California Code of Regulations
Title 4 - Business Regulations
Division 9 - Division of Measurement Standards, Department of Food and Agriculture
Chapter 3 - Device Inspection
Article 2 - Alternative to the Specified Inspection Frequencies
Section 4073 - Submittal and Approval of an Alternative Plan

Universal Citation: 4 CA Code of Regs 4073

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The written request specified in Section 4071 shall include, but is not limited to:

(1) A listing of devices formatted similar to Section 4070, Table 1, proposing the alternate inspection frequency for each specified device type. The alternative plan shall stipulate which device types will be inspected on a regular frequency, a variable frequency, or on the basis of a statistical sampling procedure.

(2) A description of the justification and findings that support the county's request. This includes, but is not limited to:
(A) Evidence of satisfactory and continuing accuracy of weighing and measuring devices that may be affected by the alternative plan;

(B) The alternative activities related to weights and measures that will be performed; and

(C) A description of the added benefits to consumers and businesses in the county.

(b) Once approved by the Secretary, the county sealer shall submit any reports requested by the Secretary regarding implementation of the alternative plan.

(c) The Secretary's approval will remain in effect for five years, after which the alternative plan will expire and all device inspection frequencies will revert to those established in Section 4070, Table 1. Alternative plans approved by the Secretary prior to July 1, 2021, will remain in effect until July 1, 2026.

(d) Notwithstanding subsection (c), the Secretary may withdraw, modify, or terminate the alternative plan at any time it is determined that the provisions of this chapter are not being fulfilled by the county sealer.

(e) If an alternative plan expires, requires modification, or has been withdrawn or terminated, a county sealer may submit a new written request in accordance with subsection (a). The Secretary shall evaluate the county's new request to implement an alternative plan and perform other activities related to weights and measures based upon the county's current resources and needs.

1. Amendment of section heading, repealer and new section and amendment of NOTE filed 4-28-2021; operative 4-28-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 18). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.

Note: Authority cited: Sections 12027 and 12212, Business and Professions Code. Reference: Sections 12210 and 12212, Business and Professions Code.

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