Post on 18-Dec-2015
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
OFFICIALOFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
OFFICIALOFFICIAL
COURSE CURRICULUMCOURSE 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 THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
OFFICIALOFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES
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
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
Second in a series of 14
Module TwoModule Two
“LAWS AND “LAWS AND REGULATIONS”REGULATIONS”
Module TwoModule Two
“LAWS AND “LAWS AND REGULATIONS”REGULATIONS”
This module will:This module will:
Familiarize you with the Familiarize you with the
Legislative process in Legislative process in CaliforniaCalifornia
Explain how and where Explain how and where regulations affecting regulations affecting weights and measures weights and measures come fromcome from
This module will:This module will:
Familiarize you with the Familiarize you with the
Legislative process in Legislative process in CaliforniaCalifornia
Explain how and where Explain how and where regulations affecting regulations affecting weights and measures weights and measures come fromcome from
IntroductionIntroductionIntroductionIntroduction
Module ObjectivesModule ObjectivesModule ObjectivesModule 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 RegulationsLaws and RegulationsLaws and RegulationsLaws and Regulations
The Legislative BranchThe Legislative Branch
The Executive BranchThe Executive Branch
The Judicial BranchThe Judicial Branch
The California Constitution separates the powers of State government into three branches
California Constitution
Article 4 – Legislative
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 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 Laws and Regulations are DifferentDifferent
Laws and Regulations are Laws and Regulations are DifferentDifferent
Adopted by the Legislature
Requiring you to do something or prohibiting you from doing something
What is a law?What is a law?
A body of rules of action
May have penalties attached
Types of LawsTypes of LawsTypes of LawsTypes of Laws
Self-Executing Self-Executing “The principal weighmaster license fee is $75.00 per year.”
This type of law is enforceable on its face.
Wholly EnablingWholly 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.
SusceptibleSusceptible
“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.
Guidelines that are adopted by the agency responsible for enforcing the law, interpreting the law, implementing the law, and/or clarifying the law
Adopted in accordance with the Administrative Procedures Act (APA) through the Office of Administrative Law (OAL)
RegulationsRegulationsRegulationsRegulations
What is a Regulation?What is a Regulation?
Words of Caution to Weights and Words of Caution to Weights and Measures OfficialsMeasures Officials
Words of Caution to Weights and Words of Caution to Weights and Measures OfficialsMeasures Officials
Program manuals and Examination Procedures Outline (EPO) are onlyonly guidelines to assist you with your job
Program manuals and EPO are notnot 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?How Does an Idea Become a Law?How Does an Idea Become a Law?How Does an Idea Become a Law?
Idea or concept Idea or concept
SponsorSponsor
AuthorAuthor
Legislative ProcessLegislative Process
California State Senate
GovernorGovernor
Secretary of StateSecretary of State
From Idea to LawFrom Idea to LawFrom Idea to LawFrom Idea to Law
The Rulemaking ProcessThe Rulemaking ProcessThe Rulemaking ProcessThe Rulemaking Process
OAL’s Review ProcessOAL’s Review ProcessOAL’s Review ProcessOAL’s Review Process
State agency mustsubmit rulemaking
record within 1 yearof notice publication
The Rulemaking ProcessThe Rulemaking ProcessThe Rulemaking ProcessThe Rulemaking Process
For additional information about the ‘Rulemaking Process’, visit OAL’s website at http://www.oal.ca.gov.
Weights and Measures Weights and Measures RegulationsRegulations
Weights and Measures Weights and Measures RegulationsRegulations
Are found in the California Code of Regulations,Are found in the California Code of Regulations,Title 4, Division 9Title 4, Division 9
Many are adopted from another organization’s Many are adopted from another organization’s standards, publications or handbookstandards, publications or handbook
ASTMASTM
SAESAE
NISTNIST
FTCFTC
NHTSA – US DOTNHTSA – 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 Input Sources for Weights and Measures RegulationsMeasures Regulations
Western Weights and Measures Association (WWMA)
National Conference on Weights and Measures (NCWM)
Ideas for changes come from regional sealers / deputy sealers groups, CACASA, DMS, industry or citizens
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
Ideas for changes to HB 44, HB 130, and HB 133, once developed, are presented to the WWMA for discussion and consideration
SummarySummarySummarySummary
The difference between a law and a regulationThe difference between a law and a regulation
How an idea becomes a proposed lawHow an idea becomes a proposed law
How a proposed law becomes an actual lawHow a proposed law becomes an actual law
How regulations are proposed and adoptedHow regulations are proposed and adopted
Where weights and measures regulations come Where weights and measures regulations come fromfrom
ConclusionConclusionConclusionConclusion
This training module has provided you witha better understanding of how weights and measures Laws and Regulations work andare enacted.
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES OFFICIALWEIGHTS AND MEASURES OFFICIAL
This Concludes Module 2This Concludes Module 2
“LAWS AND “LAWS AND REGULATIONS”REGULATIONS”
This Concludes Module 2This Concludes Module 2
“LAWS AND “LAWS AND REGULATIONS”REGULATIONS”