and measures come from

Module Objectives Learn the difference between a law and a regulation Learn how an idea becomes a proposed law Learn how a proposed law makes its way through the Legislature and is forwarded to the Governor for signature or veto Learn how regulations are proposed and adopted Learn where weights and measures regulations come from

Laws and Regulations The California Constitution separates the powers of State government into three branches § The Legislative Branch California Constitution Article 4 – Legislative § The Executive Branch The legislative power of this State is vested in the California Legislature which consists of the Senate and Assembly, but the people reserve to themselves the powers of initiative and referendum… Article 5 – Executive § The Judicial Branch The supreme executive power of this State is vested in the Governor. The Governor shall see that the law is faithfully executed…. Article 6 – Judicial The judicial power of this State is vested in the Supreme Court, courts of appeal, superior courts, and municipal courts, all of which are courts of record…

Laws and Regulations are Different What is a law? § A body of rules of action § Adopted by the Legislature § Requiring you to do something or prohibiting you from doing something § May have penalties attached

Types of Laws Self-Executing “The principal weighmaster license fee is $75. 00 per year. ” This type of law is enforceable on its face. Wholly Enabling “The Department shall establish specifications for engine coolants and recycled engine coolants that promote the public safety in the operation of motor vehicles. ” This type of law cannot be enforced until a regulation is adopted. Susceptible “There shall be adequate space between parked cars in a public parking lot. ” This law could be enforced on a case-by-case basis, but the enforcement would present significant difficulties.

Regulations What is a Regulation? ü Guidelines that are adopted by the agency responsible for enforcing the law, interpreting the law, implementing the law, and/or clarifying the law ü Adopted in accordance with the Administrative Procedures Act (APA) through the Office of Administrative Law (OAL)

Words of Caution to Weights and Measures Officials § Program manuals and Examination Procedures Outline (EPO) are only guidelines to assist you with your job § Program manuals and EPO are not the law § They cannot be referenced as violations when issuing a Notice of Violation, or writing a citation, criminal or civil case § You need to reference the correct Business and Professions Code or the California Code of Regulations section

How Does an Idea Become a Law? California State Senate § Idea or concept § Sponsor § Author § Legislative Process § Governor § Secretary of State

From Idea to Law

The Rulemaking Process

OAL’s Review Process State agency must submit rulemaking record within 1 year of notice publication

The Rulemaking Process For additional information about the ‘Rulemaking Process’, visit OAL’s website at http: //www. oal. ca. gov.

Weights and Measures Regulations § Are found in the California Code of Regulations, Title 4, Division 9 § Many are adopted from another organization’s standards, publications or handbook § § § ASTM SAE NIST FTC NHTSA – US DOT B&P Code Sections 12107, 12211, 12609, 13440, 13450, 13460 & 13710 Provide the authority for the Secretary of the California Department of Food and Agriculture to adopt other organizations’ standards, publications, or handbooks

Input Sources for Weights and Measures Regulations Western Weights and Measures Association (WWMA) § Ideas for changes come from regional sealers / deputy sealers groups, CACASA, DMS, industry or citizens § Ideas for changes to HB 44, HB 130, and HB 133, once developed, are presented to the WWMA for discussion and consideration National Conference on Weights and Measures (NCWM) § Proposals from regional associations are presented to the Conference for discussion and voting. If passed, the amendment or addition is adopted into HB 44, HB 130, or HB 133

Summary The difference between a law and a regulation How an idea becomes a proposed law How a proposed law becomes an actual law How regulations are proposed and adopted Where weights and measures regulations come from

Conclusion This training module has provided you with a better understanding of how weights and measures Laws and Regulations work and are enacted.

TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL This Concludes Module 2 “LAWS AND REGULATIONS”