California Health and Safety Code 25214.22 – (a) Except as provided in subdivision (b), a person who offers …
(a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component that includes a regulated metal shall not be subject to any 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 package or packaging component from the manufacturer or supplier.
Terms Used In California Health and Safety Code 25214.22
- 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 package or packaging component is in compliance with the requirements of this article.
(3) The person relied on the certificate of compliance and did not know or had no reason to know that the package or packaging component 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 package or packaging component 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 to be 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. 16. Effective January 1, 2009.)