2. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 1Introduction MODULE 2Laws & Regulations MODULE 3Enforcement Procedures MODULE 4Legal Action MODULE 5Legal Metrology MODULE 6Field Standards & Test Equipment MODULE 7Basic Weighing / Measuring Principles

3. TRAINING FOR THE WEIGHTS AND MEASURES OFFICIAL COURSE CURRICULUM MODULE 8Device Type Evaluation MODULE 9Weighing Devices MODULE 10Measuring Devices MODULE 11Weighmaster Enforcement MODULE 12Petroleum Products MODULE 13Quantity Control MODULE 14Service Agencies and Agents

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

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

6. 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

7. Laws and Regulations  The Legislative Branch  The Executive Branch  The 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…

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

9. 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.

10. 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) RegulationsRegulations What is a Regulation?

11. Words of Caution to Weights and Measures Officials only  Program manuals and Examination Procedures Outline (EPO) are only guidelines to assist you with your job not  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

12. How Does an Idea Become a Law? IIIIdea or concept SSSSponsor AAAAuthor LLLLegislative Process California State Senate GGGGovernor SSSSecretary of State

13. From Idea to Law

14. The Rulemaking Process

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

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

17. 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

18. Input Sources for Weights and Measures 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

19. SummarySummary 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

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

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