(a) The bureau shall enforce and ensure compliance with Section 19101.
(b) (1) The bureau shall provide the Department of Toxic Substances Control with a selection of samples from products regulated under this article to test for compliance with Section 19101. The bureau shall select samples based on consultation with the Department of Toxic Substances Control, taking into account a range of manufacturers and types of products regulated under this article. The bureau shall integrate these testing requirements into the existing testing program described in subdivision (c) of Section 19094.
(2) (A) If the Department of Toxic Substances Control’s testing shows that any reupholstered furniture or new, not previously owned juvenile products, mattresses, or upholstered furniture is in violation of Section 19101, the bureau may assess fines for violations against manufacturers of the product for the violation. The bureau shall reimburse the Department of Toxic Substances Control for the cost of testing for the presence of covered flame retardant chemicals pursuant to this article.
(B) 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 Section 19101, after notice of the violation is posted on the bureau’s Internet Web site, the bureau may assess fines against the person for the continued sale or distribution of those products. The bureau shall make information about any citation issued pursuant to this section available to the public on its Internet Web site, and shall develop a process for keeping interested persons informed about updates to notices of violation posted on the bureau’s Internet Web site.
(c) A 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).
(d) In determining the amount of the fine for a violation of this section, the bureau 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 bureau.
(e) (1) The bureau shall adjust all minimum and maximum 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).
(f) The bureau shall receive complaints from consumers concerning products regulated by this article sold in this state.
(Added by Stats. 2018, Ch. 924, Sec. 2. (AB 2998) Effective January 1, 2019.)