reglab/statecodes huggingface dataset:
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.4 - Human Cloning › Section 24187.

24187. For violations of Section 24185, the State Director of Health Services may, after appropriate notice and opportunity for hearing, by order, levy administrative penalties as follows:
(a)  If the violator is a corporation, firm, clinic, hospital, laboratory, or research facility, by a civil penalty of not more than one million dollars ($1,000,000) or the applicable amount under subdivision (c), whichever is greater.
(b)  If the violator is an individual, by a civil penalty of not more than two hundred fifty thousand dollars ($250,000) or the applicable amount under subdivision (c), whichever is greater.
(c)  If any violator derives pecuniary gain from a violation of this section, the violator may be assessed a civil penalty of not more than an amount equal to the amount of the gross gain multiplied by two.
(d)  The administrative penalties shall be paid to the General Fund.
(Added by Stats. 1997, Ch. 688, Sec. 5. Effective January 1, 1998.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.6 - Forced or Involuntary Sterilization Compensation Program › Section 24212.

24212. (a) This chapter shall become operative only upon an appropriation in the annual Budget Act or any other act approved by the Legislature for the express purpose of implementing this chapter. Upon appropriation, the board and departments specified in this chapter shall each post a notice on their internet websites informing the public of the date on which the program became operative.
(b) The Forced or Involuntary Sterilization Compensation Account is hereby established in the State Treasury, and shall be administered by the California Victim Compensation Board. Any funds appropriated for purposes of this chapter shall be held in this account and shall be used for the purpose of implementing this chapter. Any costs incurred by any state department or agency for these purposes may be reimbursed from this account.
(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.6 - Forced or Involuntary Sterilization Compensation Program › Section 24214.

24214. (a) A qualified recipient may assign victim compensation to a trust established for the qualified recipient’s benefit.
(b) (1) The board shall include a provision on the application for victim compensation under this program that a claimant is authorized to designate a beneficiary for the claimant’s victim compensation.
(2) If the claimant dies during the pendency of the claimant’s application, or after the board determines that the claimant is a qualified recipient, the board shall award the victim compensation to the named beneficiary. If the claimant did not name a beneficiary, then the victim compensation shall remain with the board for expenditure in accordance with subdivision (b) of Section 24213.
(c) An application may be made by an individual’s legally authorized representative if the individual satisfies the criteria for a qualified recipient, as specified in subdivision (c) of Section 24210.
(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.6 - Forced or Involuntary Sterilization Compensation Program › Section 24215.

24215. The State Department of State Hospitals, the State Department of Developmental Services, and the Department of Corrections and Rehabilitation, in consultation with stakeholders, including at least one member and one advocate of those who were sterilized under California’s eugenics laws between 1909 to 1979, inclusive, and of those who were sterilized without proper authorization while imprisoned in California state prisons after 1979, shall establish markers or plaques at designated sites that acknowledge the wrongful sterilization of thousands of vulnerable people under eugenics policies and the subsequent sterilization of people in California’s women’s prisons caused, in part, by the forgotten lessons of the harms of the eugenics movement.
(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.6 - Forced or Involuntary Sterilization Compensation Program › Section 24216.

24216. The board shall keep confidential and not disclose to the public any record pertaining to either an individual’s application for victim compensation or the board’s verification of the application, including, but not limited to, claimant names and demographic information submitted on the application. Public disclosure of aggregated claimant information or the annual report required under subdivision (b) of Section 24211 is not a violation of this section.
(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 1.6 - Forced or Involuntary Sterilization Compensation Program › Section 24217.

24217. (a) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be considered any of the following:
(1) Taxable income for state tax purposes.
(2) Income or resources for purposes of determining the eligibility for, or amount of, any benefits or assistance under any state or local means-tested program.
(3) Income or resources in determining the eligibility for, or the amount of, any federal public benefits as provided by the Treatment of Certain Payments in Eugenics Compensation Act (42 U.S.C. Sec. 18501).
(4) Community property for the purpose of determining property rights under the Family Code and Probate Code.
(b) Notwithstanding any other law, the payment made to a qualified recipient pursuant to this program shall not be subject to any of the following:
(1) Enforcement of a money judgment under state law.
(2) A money judgment in favor of the State Department of Health Care Services for any period of time in which federal law or guidance has not been issued by the federal Centers for Medicare and Medicaid Services requiring the department to recover funds from the payments pursuant to this chapter for reimbursement of qualifying Medi-Cal expenditures. Following the death of a qualified recipient, both of the following shall apply as long as the federal law or guidance has not been issued:
(A) The state shall not seek recovery pursuant to Section 14009.5 of the Welfare and Institutions Code of any amount of the payment under the state’s Medicaid plan established under Title XIX of the Social Security Act.
(B) The state shall not file a claim for the payment under Section 529A(f) of the Internal Revenue Code.
(3) The collection of owed child support.
(4) The collection of court-ordered restitution, fees, or fines.
(Added by Stats. 2021, Ch. 77, Sec. 21. (AB 137) Effective July 16, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 2.5 - Asbestos Safety › Section 24275.

24275. (a)  If the State Department of Health Services believes that the air monitoring standard for asbestos in public school buildings as specified in Section 49410.7 of the Education Code should be revised, it shall promulgate a regulation to that effect.
(b)  The department shall provide the Office of Public School Construction with appropriate sampling methodology for use in taking air samples in public school buildings.
(Amended by Stats. 2012, Ch. 728, Sec. 84. (SB 71) Effective January 1, 2013.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 3.5 - Excited Delirium › Section 24400.

24400. For the purposes of this chapter, “excited delirium” means a term used to describe a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, or for which the court finds there is insufficient scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited delirium also includes excited delirium syndrome, excited delirium, hyperactive delirium, agitated delirium, and exhaustive mania.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 3.5 - Excited Delirium › Section 24401.

24401. (a) Excited delirium shall not be recognized as a valid medical diagnosis or cause of death in this state.
(b) A state or local government entity, or employee or contractor of a state or local government entity, shall not document, testify to, or otherwise use in any official capacity or communication excited delirium as a recognized medical diagnosis or cause of death.
(c) A coroner, medical examiner, physician, or physician assistant shall not state on the certificate of death, or in any report, that the cause of death was excited delirium. The term excited delirium and terms inclusive of excited delirium defined in Section 24400 shall not be listed anywhere on the death certificate.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 3.5 - Excited Delirium › Section 24402.

24402. A peace officer shall not use the term excited delirium to describe an individual in an incident report completed by a peace officer. A peace officer may describe the characteristics of an individual’s conduct, but shall not generally describe the individual’s demeanor, conduct, or physical and mental condition at issue as excited delirium.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 3.5 - Excited Delirium › Section 24403.

24403. Pursuant to Section 1156.5 of the Evidence Code, evidence that a person suffered or experienced excited delirium is inadmissible in any civil action. A party or witness may describe the factual circumstances surrounding the case, including a person’s demeanor, conduct, and physical and mental condition at issue, including, but not limited to, a person’s state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain, but shall not describe or diagnose such demeanor, conduct, or condition by use of the term excited delirium, or attribute such demeanor, conduct, or physical and mental condition to that term.
(Added by Stats. 2023, Ch. 431, Sec. 2. (AB 360) Effective January 1, 2024.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24500.

24500. This article shall be known and may be cited as the Infant Crib Safety Act.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24501.

24501. As used in this article, the following terms have the following meanings:
(a)  “Infant” means any person less than 35 inches tall and less than three years of age.
(b)  “Crib” means a bed or containment designed to accommodate an infant.
(c)  “Full-size crib” means a full-size crib as defined in Section 1508.3 of Title 16 of the Code of Federal Regulations regarding the requirements for full-size cribs.
(d)  “Non-full-size crib” means a non-full-size crib as defined in Section 1509.2(b) of Title 16 of the Code of Federal Regulations regarding the requirements for non-full-size cribs.
(e)  “Person” means any natural person, firm, corporation, association, or agent or employee thereof.
(f)  “Commercial user” means any person who deals in full-size or non-full-size cribs of the kind governed by this chapter who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to the full-size or non-full-size cribs governed by this chapter, or any person who is in the business of remanufacturing, retrofitting, selling, leasing, subletting, or otherwise placing in the stream of commerce full-size or non-full-size cribs.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24502.

24502. (a)  No commercial user shall remanufacture, retrofit, sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce, on or after January 1, 1995, a full-size or non-full-size crib that is unsafe for any infant using the crib.
(b)  A crib is presumed to be unsafe pursuant to this article if it does not conform to all of the following:
(1)  Part 1508 (commencing with Section 1508.1) of Title 16 of the Code of Federal Regulations.
(2)  Part 1509 (commencing with Section 1509.1) of Title 16 of the Code of Federal Regulations.
(3)  Part 1303 (commencing with Section 1303.1) of Title 16 of the Code of Federal Regulations.
(4)  American Society for Testing Materials Voluntary Standards F966-90.
(5)  American Society for Testing Materials Voluntary Standards F1169-88.
(6)  Any regulations that are adopted in order to amend or supplement the regulations described in paragraphs (1) to (5), inclusive.
(c)  Cribs that are unsafe or fail to perform as expected pursuant to subdivision (b) include, but are not limited to, cribs that have any of the following dangerous features or characteristics:
(1)  Corner posts that extend more than one-sixteenth of an inch.
(2)  Spaces between side slats more than two and three-eighths inches.
(3)  Mattress support that can be easily dislodged from any point of the crib. A mattress segment can be easily dislodged if it cannot withstand at least a 25-pound upward force from underneath the crib.
(4)  Cutout designs on the end panels.
(5)  Rail height dimensions that do not conform to the following:
(A)  The height of the rail and end panel as measured from the top of the rail or panel in its lowest position to the top of the mattress support in its highest position is at least 22.8 centimeters (9 inches).
(B)  The height of the rail and end panel as measured from the top of the rail or panel in its highest position to the top of the mattress support in its lowest position is at least 66 centimeters (26 inches).
(6)  Any screws, bolts, or hardware that are loose and not secured.
(7)  Sharp edges, points, or rough surfaces, or any wood surfaces that are not smooth and free from splinters, splits, or cracks.
(8)  Non-full-size cribs with tears in mesh or fabric sides.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24503.

24503. On or after January 1, 1996, any commercial user who willfully and knowingly violates Section 24502 is guilty of a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000). Hotels, motels, or similar transient lodging shall not be subject to this section until January 1, 1998.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24504.

24504. Any person may maintain an action against any commercial user who violates Section 24502 to enjoin the remanufacture, retrofit, sale, contract to sell, contract to resell, lease, or subletting of a full-size or non-full-size crib that is unsafe for any infant using the crib, and for reasonable attorney’s fees and costs. This section shall not apply to hotels, motels, or similar transient lodging until January 1, 1998.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24505.

24505. Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 1 - Infant Crib Safety Act › Section 24506.

24506. If any provision of this article or the application thereof to any person or circumstances is held invalid or unconstitutional, that invalidity shall not affect other provisions or applications of this article that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 2 - Shaken Baby Syndrome › Section 24520.

24520. The Legislature finds and declares all of the following:
(a)  Shaken baby syndrome is a medically serious, sometimes fatal, matter affecting newborns and very young children. Shaking an infant or child in anger is particularly dangerous.
(b)  Vigorous shaking of an infant or child can result in bleeding inside the head, causing irreversible brain damage, blindness, cerebral palsy, hearing loss, spinal cord injury, seizures, learning disabilities, and even death.
(c)  While doctors have long recognized that shaking an infant or child can cause injuries, many adults remain unaware of how dangerous this practice can be.
(d)  Studies have shown that exposure to materials about the dangers of shaking a baby improved understanding of the effects of shaking an infant or child.
(e)  Shaken baby syndrome is preventable. Knowledge about shaken baby syndrome can be significantly raised through education and public awareness campaigns.
(f)  It is the intent of the Legislature to encourage public and private collaboration in developing instructional materials regarding shaken baby syndrome, and to encourage that these materials be supplied to health facilities, midwives, and to the State Department of Social Services free of charge.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 2 - Shaken Baby Syndrome › Section 24521.

24521. The purpose of this article is to prevent the occurrence of injuries and deaths to infants and children as a result of shaken baby syndrome by creating a statewide public awareness education campaign. The campaign shall include the distribution of readily understandable information and instructional materials regarding shaken baby syndrome, explaining its medical effects upon infants and children and emphasizing preventive measures.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.7 - Infant Safety › ARTICLE 2 - Shaken Baby Syndrome › Section 24522.

24522. (a)  Information and instructional materials as described in Section 24521 shall be provided free of charge by each health facility to parents or guardians of each newborn, upon discharge from the health facility. In the event of home birth attended by a licensed midwife, the midwife shall provide the information and instructional materials to the parents or guardians of the newborn.
(b)  The State Department of Social Services shall provide the information and instructional materials free of charge to child care providers upon licensure and at the time of site visit.
(c)  The information and instructional materials provided pursuant to this section shall focus upon the serious nature of the risk to infants and young children presented by shaken baby syndrome.
(d)  The requirement that informational and instructional materials be provided pursuant to this section applies only when those materials have been supplied to those persons or entities that are required to provide the materials. The persons or entities required to provide these materials shall not be subject to any legal cause of action whatsoever based on the requirements of this section.
(e)  For persons or agencies providing these materials pursuant to this section, this section does not require the provision of duplicative or redundant informational and instructional materials.
(Added by Stats. 1994, Ch. 1176, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24530.

24530. This chapter shall be known as and may be cited as the Bunk Bed Safety Act of 1999.
(Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24531.

24531. The Legislature finds and declares the following:
(a)  No state or federal law exists mandating the safety of bunk beds intended for use by children.
(b)  Since November 1994, the federal Consumer Product Safety Commission has recalled more than 500,000 bunk beds that posed serious health hazards to children, including thousands manufactured in California.
(c)  At least 54 children have died from head entrapment in bunk beds since 1990.
(Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24532.

24532. (a)  As used in this chapter, “sale” or “sell” means remanufacturing, retrofitting, selling, contracting to sell or resell, leasing, subletting, or otherwise placing in the stream of commerce.
(b)  As used in this chapter, “commercial user” means any person who deals in or engages in the business of selling bunk beds or who otherwise by one’s occupation holds oneself out as having knowledge or skill peculiar to bunk beds, or any person who sells bunk beds.
(Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24533.

24533. (a)  No commercial user shall sell, on or after June 19, 2000, a bunk bed that is unsafe for any child using the bunk bed.
(b)  A bunk bed is presumed to be unsafe for the purposes of this section if it does not conform to federal laws, rules, or regulations relative to safety standards for bunk beds.
(Amended by Stats. 2000, Ch. 6, Sec. 2. Effective March 28, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24534.

24534. Any commercial user who willfully and knowingly violates Section 24533 is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).
(Amended by Stats. 2000, Ch. 6, Sec. 3. Effective March 28, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24535.

24535. Any person may maintain an action against any commercial user who violates Section 24533 to enjoin the sale of a bunk bed that is unsafe for any child using the bunk bed, and for reasonable attorney’s fees and costs. This section shall not apply to hotels, motels, or similar transient lodging until July 1, 2003.
(Amended by Stats. 2000, Ch. 6, Sec. 4. Effective March 28, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24536.

24536. Remedies available under this article shall be in addition to any other remedies or procedures under any other provision of law that may be available to an aggrieved party.
(Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24537.

24537. This chapter does not apply to any bunk bed that was manufactured prior to June 19, 2000, if the sale of the bunk bed is accompanied by a disclosure statement attached in a conspicuous place on the bunk bed that states the following: “This bunk bed does not conform to the Bunk Bed Safety Act of 1999. Exercise caution before you select this product.”
(Amended by Stats. 2000, Ch. 6, Sec. 5. Effective March 28, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 4.8 - Bunk Beds › Section 24538.

24538. Nothing in this chapter shall supersede any provision of federal law or any regulation adopted pursuant to federal law.
(Added by Stats. 1999, Ch. 920, Sec. 1. Effective January 1, 2000.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 5 - Product Sales to Minors › Section 24600.

24600. (a) It is unlawful for a person to sell or otherwise furnish any device intended to deliver a nonnicotine product in a vapor state, to be directly inhaled by the user, to a person under 18 years of age.
(b) Subdivision (a) does not prohibit the sale or furnishing of a drug or medical device that has been approved by the federal Food and Drug Administration pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(c) A violation of this section is an infraction punishable by a fine not exceeding five hundred dollars ($500) for the first violation, by a fine not exceeding one thousand dollars ($1,000) for the second violation, or by a fine not exceeding one thousand five hundred dollars ($1,500) for a third or subsequent violation.
(Added by Stats. 2015, Ch. 769, Sec. 1. (AB 216) Effective January 1, 2016.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 1 - Findings and Declarations › Section 25100.

25100. The Legislature finds that:
(a)  Increasing quantities of hazardous wastes are being generated in the state, for which the generators of the hazardous waste must provide safe disposal.
(b)  Long-term threats to public health and to air and water quality are posed by the landfill disposal of many types of untreated hazardous wastes and by the inappropriate handling, storage, use, and disposal of hazardous wastes.
(c)  Extensive technology exists for the safe treatment, neutralization, and destruction of many types of hazardous wastes prior to disposal.
(d)  Numerous opportunities exist to reduce the amount of hazardous waste generated in the state and to conserve resources through the application of existing source reduction and recycling technology.
(e)  The people of the state face immense costs as a result of improper hazardous waste handling and disposal practices.
(Repealed and added by Stats. 1982, Ch. 89, Sec. 2. Effective March 2, 1982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 1 - Findings and Declarations › Section 25101.

25101. The Legislature therefore declares that:
(a)  In order to protect the public health and the environment and to conserve natural resources, it is in the public interest to establish regulations and incentives which ensure that the generators of hazardous waste employ technology and management practices for the safe handling, treatment, recycling, and destruction of their hazardous wastes prior to disposal.
(b)  In order to assist the generators of hazardous waste in meeting the responsibility for the safe disposal of hazardous waste it is necessary to establish the Hazardous Waste Management Council.
(c)  The Legislature further declares that in order to protect the public of this state and particularly the communities where hazardous wastes are treated and disposed, it is essential to assure full compensation of all people injured or damaged by hazardous wastes. It is therefore necessary that the Hazardous Waste Management Council, created pursuant to Section 25206, make recommendations regarding a system of insurance and mechanisms establishing liability to achieve this result, as required by subdivision (e) of Section 25208.
(d)  It is in the best interest of the health and safety of the people of the State of California for the state to obtain and maintain authorization to administer a state hazardous waste program in lieu of the federal program pursuant to Section 3006 of Public Law 94-580, as amended, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926). Therefore, it is the intent of the Legislature that the director shall have those powers necessary to secure and maintain interim and final authorization for the state hazardous waste program pursuant to the requirements of Section 3006 of Public Law 94-580, the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6926), and to implement such program in lieu of the federal program.
(Repealed and added by Stats. 1982, Ch. 89, Sec. 4. Effective March 2, 1982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 1 - Findings and Declarations › Section 25103.

25103. The Legislature has found that access by the people of this state to public records is a fundamental and necessary right. The Legislature finds that it is necessary to further the public’s right of access to public records pertaining to hazardous waste management, information, and cleanup, to assure the fullest opportunity for public participation in permitting and other decisions in order to protect public health and the environment.
(Added by Stats. 1986, Ch. 1140, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 1 - Findings and Declarations › Section 25105.

25105. No provision of this chapter shall limit the authority of any state or local agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce and administer.
(Added by renumbering Section 25172 by Stats. 1982, Ch. 89, Sec. 16. Effective March 2, 1982.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 1 - Findings and Declarations › Section 25106.

25106. Except as expressly provided by statute, this chapter does not supersede or modify Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1988, Ch. 1631, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.

25110. Unless expressly incorporated by reference by another statute, the definitions in this article govern only the construction of this chapter. Until terms used in this chapter are defined in either this chapter or in regulations adopted to implement this chapter, the corresponding definitions found in the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.) and the regulations adopted pursuant to that act, shall apply to the terms used in this chapter.
(Amended by Stats. 1989, Ch. 1436, Sec. 1. Effective October 2, 1989.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.02.

25110.02. “Acutely hazardous waste” means any hazardous waste classified as an acutely hazardous waste in regulations adopted by the department.
(Added by Stats. 1988, Ch. 1631, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.1.

25110.1. “Applicant” means any person seeking an original hazardous waste facilities permit, or an original hazardous waste hauler’s registration from the department to generate, transport, treat, store, recycle, dispose of or handle hazardous waste.
(Added by Stats. 1986, Ch. 1304, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.2.

25110.2. “Authorized local health officer” means a local health officer authorized by the department pursuant to Section 25187.7.
(Added by Stats. 1991, Ch. 886, Sec. 2.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.3.

25110.3. “Board” means the Board of Environmental Safety established pursuant to Section 25125.
(Added by Stats. 2021, Ch. 73, Sec. 4. (SB 158) Effective July 12, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.4.

25110.4. “Buffer zone” means an area of land that surrounds a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.
(Added by renumbering Section 25110.3 by Stats. 2021, Ch. 73, Sec. 3. (SB 158) Effective July 12, 2021.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.5.

25110.5. “Business” means the conduct of activity and is not limited to a commercial or proprietary activity.
(Added by Stats. 1977, Ch. 1039.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.8.

25110.8. “Business concern” means any sole proprietorship, corporation, association, firm, partnership, trust, or other form of commercial organization.
(Added by Stats. 1986, Ch. 1304, Sec. 3.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.8.5.

25110.8.5. “Class I violation” means any of the following:
(a)  A deviation from the requirements of this chapter, or any regulation, standard, requirement, or permit or interim status document condition adopted pursuant to this chapter, that is any of the following:
(1)  The deviation represents a significant threat to human health or safety or the environment because of one or more of the following:
(A)  The volume of the waste.
(B)  The relative hazardousness of the waste.
(C)  The proximity of the population at risk.
(2)  The deviation is significant enough that it could result in a failure to accomplish any of the following:
(A)  Ensure that hazardous waste is destined for, and delivered to, an authorized hazardous waste facility.
(B)  Prevent releases of hazardous waste or constituents to the environment during the active or postclosure period of facility operation.
(C)  Ensure early detection of releases of hazardous waste or constituents.
(D)  Ensure adequate financial resources in the case of releases of hazardous waste or constituents.
(E)  Ensure adequate financial resources to pay for facility closure.
(F)  Perform emergency cleanup operations of, or other corrective actions for, releases.
(b)  The deviation is a Class II violation which is a chronic violation or committed by a recalcitrant violator. “Class II Violation” has the same meaning as defined in Section 66260.10 of Title 22 of the California Code of Regulations.
(Added by Stats. 1994, Ch. 1217, Sec. 2. Effective January 1, 1995.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.9.

25110.9. (a)  “Conditionally exempt small quantity treatment” means the operations of a generator conditionally exempted pursuant to subdivision (a) of Section 25201.5.
(b)  “Conditionally exempt specified waste stream” means a waste stream treated by a generator conditionally exempted pursuant to subdivision (c) of Section 25201.5.
(Added by Stats. 1993, Ch. 411, Sec. 1. Effective September 21, 1993.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.9.1.

25110.9.1. (a)  “Conditional authorization” means a provision of this chapter, including, but not limited to, Section 25200.3, which provides that a person or activity is deemed to be operating pursuant to a grant of authorization, as required pursuant to subdivision (a) of Section 25201, if the person or activity meets the requirements of that provision.
(b)  “Conditional exemption” means a provision of this chapter, including, but not limited to, Sections 25144.6, 25201.5, 25201.5.1, 25201.8, and 25201.13, which provides that a person or activity is exempted from, or is otherwise not subject to, the requirement to obtain a hazardous waste facilities permit or other grant of authorization if the person or activity meets the requirements of that provision.
(Added by Stats. 1995, Ch. 640, Sec. 1. Effective January 1, 1996.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.9.3.

25110.9.3. For purposes of this chapter, “consolidated manifest” means a hazardous waste manifest used by a milk run transporter to combine hazardous waste shipments from multiple generators on one consolidated manifest pursuant to the procedures in Section 25160.2.
(Added by Stats. 2001, Ch. 319, Sec. 1. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.10.1.

25110.10.1. For purposes of this chapter, “consolidated transporter” means a hazardous waste transporter registered pursuant to Section 25165 and the regulations adopted by the department who has notified the department pursuant to Section 25165 of its intent to use the consolidated manifesting procedures set forth in Section 25160.2.
(Added by Stats. 2001, Ch. 319, Sec. 2. Effective January 1, 2002.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25110.11.

25110.11. (a) “Contained gaseous material,” for purposes of subdivision (a) of Section 25124 or any other provision of this chapter, means any gas that is contained in an enclosed cylinder or other enclosed container.
(b) Notwithstanding subdivision (a), “contained gaseous material” does not include any exhaust or flue gas, or other vapor stream, or any air or exhaust gas stream that is filtered or otherwise processed to remove particulates, dusts, or other air pollutants, regardless of the source.
(Amended by Stats. 2013, Ch. 76, Sec. 112. (AB 383) Effective January 1, 2014.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25111.

25111. “Department” means the Department of Toxic Substances Control.
(Amended by Stats. 2000, Ch. 343, Sec. 3. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25111.1.

25111.1. “Designated local public officer” means a local public officer designated by the director pursuant to subdivision (a) of Section 25180.
(Amended by Stats. 2000, Ch. 343, Sec. 3.5. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25112.

25112. “Director” means the Director of Toxic Substances Control.
(Amended by Stats. 2000, Ch. 343, Sec. 4. Effective January 1, 2001.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25113.

25113. (a)  “Disposal” means either of the following:
(1)  The discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste so that the waste or any constituent of the waste is or may be emitted into the air or discharged into or on any land or waters, including groundwaters, or may otherwise enter the environment.
(2)  The abandonment of any waste.
(b)  The amendment of the section made at the 1989–90 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the existing law.
(Amended by Stats. 1989, Ch. 1436, Sec. 2. Effective October 2, 1989.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25114.

25114. “Disposal site” means the location where any final deposition of hazardous waste occurs.
(Amended by Stats. 1977, Ch. 1039.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25114.5.

25114.5. “Environmental assessor” means an environmental professional as defined in Section 312.10 of Title 40 of the Code of Federal Regulations. Notwithstanding Section 25110, this definition shall apply for all California statutes, unless the context requires otherwise.
(Added by Stats. 2012, Ch. 39, Sec. 27. (SB 1018) Effective June 27, 2012.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25115.

25115. “Extremely hazardous waste” means any hazardous waste or mixture of hazardous wastes which, if human exposure should occur, may likely result in death, disabling personal injury or serious illness caused by the hazardous waste or mixture of hazardous wastes because of its quantity, concentration, or chemical characteristics.
(Amended by Stats. 1977, Ch. 1039.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25115.1.

25115.1. “Federal act” means the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. Sec. 6901 et seq.).
(Added by Stats. 1988, Ch. 1061, Sec. 1.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25116.

25116. “Handling” means the transporting or transferring from one place to another, or pumping, processing, storing, or packaging of hazardous waste, but does not include the handling of any substance before it becomes a waste.
(Amended by Stats. 1980, Ch. 878.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25116.5.

25116.5. (a)  “Intermediate manufacturing process stream” means a material, or combination of materials, that meets all of the following conditions:
(1)  It is produced as part of the manufacturing process.
(2)  It is used onsite on a batch or continuous basis, in either the same or in a different manufacturing process to produce a commercial product.
(3)  It is not a recyclable material.
(4)  The person who produced the material or combination of materials is able to demonstrate all of the following:
(A)  The material, or combination of materials, is used, alone or in combination with other materials, in a manufacturing process that is designed for its use.
(B)  The material, or combination of materials, is not accumulated or stored in amounts greater than can be used in the manufacturing process.
(C)  The material, or combination of materials, is not handled, stored, or processed in a manner that is inconsistent with its intended use or the operating requirements of the manufacturing process.
(D)  The material, or combination of materials, is not burned or incinerated for the purpose of abandoning or relinquishing the material or combination of materials, except as may otherwise be allowed under both this chapter and the federal act.
(b)  Notwithstanding subdivision (a), a material is not an intermediate manufacturing process stream if it has been released in violation of this chapter, or any other applicable law, or an order issued pursuant to this chapter or other applicable law, unless it has been released into an appropriate containment area or structure and has been promptly recovered and returned to the manufacturing process, without prior treatment, for use in the originally intended manufacturing process.
(Amended by Stats. 2001, Ch. 605, Sec. 2. Effective October 9, 2001. Operative January 1, 2002, by Sec. 18 of Ch. 605.)
2023 California Code › Health and Safety Code - HSC › DIVISION 20 - MISCELLANEOUS HEALTH AND SAFETY PROVISIONS › CHAPTER 6.5 - Hazardous Waste Control › ARTICLE 2 - Definitions › Section 25117.

25117. (a) Except as provided in subdivision (d), “hazardous waste” means a waste that meets any of the criteria for the identification of a hazardous waste adopted by the department pursuant to Section 25141.
(b) “Hazardous waste” includes, but is not limited to, RCRA hazardous waste.
(c) Unless expressly provided otherwise, “hazardous waste” also includes extremely hazardous waste and acutely hazardous waste.
(d) Notwithstanding subdivision (a), in any criminal or civil prosecution brought by a city attorney, county counsel, district attorney, or the Attorney General for violation of this chapter, when it is an element of proof that the person knew or reasonably should have known of the violation, or violated the chapter willfully or with reckless disregard for the risk, or acted intentionally or negligently, the element of proof that the waste is hazardous waste may be satisfied by demonstrating that the waste exhibited the characteristics set forth in subdivision (b) of Section 25141.
(Amended by Stats. 2023, Ch. 154, Sec. 1. (SB 642) Effective January 1, 2024.)