California Code of Regulations
Title 4 - Business Regulations
Division 9 - Division of Measurement Standards, Department of Food and Agriculture
Chapter 4 - Registration of Service Agencies for Commercial Weighing and Measuring Devices
Section 4085 - Responsibility of a Service Agency

Universal Citation: 4 CA Code of Regs 4085

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

(a) Each service agency shall be responsible for compliance with the following:

(1) Repairing or Placing Devices into Service. -- Each service agency shall place into service, upon installation or following repair, a device in such a manner that it meets all the requirements of Division 5 of the California Business and Professions Code and all the requirements of the California Code of Regulations, Title 4, Division 9. Weighing or measuring devices which are not "correct", as defined by Section 12500(c) of the Business and Professions Code, shall not be placed into service.

(2) Notice to County Sealer of Repairing or Placing of Device into Service by Service Agency. -- Each service agency shall notify the county sealer of the repairing or placing in service of any device. The notice shall be in writing, and transmitted to the county sealer within the 24-hour period following the repair, except as provided by Business and Professions Code Section 12515(b).

The notification shall include the following minimum identifying information;

(i) Name and address of service agency.

(ii) Location of device(s). Name and address, including if available the unique identifier used by the business (e.g., pump or checkstand number).

(iii) Name of service agent.

(iv) Date of adjustment, repair, placing, or replacing into service.

(v) Name of device manufacturer(s).

(vi) Model designation(s) and serial number(s) of the device(s).

(vii) On new installations, the National Institute of Standards and Technology or National Conference on Weights and Measures Certificate of Conformance number(s) for each separately approved component or device, if marked on the component or device.

(3) Security Seal. -- Service agents shall replace a security seal on any adjustment mechanism where the seal was required to be removed for service, repair, or installation. Before placing a device into service, service agents shall install a security seal on any adjustment mechanism designed to be sealed.

(4) Identification of Service Agency Work. -- Service agents shall identify their work on each device by applying an adhesive tag or label in a conspicuous location on the device. The adhesive tag or label shall show the name, registration number and business telephone number of the service agency, the license number of the service agent performing the work, and the date. Any security seal required pursuant to Section 12107 of the California Business and Professions Code shall show the registration number of the service agency and the year the security seal was placed on the device.

(5) Certificate of Accuracy of Standards. -- A service agency shall, on request from a sealer, show a copy of the certification of accuracy for the standards used to place a device into service.

1. New section filed 3-13-89; operative 4-12-89 (Register 89, No. 12).
2. Repealer and new section filed 10-23-2000; operative 10-23-2000 pursuant to Government Code section 11343.4(d) (Register 2000, No. 43).

Note: Authority cited: Sections 12027 and 12107, Business and Professions Code. Reference: Sections 12515(a), 12531, 12532(h) and 12533, Business and Professions Code.

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