Chapter 2 Product Recall Safety and Protection Act
Chapter 4 California Hazardous Substances Act
Chapter 5 Consumer Products
Chapter 6 Poison Prevention Packaging Act
Chapter 7 Children’s Poison Prevention Packaging Act
Chapter 8 Label Requirements
Chapter 9 Control of Lead Release From Tableware
Chapter 10 Polybrominated Diphenyl Ethers
Chapter 11 Phthalates in Products for Young Children
Chapter 12 Bisphenol A
Chapter 13 Cleaning Product Right to Know Act of 2017

Terms Used In California Codes > Health and Safety Code > Division 104 > Part 3

  • Acquisition: means the acquiring of any interest in real property. See California Health and Safety Code 108170
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • agent: means the agent or employee of the owner of the damaged or destroyed property, any county or city predator control officer, any employee of the Animal Damage Control Section of the United States Department of Agriculture, any departmental personnel, or any authorized or permitted houndsman registered with the department as possessing the requisite experience and having no prior conviction of any provision of this code or regulation adopted pursuant to this code. See California Health and Safety Code 108710
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beer dispensing equipment: means any machine, tool, or implement used in the operation of dispensing beer. See California Health and Safety Code 108600
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bird: means a wild bird or part of a wild bird. See California Government Code 51920
  • Board: means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code. See California Education Code 1207
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes "city and county. See California Education Code 25018.6
  • Closed season: means that period of time during which the taking of birds, mammals, fish, amphibians, or reptiles is prohibited. See California Government Code 51923
  • Commercial dealer: means any person who deals in products or who otherwise by his or her occupation holds himself or herself out as having knowledge or skill peculiar to products, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing into the stream of commerce, a product. See California Insurance Code 10192.4
  • Commercial establishment: means any owner or operator of a business that uses beer dispensing equipment. See California Health and Safety Code 108600
  • Commission: means the Fish and Game Commission, and "commissioner" means a member of the Fish and Game Commission. See California Government Code 51924
  • Commissioner: means the Insurance Commissioner of this State. See California Education Code 25022.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conservation easement: means a conservation easement, as defined by Section 815. See California Education Code 1207
  • Conviction: A judgement of guilt against a criminal defendant.
  • County: includes "city and county. See California Education Code 17389
  • County: includes "city and county. See California Education Code 1915
  • County: includes city and county. See California Government Code 51925
  • County: includes city and county. See California Education Code 18556
  • County: includes city and county. See California Education Code 24937
  • County: includes "city and county. See California Education Code 25018.5
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the State Department of Health. See California Health and Safety Code 108680
  • Department: means the Department of Fish and Wildlife. See California Government Code 51928
  • department: means State Department of Health Services. See California Education Code 24943
  • Director: means the Director of Fish and Wildlife. See California Government Code 51929
  • Director: means "State Director of Health Services. See California Education Code 24944
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • End consumer: means a person who purchases a product for any purpose other than resale. See California Insurance Code 10192.4
  • engineer: means the Director of Transportation, the Director of Water Resources, the Director of General Services, or a deputy or other person authorized by any such officer, and every county engineer, county surveyor, county highway engineer, road commissioner, city engineer, commissioner of public works, superintendent of streets, harbor engineer, flood control engineer, the engineer of any board or commission of the state, the engineer of any board or commission of any city, and the engineer of any reclamation, irrigation, or other district or political subdivision or agency of the state. See California Insurance Code 251
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • federal act: means the Federal Hazardous Substances Act (74 Stats. See California Health and Safety Code 108120
  • Federal act: means the Poison Prevention Packaging Act of 1970 (15 U. See California Health and Safety Code 108680
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Felony: A crime carrying a penalty of more than a year in prison.
  • First seller: means any retailer selling a product that has not been used or has not previously been owned. See California Insurance Code 10192.4
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means a wild fish, mollusk, crustacean, invertebrate, amphibian, or part, spawn, or ovum of any of those animals. See California Government Code 51930
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign: means not organized under the laws of this State, whether or not admitted. See California Education Code 32032
  • Fund: means the Wildlife and Natural Areas Conservation Fund created pursuant to Section 2720. See California Health and Safety Code 108170
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Highly rare: means a worldwide rarity in which any species or natural community occurs in 50 or fewer locations, irrespective of whether the species or any species in the community is listed as threatened or endangered or was previously listed as rare. See California Health and Safety Code 108170
  • Host jurisdiction: means the city or county in which the site is located and which has the authority to take action regarding the site pursuant to Title 7 (commencing with Section 65000) of the Government Code. See California Public Resources Code 40506
  • Household: means any product used under any of the following circumstances:

    California Insurance Code 10192.81

  • Household substance: means any substance that is customarily produced or distributed for sale for consumption or use, or customarily stored by individuals in or about the household and is one of the following:

    California Health and Safety Code 108680

  • Importer: means any person who brings into this country, and places into the stream of commerce, a product. See California Insurance Code 10192.4
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Individual user of an illegal controlled substance: means the individual whose use of a specified illegal controlled substance is the basis of an action brought under this division. See California Education Code 19600
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Labeling: means all labels and other written, printed, or graphic matter upon any household substance or its package, or accompanying the substance. See California Health and Safety Code 108680
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquid: means a liquid preparation that flows readily in its natural state at room temperature containing one or more soluble chemical substances usually dissolved in water or other solvents. See California Insurance Code 10192.81
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means any city, county, special district, or other public entity in the state. See California Health and Safety Code 9646
  • Local public agency: means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. See California Education Code 1207
  • Mammal: means a wild or feral mammal or part of a wild or feral animal, but not a wild, feral, or undomesticated burro. See California Government Code 51934
  • Manufacturer: means any person who makes, and places into the stream of commerce, a product. See California Insurance Code 10192.4
  • Marketing of illegal controlled substances: means the possession for sale, sale, or distribution of a specified illegal controlled substance, and shall include all aspects of making such a controlled substance available, including, but not limited to, its manufacture. See California Education Code 19600
  • Mile: means either a statute mile (5,280 feet) or a nautical mile (6,077 feet) depending on the application. See California Government Code 51936
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural community: means a distinct, identifiable, and recurring association of plants and animals that are ecologically interrelated. See California Health and Safety Code 108170
  • Net: means any gear made of any kind of twine, thread, string, rope, wire, wood, or other materials used for the gilling, entangling, trapping, or impounding of fish. See California Government Code 51937
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit organization: means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources. See California Education Code 1207
  • Nonresident: means a person who is not a resident as defined in Section 70. See California Government Code 51938
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Package: means the immediate container or wrapping in which any household substance is contained for consumption, use, or storage by individuals in or about the household, and, for purposes of household substances, also means any outer container or wrapping used in the retail display of any such substance to consumers. See California Health and Safety Code 108680
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Education Code 25022
  • Person: includes any person, firm, partnership, association, corporation, company, limited liability company, syndicate, estate, trust, business trust, or organization of any kind. See California Education Code 18561
  • Person: means any natural person or any partnership, corporation, limited liability company, trust, or other type of association. See California Government Code 51941
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Education Code 19426
  • Person: means a natural person, firm, corporation, limited liability company, or association, or an employee or agent thereof. See California Insurance Code 10192.4
  • Person: means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See California Education Code 19600
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Education Code 24942
  • Personal property: All property that is not real property.
  • Place of illegal activity: means , in relation to the individual user of an illegal controlled substance, each county in which the individual illegally possesses or uses an illegal controlled substance during the period of the individual's use of an illegal controlled substance. See California Education Code 19600
  • Place of participation: means , in relation to a defendant in an action brought under this division, each county in which the person participates in the marketing of illegal controlled substances during the period of the person's participation in the marketing of illegal controlled substances. See California Education Code 19600
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Education Code 17389
  • Product: means any article, or component part thereof, produced or distributed (1) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (2) for personal use, consumption, or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. See California Insurance Code 10192.4
  • Property: means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. See California Education Code 1207
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • public work: means the construction of any bridge, road, street, highway, ditch, canal, dam, tunnel, excavation, building or structure within the State by day's labor or force account. See California Insurance Code 252
  • Purchase: means "buy" as defined in Section 24. See California Government Code 51942
  • Qualified property: means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing. See California Education Code 1207
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recall: includes a voluntary recall where a product is returned to the manufacturer for repair or replacement, usually due to defects or safety concerns, or public notice that a product is defective and must be returned to the manufacturer or retailer. See California Insurance Code 10192.4
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Resident: means residing in this State, "nonresident" means not residing in this State. See California Education Code 32040
  • Resident: means any person who has resided continuously in the State of California for six months or more immediately prior to the date of his application for a license or permit, any person on active military duty with the Armed Forces of the United States or auxiliary branch thereof, or any person enrolled in the Job Corps established pursuant to Section 2883 of Title 29 of the United States Code. See California Government Code 51943
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Retail distributor: means any person engaged in the manufacture, rental, lease, sale, or distribution of beer dispensing equipment. See California Health and Safety Code 108600
  • Retailer: means any person other than a manufacturer, distributor, or wholesaler who sells, distributes, sublets, or leases consumer goods of any kind. See California Insurance Code 10192.4
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • sale: means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means. See California Insurance Code 10192.4
  • season: means "open season. See California Government Code 51939.2
  • Sell: includes offer or possess for sale, barter, exchange, or trade. See California Government Code 51945
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Special packaging: means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for normal adults to use properly, but does not mean packaging that all such children cannot open or obtain a toxic or harmful amount of within a reasonable time. See California Health and Safety Code 108680
  • Species: means the fundamental biological unit of plant and animal classification that comprises a subdivision of a genus, but for the purposes of this chapter, "species" also includes the unit of a subspecies. See California Health and Safety Code 108170
  • Specified illegal controlled substance: means cocaine, phencyclidine, heroin, or methamphetamine and any other illegal controlled substance the manufacture, cultivation, importation into this state, transportation, possession for sale, sale, furnishing, administering, or giving away of which is a violation of Section 11351, 11351. See California Education Code 19600
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 24935
  • Spouse: includes "registered domestic partner" as required by Section 297. See California Education Code 25018.1
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 32033
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Education Code 17389
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 51950
  • State: means the State of California, unless applied to the different parts of the United States. See California Education Code 25000.5
  • State agency: means any public entity created by statute within the Resources Agency. See California Education Code 1207
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Government Code 51944
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Toxic household product: means any substance or mixture of substances that are customarily produced or distributed for sale for use in or about the household, or are customarily stored by individuals in or about the household, and the substance or mixture of substances have the capacity to produce significant personal injury or illness to humans when orally ingested in moderate amounts. See California Insurance Code 10192.81
  • Toy: as used in this article , means an article designed and made for the amusement of a child or for his or her use in play. See California Health and Safety Code 108550
  • Transport: includes offer or receive for transportation. See California Government Code 51952
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • wholesaler: means any person, other than a manufacturer or retailer, who sells or resells, or otherwise places into the stream of commerce, a product. See California Insurance Code 10192.4
  • Wildlife: means and includes all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. See California Government Code 52001
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writing: includes printing and typewriting. See California Education Code 17389
  • Writing: includes any form of recorded message capable of comprehension by ordinary visual means. See California Education Code 18535