The State of California takes the accuracy of weights and measures very seriously in business and commerce.
In fact, under Business & Professions Code 12024 BPC, it is a crime to sell a "false quantity" of any commodity, that is, to represent, price, and sell a commodity as being a certain quantity when it is actually less than the quantity represented.
Simply put, BPC 12024 BPC upholds fairness in commerce by prohibiting the sale of any commodity in a smaller quantity than the seller has represented.
The entire statutory language of BPC 12024 says, "Every person, who by himself or herself, or through or for another, sells any commodity in less quantity than he or she represents it to be is guilty of a misdemeanor, except as provided in Section 12024.3."
A "commodity" can be a natural earth product created by God and bought and sold in commerce, such as oranges, apples, carrots, wheat, gold, coal, and oil. The law also applies to both bulk goods, like grains or liquids, and prepackaged items, such as boxed cereal or bottled water.
Under California law, a commodity refers to any tangible good or product that can be bought or sold. This includes but is not limited to, items like food, natural gas, fuel, raw materials, and other consumer goods.
If you're found guilty of violating this law, you could face fines and jail time. As noted, BPC 12024 states that anyone who, alone or through another person, sells any commodity in less quantity than they represent is guilty of a misdemeanor.
Essentially, this means that if a seller intentionally sells a commodity in a quantity less than what is represented, they are committing a misdemeanor offense.
What Must Be Proven to Convict?
To convict you under BPC 12024, the prosecution must prove several elements of the crime beyond a reasonable doubt:
- Representation: You represented that a certain quantity of a commodity was being sold.
- Sale: You sold the commodity in question.
- Quantity: The actual quantity sold was less than what was represented.
- Intent: You knowingly or willfully misrepresented the quantity.
- Amount of Loss: The total monetary value of the shortage is greater than $2 for an individual prepackaged lot or greater than $10 for a sampling of packages.
Notably, under BPC 12024, an accused is not guilty if they sold someone a lesser quantity of a good by accident. This exception provides relief, as it acknowledges that errors can occur without malicious intent.
What is the Exception to the Rule?
An important caveat to note is outlined in California Business and Professions Code 12024.3 BPC. This section provides that if the commodity in question is prepackaged and the misrepresentation of quantity is not willful, the offense is reduced from a misdemeanor to an infraction.
This distinction is crucial as it acknowledges that errors can occur without malicious intent, especially in the packaging process, and adjusts the severity of the penalty accordingly.
BPC 1204.3 says, "(a) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is a misdemeanor punishable by a fine of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), by imprisonment in the county jail for a period not exceeding one year, or by both, if any of the following occurs:
(1) The violation is willful.
(2) The total monetary value of the shortage, calculated on the basis of the average error of an individual lot, exceeds two dollars ($2), as determined pursuant to regulations adopted pursuant to Section 12211.
(3) The total monetary value of shortages, calculated on the basis of the average error of each individual lot, as determined from a sample of packages selected pursuant to regulations adopted pursuant to Section 12211, within all lots found to violate Section 12024 at a single location, exceeds ten dollars ($10).
(b) For commodities prepackaged and sold or offered for sale on the same premises, a violation of Section 12024 is an infraction, punishable by a fine of not more than one hundred dollars ($100) if the violation is of less monetary value than that specified in subdivision (a) and it is not willful."
What Are Some Examples?
EXAMPLE 1: John operates a fuel distribution company. He receives payment to deliver 3000 gallons of gasoline to a local gas station, but he sends the tanker out with only 2950 gallons. John can be charged under BPC 12024.
EXAMPLE 2: Jenny operates a popular produce stand. To boost her profits, Jenny adjusts her scales so that the quantities sold read slightly heavier than the actual weight. Jenny can be charged with selling false quantities.
EXAMPLE 3: During a random inspection, Bob, a grocery store owner, notices that some of his prepackaged nuts have the amounts and prices mislabeled. He pulls the products off the shelves, but only after several customers have purchased some of the packages. He makes an effort to track down the customers and refund them. Bob will likely not be charged under BPC 12024 because the false quantities were not willful.
What Are Related Crimes?
Several California laws are related to Business & Professions Code 12024 BPC, selling a false quantity, such as the following:
- Business and Professions Code 12024.1 BPC - Misrepresentation of charges. This law makes it a crime for someone to misrepresent the charge for a service. However, to convict, the prosecutor must prove that you, by yourself or through another person, willfully misrepresented a charge for service that was performed on the basis of weight, time, measure, or count. A conviction for this misdemeanor carries up to six months in county jail and a maximum fine of $1,000.
- Business and Professions Code 12024.2 BPC - False pricing. This law makes it a crime to sell a commodity (basic good) at a higher price than it is advertised, marked, or displayed for or to sell a commodity at a higher amount than the lowest price posted on the commodity itself. BPC 12024.2 is a wobblette, meaning it can be charged as either a misdemeanor or an infraction, punishable by a $100 fine.
- Theft by trick or device. It's a crime for someone to use fraud or deceit to obtain possession of money, labor, or real property. If the crime involves theft of property valued at $950 or less, it can be charged as misdemeanor petty theft under Penal Code 484(a) PC. If the property value is more than $950, it can be filed as a grand theft under California Penal Code 487 PC. This a wobbler that that can be filed as a misdemeanor or a felony, which carries up to three years in state prison.
What Are the Penalties for Violating BPC 12024?
Selling false quantities is charged as a misdemeanor offense. If you are convicted, you could face:
- Fines of up to $1000 and
- Up to one year in county jail.
The judge also has the latitude to impose summary probation in lieu of jail time, which may include a number of hours of community service, restitution paid to the victim, etc.
In cases where the exception applies under BPC 12024.3, the charge would be reduced to an infraction, amounting to a fine of up to $100, no jail time, and no criminal record.
What Are the Defenses Against BPC 12024 Charges?
If you are accused of selling false quantities of a commodity under BPC 12024, an experienced California criminal defense attorney may implement several defense strategies to combat the charges against you. These include, but are not limited to:
- Accident: Arguing that the misrepresentation of quantity was an honest mistake and was not intentional. You must have intentionally misrepresented the quantity for BPC 12024 to apply.
- No Sale: For BPC 12024 to apply, the commodity in question must have changed hands. If your attorney can show that you halted the sale of a false quantity before it occurred, you are not guilty of a crime.
- Illegal Search and Seizure: Law enforcement must have probable cause or a warrant to search your store or storehouse. If the alleged misrepresentations were discovered during an unwarranted search, your attorney can argue that any evidence found should be dismissed.
Contact our criminal defense law firm for additional information. Eisner Gorin LLP is based in Los Angeles, CA.
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