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§ 25600.2. Responsibility to Provide Consumer Product Exposure Warnings.

27 CA ADC § 25600.2BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 27. Environmental Protection
Division 4. Office of Environmental Health Hazard Assessment
Chapter 1. Safe Drinking Water and Toxic Enforcement Act of 1986
Article 6. Clear and Reasonable Warnings
Subarticle 1. General
27 CCR § 25600.2
§ 25600.2. Responsibility to Provide Consumer Product Exposure Warnings.
(a) Section 25249.11 of the Act requires the lead agency to minimize the burden on retail sellers of consumer products, to the extent practicable, when it adopts regulations concerning clear and reasonable warnings, except where the retail seller itself is responsible for introducing a listed chemical into the product.
(b) The manufacturer, producer, packager, importer, supplier, or distributor of a product may comply with this article either by providing a warning on the product label or labeling that satisfies Section 25249.6 of the Act, or by providing a written notice directly to the authorized agent for the business to which they are selling or transferring the product or to the authorized agent for a retail seller, so long as the business to which they are providing the notice is subject to Section 25249.6 of the Act. The written notice shall:
(1) State that the product may result in an exposure to one or more listed chemicals;
(2) Include the exact name or description of the product or specific identifying information for the product such as a Universal Product Code or other identifying designation;
(3) Include all necessary warning materials such as labels, labeling, shelf signs or tags, and warning language for products sold on the internet, that satisfies Section 25249.6 of the Act; and
(4) Be renewed annually during the period in which the product is sold in California by a retail seller.
(c) If the manufacturer, producer, packager, importer, supplier, or distributor of a product is complying with this section by providing a written notice to a business who is subject to Section 25249.6 of the Act, either by providing the written notice to the authorized agent for the business to which they are selling or transferring the product or to the authorized agent for the retail seller:
(1) Confirmation of receipt of the notice and any renewed notices must be received electronically or in writing from the authorized agent to which the manufacturer, producer, packager, importer, supplier, or distributor of the product sent the notice.
(2) Where a business has not designated an authorized agent, the manufacturer, producer, packager, importer, supplier, or distributor may serve the notice on the legal agent for service of process for the business.
(3) An additional notice is required within 90 days when a different or additional chemical name or endpoint (cancer or reproductive toxicity) is included in the warning.
(d) The retail seller is responsible for the placement and maintenance of warning materials, including warnings for products sold over the internet, that the retail seller receives pursuant to subsections (b) and (c).
(e) The retail seller is responsible for providing the warning required by Section 25249.6 of the Act for a consumer product exposure only when one or more of the following circumstances exist:
(1) The retail seller is selling the product under a brand or trademark that is owned or licensed by the retail seller or an affiliated entity;
(2) The retail seller has knowingly introduced a listed chemical into the product, or knowingly caused a listed chemical to be created in the product;
(3) The retail seller has covered, obscured or altered a warning label that has been affixed to the product pursuant to subsection (b);
(4) The retail seller has received a notice and warning materials for the exposure pursuant to subsections (b) and (c) and the retail seller has sold the product without conspicuously posting or displaying the warning; or
(5) The retail seller has actual knowledge of the potential consumer product exposure requiring the warning, and there is no manufacturer, producer, packager, importer, supplier, or distributor of the product who:
(A) Is a “person in the course of doing business” under Section 25249.11(b) of the Act, and
(B) Has designated an agent for service of process in California, or has a place of business in California.
(f) For purposes of subsection (e)(5):
(1) “Actual knowledge” means the retail seller receives information from any reliable source that allows it to identify the specific product or products that cause the consumer product exposure. Such knowledge must be received by the retail seller, its authorized agent or a person whose knowledge can be imputed to the retail seller.
(2) Where the source of a retail seller's knowledge is a notice pursuant to Section 25249.7(d)(1) of the Act, the retail seller shall not be deemed to have actual knowledge of any consumer product exposure alleged in the notice until five business days after the retail seller receives the notice. The notice must provide sufficient specificity for the retail seller to readily identify the product or products subject to the notice, in accordance with Article 9, section 25903(b)(2)(D).
(g) The retail seller of a product that may cause a consumer product exposure shall promptly provide the name and contact information for the manufacturer, producer, packager, importer, supplier, and distributor of the product to the following persons on written request, to the extent that this information is reasonably available to the retail seller:
(1) The lead agency;
(2) The Attorney General, any district attorney, or any city attorney or city prosecutor with authority to bring an action under the Act; or
(3) Any person who has served notice under Section 25249.7(d)(1) of the Act alleging that the consumer product causes an exposure that requires a warning under the Act.
(h) A person or entity making a written request pursuant to subsection (g) must provide a description of the product with sufficient specificity for the retail seller to readily identify the product in accordance with Article 9, section 25903(b)(2)(D).
(i) Provided that the consumer receives a warning that meets the requirements of Section 25249.6 of the Act prior to exposure, the manufacturer, producer, packager, importer, supplier, or distributor of a product that may cause a consumer product exposure may enter into a written agreement with the business to which they are selling or transferring the product to allocate legal responsibility among themselves for providing a warning for the product, which shall bind the parties to that agreement and which shall supersede the requirements of subsections (b), (c), (d), and (e).
Note: Authority cited: Section 25249.12, Health and Safety Code. Reference: Sections 25249.6, 25249.7 and 25249.11(f), Health and Safety Code.
HISTORY
1. New section filed 8-30-2016; operative 8-30-2018 pursuant to Government Code section 11343.4(b)(2) (Register 2016, No. 36).
2. Change without regulatory effect amending subsections (a), (b)(3) and (d) filed 1-9-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 2).
3. Amendment of subsections (b), (b)(4), (c) and (c)(1) filed 11-20-2017; operative 8-30-2018 pursuant to Government Code section 11343.4(b)(2) (Register 2017, No. 47).
4. Change without regulatory effect amending section heading filed 8-30-2018 pursuant to section 100, title 1, California Code of Regulations (Register 2018, No. 35).
5. Amendment of subsections (b) and (b)(3)-(c)(1), new subsection (c)(2), subsection renumbering, amendment of subsection (f), new subsections (f)(1)-(2) and amendment of subsection (i) filed 12-31-2019; operative 4-1-2020 (Register 2020, No. 1).
This database is current through 5/22/20 Register 2020, No. 21
27 CCR § 25600.2, 27 CA ADC § 25600.2
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