108075.
(a) For purposes of this section, “department” means the Department of Toxic Substances Control.(b) (1) The department shall enforce and ensure compliance with Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 15 (commencing with Section 109000).
(2) The department shall select and test samples, taking into account a range of manufacturers and types of designated products regulated under all the following:
(A) Chapter 12.5 (commencing with Section 108945), including, but not
limited to, bibs, changing pads, mattress protectors, nursery pillows, pillow protectors, and playmats.
(B) Chapter 13 (commencing with Section 108950), including, but not limited to, consumer and commercial carpet cleaners, dishwasher detergents, floor polishes, laundry detergents, multipurpose cleaners, plugin and spray air fresheners, surface cleaners, and upholstery cleaners.
(C) Chapter 15 (commencing with Section 109000), including, but not limited to, bakery bags, bowls, clamshells, fast food wrappers and containers, food containers, grocery store wrappers and containers, microwave popcorn bags, and soup containers.
(c) (1) If the department’s testing shows that any product is in violation of
one or more of Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 15 (commencing with Section 109000), the department may assess
administrative fines against the manufacturer of the product.
(2) If a person continues to sell or distribute products in commerce in this state belonging to the same stock keeping unit (SKU) as products that do not comply with one or more of Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 15 (commencing with Section 109000) after notice of the violation is posted on the department’s internet website, the department may assess administrative fines against that person for the continued sale or distribution of those products.
(3) The department shall make information about any citation issued pursuant to this section available to the public on its internet website, and shall develop a process for keeping interested persons informed
about updates to notices of violation posted on the department’s internet website.
(d) An administrative fine for a violation of this section shall be assessed in accordance with the following schedule:
(1) The fine for the first violation shall be not less than one thousand dollars ($1,000), but not more than two thousand five hundred dollars ($2,500).
(2) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500), but not more than five thousand dollars ($5,000).
(3) The fine for the third violation shall be not less than five thousand dollars ($5,000), but not more than seven thousand five hundred dollars ($7,500).
(4) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500), but not more than ten thousand dollars ($10,000).
(e) In determining the amount of the administrative fine for a violation of this section, the department shall consider the following factors:
(1) The nature and severity of the violation.
(2) The good or bad faith of the cited person.
(3) The history of previous violations.
(4) Evidence that the violation was willful.
(5) The extent to which the cited person or entity has cooperated with the department.
(f) (1) The department shall adjust all minimum and maximum administrative fines imposed by this section for inflation every five years.
(2) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:
(A) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).
(B) In multiples
of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).
(C) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).
(g) The department shall receive complaints from consumers concerning products regulated by this section sold in this state.
(h) The department may adopt regulatory guidelines to implement uniform standards or criteria guidance to implement, interpret, or make specific this section and
Chapters 12.5 (commencing with Section 108945), 13 (commencing with Section 108950), and 15 (commencing with Section 109000).