Health & Saf. Code, § 25214.3.2 · Article 10.1.1. Metal-Containing Jewelry
Health & Saf. Code, § 25214.3.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
(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.
Notes and commentary — not statutory text
History
Added by Stats. 2008, Ch. 575, Sec. 5. Effective January 1, 2009.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=25214.3.2.
- Text hash
- sha256 b3e2cc0e5c41cf932d222e4fb0ec9719bef8a3afd0166a8dac35276be1545e49
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.