(Bill No. 679, Ord. No. 3.04142 (C.S.), Sec. 7; repealed by Ord. 140-25, File No. 250606, App. 8/1/2025, Eff. 9/1/2025)

SEC. 1.13-1. REGISTRATION FEES – STRUCTURAL PEST CONTROL OPERATORS, PEST
CONTROL OPERATORS AND ADVISERS.

New Ordinance Notice

Publisher's Note: This section has been AMENDED by new legislation (Ord. 140-25, approved 8/1/2025, effective 9/1/2025). The text of the amendment will be incorporated under the new section number when the amending legislation is effective.

Pursuant to the California Food and Agricultural Code, Sections 11734, 12034, 15204 and 15204.5, giving the Board of Supervisors authority to establish reasonable fees for registration of Structural Pest Control Operators, Pest Control Operators and Pest Control Advisers, the fees to be charged

are:

$25 for Branch 1 Fumigation Structural Pest Control Operator.

$10 for Branch 2 or 3 Fumigation Structural Pest Control Operator.

$50 for Agricultural Pest Control Operators.

$25 for Maintenance Gardeners.

$10 for a resident Agricultural Pest Control Adviser, and

$5 for a nonresident Agricultural Pest Control Adviser.

(Added by Ord. 177-80, App. 5/2/80; amended by Ord. 359-88, App. 8/5/88; Ord. 176-10, File No. 100718, App. 7/23/2010; Ord. 140-25, File No. 250606, App. 8/1/2025, Eff. 9/1/2025)

The President of the Board of Supervisors is hereby authorized to execute an annual contract between the Director of Agriculture of the State of California and the Board of Supervisors of the City and County for services for enforcement of State standards for shell eggs and enforcement of federal surveillance program for shell eggs as provided in Section 40531 and 40532 of the Agricultural Code of the State of California.

(Added by Ord. 202-72; App 7/13/72)

The President of the Board of Supervisors is hereby authorized to execute all contracts between the City and County of San Francisco and the California Department of Pesticide Regulations, the California Department of Food and Agriculture and any other State agencies with jurisdiction over agricultural and/or pesticide-related activities for the performance of such activities by or under the jurisdiction of the San Francisco County Agricultural Commissioner.

(Added by Ord. 581-80, App. 12/19/80; amended by Ord. 362-91, App. 10/14/91; Ord. 347-95, App. 11/13/95; Ord. 483-96, App. 12/20/96)

The President of the Board of Supervisors is hereby authorized to execute an annual contract between the Director of Food and Agriculture of the State of California and the Board of Supervisors of the City and County of San Francisco for inspection of nursery stock at producers, and retail nursery locations in San Francisco.

(Added by Ord. 128-83, App. 3/11/83)

(a) Registration and Fee Requirement. All weighing and measuring devices used for commercial purposes, as defined in California Business and Professions Code Section 12500, subdivision (e), shall be registered annually with the County Sealer of Weights and Measures (“County Sealer”). A registration may not be transferred between persons or locations. The fee charged by the County Sealer for such registration shall be used to offset the costs of inspecting and testing of said devices pursuant to California Business and Professions Code Section 12240 and to recover the cost of carrying out California Business and Professions Code Section 12211. The initial fee shall be due and payable immediately upon the commencement of the commercial use of the device. Thereafter, the fee shall be due and payable annually on or before March 31, pursuant to Section 76.1 of Article 2 of the Business and Tax Regulations Code for the upcoming registration term commencing April 1.

(b) Calculation of Fee. The amount of the fee shall be set to recover the total costs of in- spection and testing incurred by the County Sealer for each annual registration, but shall not exceed the maximum annual charges authorized under California Business and Professions Code Section 12240. Each registration fee shall include a business location fee component; a device fee component; and a State of California adminis- trative charge. The registration fee shall be according to the following schedule:

(1) Beginning January 1, 2013, and through and including annual registration years beginning on or before March 31, 2026, the registration fee shall be $100 per business location, plus a device fee listed in subsections (1)(A) through (1)(K) below.

(A) For large capacity weighing devices, other than livestock, with capacities of 10,000 pounds or greater, the device fee shall not exceed $250 per device.

(B) For smaller capacity weighing devices, other than livestock scales, with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed $150 per device.

(C) For livestock scales with capacities of 10,000 pounds or greater, the device fee shall not exceed $150 per device.

(D) For livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed $100 per device.

(E) For liquefied petroleum gas meters, truck mounted or stationary, the device fee shall not exceed $185 per device.

(F) For wholesale and vehicle meters, the device fee shall not exceed $75 per device.

(G) For computing scales, the device fee shall not exceed $23 per device. For purposes of this subsection (G), a computing scale shall be a weighing device with a capacity of less than 100 pounds that indicates the money value of any commodity weighed, at predetermined unit prices, throughout all or part of the weighing range of the scale. For the purposes of this subsection, the portion of the annual registration fee consisting of the business location fee and the device fees authorized by this subsection shall not exceed the sum of $1,000 for each business location.

(H) For jewelry and prescription scales, the device fee shall not exceed $80 per device. For purposes of this subsection (H), a jewelry or prescription scale is a scale that meets the specifications, tolerances, and sensitivity established pursuant to California Business and Professions Code Section 12107.

(I) For weighing devices, other than computing, jewelry, and prescription scales, as defined in subsections (G) and (H), with capacities of at least 100 pounds, but less than 2,000 pounds, the device fee shall not exceed $50 per device.

(J) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions or in computing other charges for service, including, but not limited to, ambulance, towing, or limousine services, the device fee shall not exceed $60 per device.

(i) This subsection (J) does not apply to odometers in rental passenger vehicles, as defined by California Vehicle Code Section 465, that are subject to California Civil Code Sections 1939.01 et seq. If a person files a complaint with the County Sealer regarding the accuracy of a rental passenger vehicle odometer, the County Sealer may charge a fee to the operator of the vehicle rental business sufficient to recover, but not to exceed, the reasonable cost of testing the device in investigation of the complaint.

(ii) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions involving nonpassenger vehicles that are not subject to California Civil Code Sections 1939.01 et seq., the portion of the annual registration fee consisting of the business location fee and the device fee authorized under this subsection (J) shall not exceed $340 for each business location.

(K) For all other commercial weighing or measuring devices not listed above in this subsection (b)(1), the device fee shall not exceed $20 per device. For purposes of this subsection (K), the total annual registration fee shall not exceed the sum of $1,000 for each business location.

(2) For annual registration years beginning on or after April 1, 2026, the registration fee shall be $0 per business location, plus a device fee listed in subsections (2)(A) through (2)(K) below.

(A) For large capacity weighing devices, other than livestock, with capacities of 10,000 pounds or greater, the device fee shall not exceed $250 per device.

(B) For smaller capacity weighing devices, other than livestock scales, with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed $150 per device.

(C) For livestock scales with capacities of 10,000 pounds or greater, the device fee shall not exceed $150 per device.

(D) For livestock scales with capacities of at least 2,000 pounds but less than 10,000 pounds, the device fee shall not exceed $100 per device.

(E) For liquefied petroleum gas meters, truck mounted or stationary, the device fee shall not exceed $185 per device.

(F) For wholesale and vehicle meters, the device fee shall not exceed $75 per device.

(G) For computing scales, the device fee shall be $0 per device. For purposes of this subsection (G), a computing scale shall be a weighing device with a capacity of less than 100 pounds that indicates the money value of any commodity weighed, at predetermined unit prices, throughout all or part of the weighing range of the scale.

(H) For jewelry and prescription scales, the device fee shall not exceed $80 per device. For purposes of this subsection (H), a jewelry or prescription scale is a scale that meets the specifications, tolerances, and sensitivity established pursuant to California Business and Professions Code Section 12107.

(I) For weighing devices, other than computing, jewelry, and prescription scales, as defined in subsections (2)(G) and (2)(H), with capacities of at least 100 pounds, but less than 2,000 pounds, the device fee shall be $0 per device.

(J) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions or in computing other charges for service, including, but not limited to, ambulance, towing, or limousine services, the device fee shall not exceed $60 per device.

(i) This subsection (J) does not apply to odometers in rental passenger vehicles, as defined by California Vehicle Code Section 465, that are subject to California Civil Code Sections 1939.01 et seq. If a person files a complaint with the County Sealer regarding the accuracy of a rental passenger vehicle odometer, the County Sealer may charge a fee to the operator of the vehicle rental business sufficient to recover, but not to exceed, the reasonable cost of testing the device in investigation of the complaint.

(ii) For vehicle odometers utilized to charge mileage usage fees in vehicle rental transactions involving nonpassenger vehicles that are not subject to California Civil Code Sections 1939.01 et seq., the portion of the annual registration fee consisting of the business location fee and the device fee authorized under this subsection (J) shall not exceed $340 for each business location.

(K) For all other commercial weighing or measuring devices not listed above in this subsection (b)(2), the device fee shall be $0 per device.

(c) Business Locations. For purposes of this Section 1.13-5, a single business location is defined as:

(1) each vehicle, except for those vehicles that are employed in vehicle rental transactions containing one or more commercial devices; or,

(2) (A) for vehicles that are employed in vehicle rental transactions that are not subject to California Civil Code Sections 1939.01 et seq., each business location at which vehicles are stored or maintained by a vehicle rental company for the purposes of renting vehicles to customers.

(B) A facility that meets all of the following criteria shall not be considered a business location for the purposes of this subsection (c)(2):

(i) The facility is not wholly, or in any part, owned, leased, or operated by the vehicle rental company.

(ii) The facility is not operated or staffed by an employee of the vehicle rental com- pany.

(iii) The facility stores or main- tains, on a temporary basis, vehicles at the loca- tion for customer convenience.

If a person files a complaint with the County Sealer regarding the accuracy of an odometer in a vehicle found or located at a facility described in this subsection (c)(2)(B), the County Sealer may charge a fee to the operator of the vehicle rental company sufficient to recover, but not to exceed the reasonable cost of testing the device in investigation of the complaint; or,

(3) each business location that uses different categories or types of commercial devices that require the use of specialized testing equipment and that necessitates not more than one inspection trip by a Weights and Measures official.

(d) Utility Meters. For marinas, mobile home parks, recreational vehicle parks, and apartment complexes, where the owner of the marina, park, or complex owns and is responsible for the utility meters, the device fee shall not exceed the following:

(1) For water submeters, $2 per device per space or apartment.

(2) For electric submeters, $3 per device per space or apartment.

(3) For vapor submeters, $4 per device per space or apartment.

Marinas, mobile home parks, recreational vehicle parks, and apartment complexes, for which the above fees are assessed, shall be inspected and tested as frequently as required by California Code of Regulations, title 4, Section 4070.

(e) State of California Fees. In addition to the fees set forth above, the California Code of Regulations, title 4, Section 4075, requires each County Sealer to collect the fees therein, as amended from time to time, on behalf of the California Department of Food and Agriculture (“CDFA”) for recovery of CDFA’s administrative costs, and to remit these funds to CDFA.

(f) Rules and Regulations. The County Sealer shall promulgate such rules and regulations as are reasonable and necessary to implement this Section 1.13-5.

(g) Penalties. Fees in subsection (a) for registrations effective on or after April 1, 2022, shall be subject to the penalties under Section 76.1 of Article 2 of the Business and Tax Regulations Code.

(h) Waiver of Fees for Businesses with Taximeter Devices. The business location fee and device fee components of the annual registration fees billed by the Tax Collector on or after January 1, 2019 shall be waived for each business with a taximeter device.

(Amended by Ord. 20-86, App. 2/7/86; Ord. 236-88, App. 6/10/88; Ord. 421-94, 12/23/94; Ord. 30-06, File No. 060030, App. 2/23/2006; Ord. 175-10, File No. 100717, App. 7/23/2010; Ord. 81- 13, File No. 130132, App. 5/15/2013, Eff. 6/14/2013; Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; Ord. 170-21, File No. 210938, App. 10/15/2021, Eff. 11/15/2021, Retro. 11/1/2021; Ord. 279-24, File No. 240926, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/1/2025)

The Sealer of Weights and Measures is hereby authorized to execute an annual agreement between the Director of Agriculture of the State of California and the City and County of San Francisco to provide services for quantity control of prepackaged items and maintain a viable weights and

measures program.

(Added by Ord. 314-87, App. 7/17/87; amended by Ord. 57-89, App. 3/9/89)

The President of the Board of Supervisors is hereby authorized to execute an annual contract between the Director of Agriculture of the State of California and the Board of Supervisors of the City and County of San Francisco to provide services for inspection of kosher food records.

(Added by Ord. 328-87, App. 7/31/87)

The Sealer of Weights and Measures is hereby authorized to execute an annual agreement between the Director of Agriculture of the State of California and the City and County of San Francisco to provide services for inspection of establishments that sell or distribute petroleum products.

(Added by Ord. 57-89, App. 3/9/89)

The President of the Board of Supervisors or his or her designee is hereby authorized to execute an annual contract between the City and County of San Francisco and the California Department of Food and Agriculture to authorize the County Agricultural Commissioner-Sealer of Weights and Measures to perform exotic pest detection and trapping on behalf of the State of California.

(Added by Ord. 318-96, App. 8/8/96; amended by Ord. 187-04, File No. 040759, App. 7/22/2004)