California Health and Safety Code 25214.3.2 – (a) Except as provided in subdivision (b), a person who sells …
(a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to an administrative or civil penalty for a violation of this article if the person proves, by a preponderance of evidence, all of the following:
(1) The person received a certificate of compliance for the jewelry from the manufacturer or supplier.
Terms Used In California Health and Safety Code 25214.3.2
- department: means State Department of Health Services. See California Health and Safety Code 20
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
(2) The certificate of compliance received pursuant to paragraph (1) stated that the jewelry is in compliance with the requirements of this article.
(3) The person relied on the certificate of compliance and did not know, and had no reason to know, that the jewelry was in violation of this article.
(4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the jewelry from commerce.
(b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action.
(Added by Stats. 2008, Ch. 575, Sec. 5. Effective January 1, 2009.)