108320. The department may adopt regulations regarding hazardous
substances as it determines are necessary to adequately enforce and
administer this chapter. Any violation of the regulations shall be
deemed to be a violation of this chapter.
108325. Whenever in the judgment of the department the action will
promote the objectives of this chapter by avoiding or resolving
uncertainty as to its application, the department may by regulation
declare to be a hazardous substance, for the purpose of this chapter,
any substance or mixture of substances that it finds meet the
requirements of Section 108125.
108330. If the department finds that the requirements of Section
108200 are not adequate for the protection of the public health and
safety in view of the special hazard presented by any particular
hazardous substance, it may by regulation establish reasonable
variations or additional label requirements as it finds necessary for
the protection of the public health and safety; and any hazardous
substance intended, or packaged in a form suitable, for use in the
household or by children, that fails to bear a label in accordance
with regulations shall be deemed to be a misbranded hazardous
substance.
108335. The regulations shall be adopted by the department in the
manner prescribed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. The
regulations shall conform as nearly as practicable with regulations
promulgated by the United States Department of Health, Education, and
Welfare, Food and Drug Administration.
108340. To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
regulations adopted pursuant to the federal act that are in effect
on the effective date of this section or that are adopted on or after
the date are the hazardous substances regulations of this state.
108345. A federal regulation adopted pursuant to this chapter takes
effect in this state 30 days after it becomes effective as a federal
regulation. Any person who will be adversely affected by adoption of
a federal regulation in this state may, within the 30 days prior to
its becoming effective in this state, file with the state department,
in writing, objections and a request for a hearing. The timely
filing of substantial objections to a regulation that has become
effective under the federal act, stays the adoption of the regulation
in this state.
108350. If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the state
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representatives shall be heard. The state department
shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable.
The order shall be based on evidence contained in the record of the
hearing. If the order concerns a federal regulation, the state
department may adopt, rescind, or modify it. If the order concerns a
proposed regulation, the state department may withdraw it or set an
effective date for the regulation as published or as modified by the
order. The effective date shall be at least 60 days after publication
of the order.
108355. If the department finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained therein, or for other good and sufficient
reasons, full compliance with the labeling requirements otherwise
applicable under this chapter is impracticable or is not necessary
for the adequate protection of the public health and safety, the
department may exempt the substance from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
108360. The department may exempt from the requirements established
by, or pursuant to, this chapter any container of a hazardous
substance with respect to which it finds that adequate requirements
satisfying the purposes of this chapter have been established by, or
pursuant to, any other law enacted by the Legislature.
108365. The department may appoint agents as it may deem necessary.
108370. The department or its duly authorized agent shall have free
access to all reasonable hours to any factory, warehouse, or
establishment in which hazardous substances are manufactured,
processed, packed, or held for introduction into commerce, or to
enter any vehicle being used to transport or hold hazardous
substances, in commerce, for either of the following purposes:
(a) Inspecting the factory, warehouse, establishment, or vehicle
to determine if any of the provisions of this chapter are being
violated.
(b) To secure samples or specimens of any hazardous substances. If
the agent obtains any sample, prior to leaving the premises, he or
she shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained. If an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator, or agent in charge.
108375. Whenever a duly authorized agent of the department finds,
or has probable cause to believe, that any hazardous substance is so
misbranded as to be dangerous or fraudulent or is a banned hazardous
substance, he or she shall affix to the article a tag or other
appropriate marking, giving notice that the article is, or is
suspected of being, misbranded and has been detained or quarantined,
and warning all persons not to remove or dispose of the article by
sale or otherwise until permission for removal or disposal is given
by the department or the court.
108380. Whenever the findings of the department show, after
investigation and examination, that any hazardous substance found in
the possession of any person is misbranded, or banned, the hazardous
substance may be seized and quarantined.
108385. A hazardous substance found to be misbranded, or to be a
banned hazardous substance may, by order of a court or judge, or in
the absence of the order, with the written consent of the owner
thereof, be seized or destroyed.
108390. When a misbranded hazardous substance or a banned hazardous
substance is detained or quarantined under this article, the
department shall commence proceedings in the name of the people of
the State of California against the article in the superior court of
the county or city and county in which the article is detained or
quarantined by petitioning the court for a judgment to forfeit,
condemn, and destroy the article. Upon the filing of the petition,
the clerk of the court shall fix a time and place for the hearing
thereof, and cause notices thereof to be prepared notifying all
persons who may claim an interest in the article of the time and
place of the hearing. A copy of the petition and notice shall be
posted for 14 days in at least three public places in the city or
city and county where the court is held, and in a conspicuous place
where the article is detained or quarantined. A copy of the petition
and notice shall also be served upon each person in possession of the
article and on each owner or claimant whose name and address is
known. The service may be made by personal service or by registered
mail by mailing a copy of the notice and petition by registered mail
to the last known address of the person. At any time prior to the
date of the hearing any person in possession of the article, or owner
thereof or claimant thereto, may file an answer that may include a
prayer for a judgment of release of the article or relief in
accordance with Sections 108400 and 108405. At the time set for the
hearing, the court shall commence to hear and determine the
proceeding, but may, for good cause shown, continue the hearing to a
day certain; provided, the court shall finally determine all the
issues presented by the petition.
108395. If the court finds that a detained or quarantined article
is misbranded, after entry of the decree the article shall be
destroyed at the expense of the claimant thereof, under the
supervision of the agent of the department. All court costs and fees,
and storage and other proper expenses, shall be taxed against the
claimant of the article or his or her agent.
108400. If the misbranding can be corrected by proper labeling or
processing of the article, after entry of the decree and after costs,
fees, and expenses have been paid and a good and sufficient bond,
conditioned that the article shall be so labeled or processed, has
been executed, the court may by order direct that the article be
delivered to the claimant thereof for the labeling or processing
under the supervision of an agent of the department. The expense of
the supervision shall be paid by the claimant.
108405. The bond shall be returned to the claimant of the article
on representation to the court by the department that the article is
no longer in violation of this chapter, and that the expenses of the
supervision have been paid.
108410. The department shall cause to be published from time to
time reports summarizing any judgments, decrees, or court orders that
have been rendered under this chapter, including the nature of the
charge and the disposition thereof.
The department shall also cause to be disseminated information
regarding hazardous substances in situations involving, in the
opinion of the department, imminent danger to health. Nothing in this
section shall be construed to prohibit the department from
collecting, reporting, and illustrating the results of the
investigations of the department.
108415. In addition to the remedies heretofore provided, the
department is hereby authorized to bring an action in superior court
and the court shall have jurisdiction upon hearing and for cause
shown, to grant a temporary or permanent injunction restraining any
person from violating any provision of this chapter. Any proceeding
under this section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the department shall not be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.
108420. If any provision of this chapter is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder
of the chapter and the applicability thereof to other persons and
circumstances shall not be affected thereby.
108320. The department may adopt regulations regarding hazardous
substances as it determines are necessary to adequately enforce and
administer this chapter. Any violation of the regulations shall be
deemed to be a violation of this chapter.
108325. Whenever in the judgment of the department the action will
promote the objectives of this chapter by avoiding or resolving
uncertainty as to its application, the department may by regulation
declare to be a hazardous substance, for the purpose of this chapter,
any substance or mixture of substances that it finds meet the
requirements of Section 108125.
108330. If the department finds that the requirements of Section
108200 are not adequate for the protection of the public health and
safety in view of the special hazard presented by any particular
hazardous substance, it may by regulation establish reasonable
variations or additional label requirements as it finds necessary for
the protection of the public health and safety; and any hazardous
substance intended, or packaged in a form suitable, for use in the
household or by children, that fails to bear a label in accordance
with regulations shall be deemed to be a misbranded hazardous
substance.
108335. The regulations shall be adopted by the department in the
manner prescribed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. The
regulations shall conform as nearly as practicable with regulations
promulgated by the United States Department of Health, Education, and
Welfare, Food and Drug Administration.
108340. To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
regulations adopted pursuant to the federal act that are in effect
on the effective date of this section or that are adopted on or after
the date are the hazardous substances regulations of this state.
108345. A federal regulation adopted pursuant to this chapter takes
effect in this state 30 days after it becomes effective as a federal
regulation. Any person who will be adversely affected by adoption of
a federal regulation in this state may, within the 30 days prior to
its becoming effective in this state, file with the state department,
in writing, objections and a request for a hearing. The timely
filing of substantial objections to a regulation that has become
effective under the federal act, stays the adoption of the regulation
in this state.
108350. If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the state
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representatives shall be heard. The state department
shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable.
The order shall be based on evidence contained in the record of the
hearing. If the order concerns a federal regulation, the state
department may adopt, rescind, or modify it. If the order concerns a
proposed regulation, the state department may withdraw it or set an
effective date for the regulation as published or as modified by the
order. The effective date shall be at least 60 days after publication
of the order.
108355. If the department finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained therein, or for other good and sufficient
reasons, full compliance with the labeling requirements otherwise
applicable under this chapter is impracticable or is not necessary
for the adequate protection of the public health and safety, the
department may exempt the substance from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
108360. The department may exempt from the requirements established
by, or pursuant to, this chapter any container of a hazardous
substance with respect to which it finds that adequate requirements
satisfying the purposes of this chapter have been established by, or
pursuant to, any other law enacted by the Legislature.
108365. The department may appoint agents as it may deem necessary.
108370. The department or its duly authorized agent shall have free
access to all reasonable hours to any factory, warehouse, or
establishment in which hazardous substances are manufactured,
processed, packed, or held for introduction into commerce, or to
enter any vehicle being used to transport or hold hazardous
substances, in commerce, for either of the following purposes:
(a) Inspecting the factory, warehouse, establishment, or vehicle
to determine if any of the provisions of this chapter are being
violated.
(b) To secure samples or specimens of any hazardous substances. If
the agent obtains any sample, prior to leaving the premises, he or
she shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained. If an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator, or agent in charge.
108375. Whenever a duly authorized agent of the department finds,
or has probable cause to believe, that any hazardous substance is so
misbranded as to be dangerous or fraudulent or is a banned hazardous
substance, he or she shall affix to the article a tag or other
appropriate marking, giving notice that the article is, or is
suspected of being, misbranded and has been detained or quarantined,
and warning all persons not to remove or dispose of the article by
sale or otherwise until permission for removal or disposal is given
by the department or the court.
108380. Whenever the findings of the department show, after
investigation and examination, that any hazardous substance found in
the possession of any person is misbranded, or banned, the hazardous
substance may be seized and quarantined.
108385. A hazardous substance found to be misbranded, or to be a
banned hazardous substance may, by order of a court or judge, or in
the absence of the order, with the written consent of the owner
thereof, be seized or destroyed.
108390. When a misbranded hazardous substance or a banned hazardous
substance is detained or quarantined under this article, the
department shall commence proceedings in the name of the people of
the State of California against the article in the superior court of
the county or city and county in which the article is detained or
quarantined by petitioning the court for a judgment to forfeit,
condemn, and destroy the article. Upon the filing of the petition,
the clerk of the court shall fix a time and place for the hearing
thereof, and cause notices thereof to be prepared notifying all
persons who may claim an interest in the article of the time and
place of the hearing. A copy of the petition and notice shall be
posted for 14 days in at least three public places in the city or
city and county where the court is held, and in a conspicuous place
where the article is detained or quarantined. A copy of the petition
and notice shall also be served upon each person in possession of the
article and on each owner or claimant whose name and address is
known. The service may be made by personal service or by registered
mail by mailing a copy of the notice and petition by registered mail
to the last known address of the person. At any time prior to the
date of the hearing any person in possession of the article, or owner
thereof or claimant thereto, may file an answer that may include a
prayer for a judgment of release of the article or relief in
accordance with Sections 108400 and 108405. At the time set for the
hearing, the court shall commence to hear and determine the
proceeding, but may, for good cause shown, continue the hearing to a
day certain; provided, the court shall finally determine all the
issues presented by the petition.
108395. If the court finds that a detained or quarantined article
is misbranded, after entry of the decree the article shall be
destroyed at the expense of the claimant thereof, under the
supervision of the agent of the department. All court costs and fees,
and storage and other proper expenses, shall be taxed against the
claimant of the article or his or her agent.
108400. If the misbranding can be corrected by proper labeling or
processing of the article, after entry of the decree and after costs,
fees, and expenses have been paid and a good and sufficient bond,
conditioned that the article shall be so labeled or processed, has
been executed, the court may by order direct that the article be
delivered to the claimant thereof for the labeling or processing
under the supervision of an agent of the department. The expense of
the supervision shall be paid by the claimant.
108405. The bond shall be returned to the claimant of the article
on representation to the court by the department that the article is
no longer in violation of this chapter, and that the expenses of the
supervision have been paid.
108410. The department shall cause to be published from time to
time reports summarizing any judgments, decrees, or court orders that
have been rendered under this chapter, including the nature of the
charge and the disposition thereof.
The department shall also cause to be disseminated information
regarding hazardous substances in situations involving, in the
opinion of the department, imminent danger to health. Nothing in this
section shall be construed to prohibit the department from
collecting, reporting, and illustrating the results of the
investigations of the department.
108415. In addition to the remedies heretofore provided, the
department is hereby authorized to bring an action in superior court
and the court shall have jurisdiction upon hearing and for cause
shown, to grant a temporary or permanent injunction restraining any
person from violating any provision of this chapter. Any proceeding
under this section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the department shall not be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.
108420. If any provision of this chapter is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder
of the chapter and the applicability thereof to other persons and
circumstances shall not be affected thereby.
108320. The department may adopt regulations regarding hazardous
substances as it determines are necessary to adequately enforce and
administer this chapter. Any violation of the regulations shall be
deemed to be a violation of this chapter.
108325. Whenever in the judgment of the department the action will
promote the objectives of this chapter by avoiding or resolving
uncertainty as to its application, the department may by regulation
declare to be a hazardous substance, for the purpose of this chapter,
any substance or mixture of substances that it finds meet the
requirements of Section 108125.
108330. If the department finds that the requirements of Section
108200 are not adequate for the protection of the public health and
safety in view of the special hazard presented by any particular
hazardous substance, it may by regulation establish reasonable
variations or additional label requirements as it finds necessary for
the protection of the public health and safety; and any hazardous
substance intended, or packaged in a form suitable, for use in the
household or by children, that fails to bear a label in accordance
with regulations shall be deemed to be a misbranded hazardous
substance.
108335. The regulations shall be adopted by the department in the
manner prescribed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code. The
regulations shall conform as nearly as practicable with regulations
promulgated by the United States Department of Health, Education, and
Welfare, Food and Drug Administration.
108340. To the extent that the requirements of this chapter are
identical with the federal act, all regulations and any amendments to
regulations adopted pursuant to the federal act that are in effect
on the effective date of this section or that are adopted on or after
the date are the hazardous substances regulations of this state.
108345. A federal regulation adopted pursuant to this chapter takes
effect in this state 30 days after it becomes effective as a federal
regulation. Any person who will be adversely affected by adoption of
a federal regulation in this state may, within the 30 days prior to
its becoming effective in this state, file with the state department,
in writing, objections and a request for a hearing. The timely
filing of substantial objections to a regulation that has become
effective under the federal act, stays the adoption of the regulation
in this state.
108350. If substantial objections are made to a federal regulation
within 30 days prior to its becoming effective in this state or to a
proposed regulation within 30 days after it is published, the state
department, after notice, shall conduct a public hearing to receive
evidence on issues raised by the objections. Any interested person or
his or her representatives shall be heard. The state department
shall act upon objections by order and shall mail the order to
objectors by certified mail as soon after the hearing as practicable.
The order shall be based on evidence contained in the record of the
hearing. If the order concerns a federal regulation, the state
department may adopt, rescind, or modify it. If the order concerns a
proposed regulation, the state department may withdraw it or set an
effective date for the regulation as published or as modified by the
order. The effective date shall be at least 60 days after publication
of the order.
108355. If the department finds that, because of the size of the
package involved or because of the minor hazard presented by the
substance contained therein, or for other good and sufficient
reasons, full compliance with the labeling requirements otherwise
applicable under this chapter is impracticable or is not necessary
for the adequate protection of the public health and safety, the
department may exempt the substance from these requirements to the
extent it determines to be consistent with adequate protection of the
public health and safety.
108360. The department may exempt from the requirements established
by, or pursuant to, this chapter any container of a hazardous
substance with respect to which it finds that adequate requirements
satisfying the purposes of this chapter have been established by, or
pursuant to, any other law enacted by the Legislature.
108365. The department may appoint agents as it may deem necessary.
108370. The department or its duly authorized agent shall have free
access to all reasonable hours to any factory, warehouse, or
establishment in which hazardous substances are manufactured,
processed, packed, or held for introduction into commerce, or to
enter any vehicle being used to transport or hold hazardous
substances, in commerce, for either of the following purposes:
(a) Inspecting the factory, warehouse, establishment, or vehicle
to determine if any of the provisions of this chapter are being
violated.
(b) To secure samples or specimens of any hazardous substances. If
the agent obtains any sample, prior to leaving the premises, he or
she shall give to the owner, operator, or agent in charge a receipt
describing the samples obtained. If an analysis is made of the
sample, a copy of the results of the analysis shall be furnished
promptly to the owner, operator, or agent in charge.
108375. Whenever a duly authorized agent of the department finds,
or has probable cause to believe, that any hazardous substance is so
misbranded as to be dangerous or fraudulent or is a banned hazardous
substance, he or she shall affix to the article a tag or other
appropriate marking, giving notice that the article is, or is
suspected of being, misbranded and has been detained or quarantined,
and warning all persons not to remove or dispose of the article by
sale or otherwise until permission for removal or disposal is given
by the department or the court.
108380. Whenever the findings of the department show, after
investigation and examination, that any hazardous substance found in
the possession of any person is misbranded, or banned, the hazardous
substance may be seized and quarantined.
108385. A hazardous substance found to be misbranded, or to be a
banned hazardous substance may, by order of a court or judge, or in
the absence of the order, with the written consent of the owner
thereof, be seized or destroyed.
108390. When a misbranded hazardous substance or a banned hazardous
substance is detained or quarantined under this article, the
department shall commence proceedings in the name of the people of
the State of California against the article in the superior court of
the county or city and county in which the article is detained or
quarantined by petitioning the court for a judgment to forfeit,
condemn, and destroy the article. Upon the filing of the petition,
the clerk of the court shall fix a time and place for the hearing
thereof, and cause notices thereof to be prepared notifying all
persons who may claim an interest in the article of the time and
place of the hearing. A copy of the petition and notice shall be
posted for 14 days in at least three public places in the city or
city and county where the court is held, and in a conspicuous place
where the article is detained or quarantined. A copy of the petition
and notice shall also be served upon each person in possession of the
article and on each owner or claimant whose name and address is
known. The service may be made by personal service or by registered
mail by mailing a copy of the notice and petition by registered mail
to the last known address of the person. At any time prior to the
date of the hearing any person in possession of the article, or owner
thereof or claimant thereto, may file an answer that may include a
prayer for a judgment of release of the article or relief in
accordance with Sections 108400 and 108405. At the time set for the
hearing, the court shall commence to hear and determine the
proceeding, but may, for good cause shown, continue the hearing to a
day certain; provided, the court shall finally determine all the
issues presented by the petition.
108395. If the court finds that a detained or quarantined article
is misbranded, after entry of the decree the article shall be
destroyed at the expense of the claimant thereof, under the
supervision of the agent of the department. All court costs and fees,
and storage and other proper expenses, shall be taxed against the
claimant of the article or his or her agent.
108400. If the misbranding can be corrected by proper labeling or
processing of the article, after entry of the decree and after costs,
fees, and expenses have been paid and a good and sufficient bond,
conditioned that the article shall be so labeled or processed, has
been executed, the court may by order direct that the article be
delivered to the claimant thereof for the labeling or processing
under the supervision of an agent of the department. The expense of
the supervision shall be paid by the claimant.
108405. The bond shall be returned to the claimant of the article
on representation to the court by the department that the article is
no longer in violation of this chapter, and that the expenses of the
supervision have been paid.
108410. The department shall cause to be published from time to
time reports summarizing any judgments, decrees, or court orders that
have been rendered under this chapter, including the nature of the
charge and the disposition thereof.
The department shall also cause to be disseminated information
regarding hazardous substances in situations involving, in the
opinion of the department, imminent danger to health. Nothing in this
section shall be construed to prohibit the department from
collecting, reporting, and illustrating the results of the
investigations of the department.
108415. In addition to the remedies heretofore provided, the
department is hereby authorized to bring an action in superior court
and the court shall have jurisdiction upon hearing and for cause
shown, to grant a temporary or permanent injunction restraining any
person from violating any provision of this chapter. Any proceeding
under this section shall conform to the requirements of Chapter 3
(commencing with Section 525) of Title 7 of Part 2 of the Code of
Civil Procedure, except that the department shall not be required to
allege facts necessary to show or tending to show lack of adequate
remedy at law or to show or tending to show irreparable damage or
loss.
108420. If any provision of this chapter is declared
unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder
of the chapter and the applicability thereof to other persons and
circumstances shall not be affected thereby.
