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Extracted from Consolidated Report

This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.

Los Angeles County Grand Jury • 2016-2017

18. Are You Getting Less Than What You Pay For?

12 pages
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Findings 17 findings

F1 Page 301
The County is mandated to “weigh or measure packages, containers, or amounts of commodities sold or in the process of delivery. . .”27 in order to protect our citizenry from unscrupulous packagers of commodities.
F2 Page 301
Due to lack of funding, Weights & Measures is unable to adequately perform package inspections, as required by California Business & Professions §12211.
F3 Page 301
Extremely small sampling inspections, by Weights & Measures have revealed gross package shortages.
F4 Page 301
In order to properly protect our consumers, Weights & Measures needs to perform a one day inspection annually at every business location within the County that packs, imports, warehouses or distributes more than 10,000 packages or containers per year. California Business and Professions Code §12211 276 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT
F5 Page 298
Weights & Measures currently has only two Quantity Control Inspectors. This is inadequate to protect our population of 10 million. The Department needs to add at least 10 more Quantity Control Inspectors.
F6 Page 302
All surrounding counties in the State are meeting their mandated obligations under California Business & Professions Code §12211. These counties have ordinances in place which allow them to raise revenue to pay for the cost of their package inspection programs28.
F7 Page 302
The County needs to have a Package Inspection Program which will assure that inspections are done on a regular basis so as to protect the consumers of Los Angeles County. A Package Inspection Program needs to be funded in order to have the necessary personnel on staff to carry it out.
F8 Page 302
Weights & Measures has previously attempted to have an ordinance created which would allow for a package permit registration and tariff to be required by every “identified location”. County Counsel opined that the County is prohibited from creating such an ordinance per Government Code §54985(c)(4). The CGJ believes that interpretation of §54985(c)(4) needs to be revisited in light of findings 6, 9 and 10.
F9 Page 302
Los Angeles County Department of Agriculture and the Department of Weights & Measures were separate departments until they merged in 1984. Each of these departments stands independently as to functions and statutory mandates.
F10 Page 302
The Agriculture Commissioner in Los Angeles County wears two hats: (1) “Agriculture Commissioner” and (2) “Director of Weights and Measures” also known as the “County Sealer”. This occurred as a result of the 1984 merger of the two County Departments of Agriculture and Weights & Measures. Although together they are one department today, the two Bureaus stand independently as to functions and statutory mandates.
F11 Page 302
Currently Weights & Measures is responsible for their own outreach on packaging shortages. Weights & Measures has the information available on their website. This Department is virtually unknown to the public, hence there are almost no complaints regarding quantity issues or discrepancies. There is no active outreach exposing this issue to consumers. The CGJ believes that with proper exposure to the issue of shortages, public support would skyrocket, hence reining in the abuses that are occurring by packagers.
F12 Page 302
Consumer & Business Affairs does not provide outreach or information regarding commodity packaging shortages to the public. Consumer & Business Affairs does provide information on pricing inconsistencies and is mandated by County Ordinance to take the 28 San Bernardino County Code of Ordinances Title 4 Chap 22 §41.2201(a)-§41.2211, and §16.0201(d)(2); Santa Barbara County Code of Ordinances Chapter 34c, Sec 34c-1 to Sec 34c-10; Riverside County Ordinance No. 832 in its entirety; Ventura County Ordinance Art 9.5§6297-1 to 6297-7 2016-2017 LOS ANGELES COUNTY CIVIL GRAND JURY FINAL REPORT 277 reins during emergencies to provide outreach relative to price gouging. In the opinion of the CGJ the correct department to handle the outreach on commodity packaging shortage issues is Consumer & Business Affairs.
F13 Page 303
The County’s Help Line 211 and the City of Los Angeles Information Services 311 do not have information regarding packaging shortages and registering complaints in their databases. The CGJ believes this information needs to be supplied to both services so that residents of the County can be properly directed to the correct department.
F14 Page 303
Los Angeles County Code of Ordinance Chapter 8.08 covers “Consumer Commodity Retail Pricing”. Section 8.08.040(B) codifies the remedy an individual has against an establishment due to a violation of item pricing laws. There is no similar ordinance for violations of packaging shortages. Consumers of Los Angeles County have a right to have their remedy for package shortages codified so as to pursue an action on their own.
F15 Page 300
Los Angeles County Code of Ordinance Section 8.08.040(B) codifies the remedy an individual has against an establishment due to a violation of item pricing laws, e.g. $50. This ordinance was last updated in 1980 and should currently be brought in line with 2017 dollars, which is $147.82.29
F16 Page 303
Jurisdiction for pursuing consumer lawsuits relative to packaging shortages is equally shared by the State, counties and cities. Since the prosecuting agency that chooses to handle a case is solely based on the commitment and dedication of that agency toward consumer protection, the CGJ feels that Weights & Measures should seek all legal avenues in referring out cases. Data Management System
F17 Page 300
Weights & Measures does not have a data management system in use by their field inspectors. Approximately 83% of field inspector’s time can be saved writing inspection reports. This would save the County money in labor and allow the Department to hire more field inspectors with the savings. VI

Recommendations 7