TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

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TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

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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

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TRAINING FOR THETRAINING FOR THEWEIGHTS AND MEASURES WEIGHTS AND MEASURES

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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

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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.

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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”