§ 25600.2. Responsibility to Provide Consumer Product Exposure Warnings.
27 CA ADC § 25600.2Barclays Official California Code of Regulations
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:
(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) “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:
(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).
Credits
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 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 27, § 25600.2, 27 CA ADC § 25600.2
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