(a) Any person who knowingly does any of the following acts may, upon conviction, be punished by a fine of not more than twenty-five thousand dollars ($25,000) for each day of violation, by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment:
(1) Makes any false statement or representation in any application, record, report, or other document submitted, maintained, or used for the purposes of compliance with this article.
(2) Has in his or her possession any record required to be maintained pursuant to this article that has been altered or concealed.
(3) Destroys, alters, or conceals any record required to be maintained pursuant to this article.
(4) Withholds information regarding an imminent and substantial danger to the public health or safety when the information has been requested by the state board in writing and is required to carry out the state board’s responsibilities pursuant to this article.
(b) A second or subsequent violation of subdivision (a) is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16, 20, or 24 months or in a county jail for not more than one year, by a fine of not less than two thousand dollars ($2,000) or more than fifty thousand dollars ($50,000) per day of violation, or by both that imprisonment and fine.
(c) An ELAP certified or TNI accredited laboratory, upon suspension, revocation, or withdrawal of its ELAP certification or TNI accreditation, shall do all of the following:
(1) Discontinue use of all catalogs, advertising, business solicitations, proposals, quotations, or their materials that contain reference to their past certification or accreditation status.
(2) Return its ELAP certificate or its TNI accreditation to the state board.
(3) Cease all testing of samples for regulatory purposes.
(d) The penalties cited in subdivisions (a) and (b) shall also apply to TNI accredited laboratories.
(Amended by Stats. 2017, Ch. 327, Sec. 19. (AB 1438) Effective January 1, 2018.)