108240. The manufacture, production, preparation, compounding,
packing, selling, offering for sale, or keeping for sale within the
State of California, or the introduction into this state from any
other state, territory, or the District of Columbia, or from any
foreign country, of any package of a misbranded hazardous substance
or banned hazardous substance is prohibited.
108245. Any person who imports or receives from any other state or
territory or the District of Columbia or from any foreign country, or
who having so received delivers for pay or otherwise or offers to
deliver to any other person, any misbranded hazardous substance or
banned hazardous substance or any person who shall manufacture or
produce, prepare or compound, or pack or sell, or offer for sale, or
keep for sale in the State of California any misbranded hazardous
substance or banned hazardous substance, shall be guilty of a
misdemeanor punishable as provided in Section 108295.
108250. The packing, selling, offering for sale, or keeping for
sale of a hazardous substance in a reused food, drug, or cosmetic
container or in a container that, though not a reused container, is
identifiable as a food, drug, or cosmetic container by its labeling
or by other identification, is unlawful. Such an act shall result in
the hazardous substance being in a misbranded package. As used in
this section, the terms "cosmetic," "drug" and "food" shall have the
same meaning as in Chapter 1 (commencing with Section 109875) of Part
5.
108255. The department may by regulation prohibit the use of any
other container for hazardous substances if it determines that the
container may be mistaken for a food, drug, or cosmetic container and
has a closure that presents a health hazard due to ease of opening.
108260. The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to a hazardous substance is unlawful if
the act results in the article being a misbranded hazardous substance
or banned hazardous substance.
108265. It shall be unlawful to refuse to permit entry or
inspection authorized by Section 108370 or to permit access to and
copying of any record as authorized by Section 108300.
108270. No person shall be prosecuted under this chapter if, after
receipt of a hazardous substance, he or she can establish a guarantee
or undertaking signed by, and containing the name and address of,
the person residing in the United States from whom he or she received
in good faith the hazardous substance, to the effect that the
hazardous substance is not a misbranded hazardous substance or a
banned hazardous substance within the meaning of these terms, as
defined by this chapter.
108275. If the guarantee is to the effect that the article is not
misbranded or banned within the meaning of the Federal Hazardous
Substances Act (Public Law 86-813, 74 Stat. 372), it shall be
sufficient for all the purposes of this chapter and have the same
force and effect as though it referred to this chapter whether given
by a person residing in the United States or elsewhere.
108280. The giving of a guarantee referred to in Section 108270
that is false, is prohibited, except by a person who relied upon a
guarantee to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom he or
she received in good faith the hazardous substance.
108285. No person shall be prosecuted under this chapter if the
hazardous substance is shipped or delivered for shipment for export
to any foreign country, in a package marked for export on the outside
of the shipping container and labeled in accordance with the
specifications of the foreign purchaser and in accordance with the
laws of the foreign country, but if the hazardous substance is sold
or offered for sale in domestic commerce, this section shall not
apply.
108290. The use by any person to his or her own advantage, or
revealing other than to the department or any agent of the department
or to the courts when relevant in any judicial proceeding under this
chapter, of any information acquired under authority of this chapter
concerning any method of process that as a trade secret is entitled
to protection is prohibited.
108295. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than fifty dollars ($50) or more than
one thousand dollars ($1,000), or by imprisonment in the county jail
for a term not exceeding six months, or by both fine and
imprisonment.
If the violation is committed with intent to defraud or mislead,
or after a conviction of the person under this section has become
final, the person shall be subject to imprisonment for not more than
one year in the county jail, or a fine of not more than two thousand
dollars ($2,000), or both the imprisonment and fine.
108300. For the purpose of enforcing this chapter, carriers engaged
in commerce, and persons receiving or holding hazardous substances
shall upon the request of an agent of the department, permit the
agent, at reasonable times, to have access to and to copy all records
showing the movement of any hazardous substance, or the holding
thereof during or after the movement, and the quantity, shipper, and
consignee thereof, provided, that evidence obtained under this
section shall not be used in a criminal prosecution of the person
from whom obtained, provided, further, that carriers shall not be
subject to this chapter by reason of their receipt, carriage,
holding, or delivery of hazardous substances in the usual course of
business as carriers.
As used in this section, "carrier" means a person engaged in
transporting property from one place to another and who has no other
interest in the ownership of the property.
108305. Before any violation of this chapter is reported to the
district attorney of the county, or the prosecuting officer of the
city, for institution of a criminal proceeding the person against
whom the proceeding is contemplated may be given appropriate notice
and an opportunity to present his or her view, either orally or in
writing, with regard to each contemplated proceeding.
108240. The manufacture, production, preparation, compounding,
packing, selling, offering for sale, or keeping for sale within the
State of California, or the introduction into this state from any
other state, territory, or the District of Columbia, or from any
foreign country, of any package of a misbranded hazardous substance
or banned hazardous substance is prohibited.
108245. Any person who imports or receives from any other state or
territory or the District of Columbia or from any foreign country, or
who having so received delivers for pay or otherwise or offers to
deliver to any other person, any misbranded hazardous substance or
banned hazardous substance or any person who shall manufacture or
produce, prepare or compound, or pack or sell, or offer for sale, or
keep for sale in the State of California any misbranded hazardous
substance or banned hazardous substance, shall be guilty of a
misdemeanor punishable as provided in Section 108295.
108250. The packing, selling, offering for sale, or keeping for
sale of a hazardous substance in a reused food, drug, or cosmetic
container or in a container that, though not a reused container, is
identifiable as a food, drug, or cosmetic container by its labeling
or by other identification, is unlawful. Such an act shall result in
the hazardous substance being in a misbranded package. As used in
this section, the terms "cosmetic," "drug" and "food" shall have the
same meaning as in Chapter 1 (commencing with Section 109875) of Part
5.
108255. The department may by regulation prohibit the use of any
other container for hazardous substances if it determines that the
container may be mistaken for a food, drug, or cosmetic container and
has a closure that presents a health hazard due to ease of opening.
108260. The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to a hazardous substance is unlawful if
the act results in the article being a misbranded hazardous substance
or banned hazardous substance.
108265. It shall be unlawful to refuse to permit entry or
inspection authorized by Section 108370 or to permit access to and
copying of any record as authorized by Section 108300.
108270. No person shall be prosecuted under this chapter if, after
receipt of a hazardous substance, he or she can establish a guarantee
or undertaking signed by, and containing the name and address of,
the person residing in the United States from whom he or she received
in good faith the hazardous substance, to the effect that the
hazardous substance is not a misbranded hazardous substance or a
banned hazardous substance within the meaning of these terms, as
defined by this chapter.
108275. If the guarantee is to the effect that the article is not
misbranded or banned within the meaning of the Federal Hazardous
Substances Act (Public Law 86-813, 74 Stat. 372), it shall be
sufficient for all the purposes of this chapter and have the same
force and effect as though it referred to this chapter whether given
by a person residing in the United States or elsewhere.
108280. The giving of a guarantee referred to in Section 108270
that is false, is prohibited, except by a person who relied upon a
guarantee to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom he or
she received in good faith the hazardous substance.
108285. No person shall be prosecuted under this chapter if the
hazardous substance is shipped or delivered for shipment for export
to any foreign country, in a package marked for export on the outside
of the shipping container and labeled in accordance with the
specifications of the foreign purchaser and in accordance with the
laws of the foreign country, but if the hazardous substance is sold
or offered for sale in domestic commerce, this section shall not
apply.
108290. The use by any person to his or her own advantage, or
revealing other than to the department or any agent of the department
or to the courts when relevant in any judicial proceeding under this
chapter, of any information acquired under authority of this chapter
concerning any method of process that as a trade secret is entitled
to protection is prohibited.
108295. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than fifty dollars ($50) or more than
one thousand dollars ($1,000), or by imprisonment in the county jail
for a term not exceeding six months, or by both fine and
imprisonment.
If the violation is committed with intent to defraud or mislead,
or after a conviction of the person under this section has become
final, the person shall be subject to imprisonment for not more than
one year in the county jail, or a fine of not more than two thousand
dollars ($2,000), or both the imprisonment and fine.
108300. For the purpose of enforcing this chapter, carriers engaged
in commerce, and persons receiving or holding hazardous substances
shall upon the request of an agent of the department, permit the
agent, at reasonable times, to have access to and to copy all records
showing the movement of any hazardous substance, or the holding
thereof during or after the movement, and the quantity, shipper, and
consignee thereof, provided, that evidence obtained under this
section shall not be used in a criminal prosecution of the person
from whom obtained, provided, further, that carriers shall not be
subject to this chapter by reason of their receipt, carriage,
holding, or delivery of hazardous substances in the usual course of
business as carriers.
As used in this section, "carrier" means a person engaged in
transporting property from one place to another and who has no other
interest in the ownership of the property.
108305. Before any violation of this chapter is reported to the
district attorney of the county, or the prosecuting officer of the
city, for institution of a criminal proceeding the person against
whom the proceeding is contemplated may be given appropriate notice
and an opportunity to present his or her view, either orally or in
writing, with regard to each contemplated proceeding.
108240. The manufacture, production, preparation, compounding,
packing, selling, offering for sale, or keeping for sale within the
State of California, or the introduction into this state from any
other state, territory, or the District of Columbia, or from any
foreign country, of any package of a misbranded hazardous substance
or banned hazardous substance is prohibited.
108245. Any person who imports or receives from any other state or
territory or the District of Columbia or from any foreign country, or
who having so received delivers for pay or otherwise or offers to
deliver to any other person, any misbranded hazardous substance or
banned hazardous substance or any person who shall manufacture or
produce, prepare or compound, or pack or sell, or offer for sale, or
keep for sale in the State of California any misbranded hazardous
substance or banned hazardous substance, shall be guilty of a
misdemeanor punishable as provided in Section 108295.
108250. The packing, selling, offering for sale, or keeping for
sale of a hazardous substance in a reused food, drug, or cosmetic
container or in a container that, though not a reused container, is
identifiable as a food, drug, or cosmetic container by its labeling
or by other identification, is unlawful. Such an act shall result in
the hazardous substance being in a misbranded package. As used in
this section, the terms "cosmetic," "drug" and "food" shall have the
same meaning as in Chapter 1 (commencing with Section 109875) of Part
5.
108255. The department may by regulation prohibit the use of any
other container for hazardous substances if it determines that the
container may be mistaken for a food, drug, or cosmetic container and
has a closure that presents a health hazard due to ease of opening.
108260. The alteration, mutilation, destruction, obliteration, or
removal of the whole or any part of the labeling of, or the doing of
any other act with respect to a hazardous substance is unlawful if
the act results in the article being a misbranded hazardous substance
or banned hazardous substance.
108265. It shall be unlawful to refuse to permit entry or
inspection authorized by Section 108370 or to permit access to and
copying of any record as authorized by Section 108300.
108270. No person shall be prosecuted under this chapter if, after
receipt of a hazardous substance, he or she can establish a guarantee
or undertaking signed by, and containing the name and address of,
the person residing in the United States from whom he or she received
in good faith the hazardous substance, to the effect that the
hazardous substance is not a misbranded hazardous substance or a
banned hazardous substance within the meaning of these terms, as
defined by this chapter.
108275. If the guarantee is to the effect that the article is not
misbranded or banned within the meaning of the Federal Hazardous
Substances Act (Public Law 86-813, 74 Stat. 372), it shall be
sufficient for all the purposes of this chapter and have the same
force and effect as though it referred to this chapter whether given
by a person residing in the United States or elsewhere.
108280. The giving of a guarantee referred to in Section 108270
that is false, is prohibited, except by a person who relied upon a
guarantee to the same effect signed by, and containing the name and
address of, the person residing in the United States from whom he or
she received in good faith the hazardous substance.
108285. No person shall be prosecuted under this chapter if the
hazardous substance is shipped or delivered for shipment for export
to any foreign country, in a package marked for export on the outside
of the shipping container and labeled in accordance with the
specifications of the foreign purchaser and in accordance with the
laws of the foreign country, but if the hazardous substance is sold
or offered for sale in domestic commerce, this section shall not
apply.
108290. The use by any person to his or her own advantage, or
revealing other than to the department or any agent of the department
or to the courts when relevant in any judicial proceeding under this
chapter, of any information acquired under authority of this chapter
concerning any method of process that as a trade secret is entitled
to protection is prohibited.
108295. Any person who violates any of the provisions of this
chapter is guilty of a misdemeanor, and upon conviction shall be
punished by a fine of not less than fifty dollars ($50) or more than
one thousand dollars ($1,000), or by imprisonment in the county jail
for a term not exceeding six months, or by both fine and
imprisonment.
If the violation is committed with intent to defraud or mislead,
or after a conviction of the person under this section has become
final, the person shall be subject to imprisonment for not more than
one year in the county jail, or a fine of not more than two thousand
dollars ($2,000), or both the imprisonment and fine.
108300. For the purpose of enforcing this chapter, carriers engaged
in commerce, and persons receiving or holding hazardous substances
shall upon the request of an agent of the department, permit the
agent, at reasonable times, to have access to and to copy all records
showing the movement of any hazardous substance, or the holding
thereof during or after the movement, and the quantity, shipper, and
consignee thereof, provided, that evidence obtained under this
section shall not be used in a criminal prosecution of the person
from whom obtained, provided, further, that carriers shall not be
subject to this chapter by reason of their receipt, carriage,
holding, or delivery of hazardous substances in the usual course of
business as carriers.
As used in this section, "carrier" means a person engaged in
transporting property from one place to another and who has no other
interest in the ownership of the property.
108305. Before any violation of this chapter is reported to the
district attorney of the county, or the prosecuting officer of the
city, for institution of a criminal proceeding the person against
whom the proceeding is contemplated may be given appropriate notice
and an opportunity to present his or her view, either orally or in
writing, with regard to each contemplated proceeding.
