reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21750.

21750. For purposes of this chapter, the following definitions apply:
(a) “Copyright owner” means the owner of a copyright of a nondramatic musical work recognized and enforceable under the copyright laws of the United States pursuant to Title 17 of the United States Code, P. L. 94-553 (17 U.S.C. Sec. 101 et seq.). “Copyright owner” does not include the owner of a copyright in a motion picture or audiovisual work, or in part of a motion picture or audiovisual work.
(b) “Performing rights society” means an association or corporation that licenses the public performance of nondramatic musical works on behalf of copyright owners, such as the American Society of Composers, Authors and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC, Inc.
(c) “Proprietor” means the owner of a retail establishment, restaurant, inn, bar, tavern, or any other similar place of business or professional office located in this state in which the public may assemble and in which nondramatic musical works may be performed, broadcast, or otherwise transmitted for the enjoyment of the assembled members of the public.
(d) “Royalty” or “royalties” means the fees payable to a copyright owner or performing rights society for the public performance of a nondramatic musical work.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21751.

21751. No copyright owner or performing rights society may enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless at least 72 hours prior to the execution of that contract, it provides to the proprietor, in writing, the following:
(a) A schedule of the rates and terms of royalties under the contract.
(b) Notice that the proprietor is entitled to the information contained in subdivision (a) and Section 21751.5.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21751.5.

21751.5. A performing rights society shall make available electronically to proprietors the most current available list of the members and affiliates represented by the performing rights society and the most current available list of no less than the performed works that the society licenses. A performing rights society may make additional information available to a proprietor at a reasonable cost.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21752.

21752. A contract for the payment of royalties executed in this state shall:
(a) Be in writing.
(b) Be signed by the parties.
(c) Include at least the following information:
(1) The proprietor’s name and business address.
(2) The name and location of each place of business to which the contract applies.
(3) The duration of the contract.
(4) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale or schedule for any increase or decrease of those rates for the duration of that contract.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21753.

21753. (a) No representative or agent of a performing rights society may do any of the following:
(1) Discuss with the proprietor or the proprietor’s employee, a contract for payment of royalties by a proprietor or the use of copyrighted works by the proprietor, without first identifying himself or herself to the proprietor or the proprietor’s employees.
(2) Engage in any coercive conduct, act, or practice that is substantially disruptive of a proprietor’s business, or use or attempt to use a fraudulent act, as defined in Section 1572 of the Civil Code.
(3) Fail to comply with Section 21751, 21751.5, or 21752.
(b) This chapter does not prohibit a copyright owner or performing rights society from conducting investigations to determine the existence of music use by a proprietor or informing a proprietor of the proprietor’s obligation under Title 17 of the United States Code.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21754.

21754. A person who wilfully violates any of the provisions of this act is liable for a civil penalty of five thousand dollars ($5,000) per violation.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21755.

21755. A proprietor may bring an action or assert a counterclaim against a copyright owner or performing rights society to enjoin any violation of this chapter and to recover any damages sustained by the proprietor as a result of a violation of this chapter. If successful, the proprietor is entitled to recover treble damages, together with filing fees and reasonable costs of suit, in addition to any other legal or equitable relief.
If a proprietor prevails in a cause of action alleging a willful violation of paragraph (2) of subdivision (a) of Section 21753, the prevailing proprietor shall be awarded reasonable attorney’s fees.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21756.

21756. The rights, remedies, and prohibitions accorded by this chapter are in addition to any other right, remedy, or prohibition accorded by law. Nothing in this chapter shall be construed to deny, abrogate, or impair any right, remedy, or prohibition.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21757.

21757. This chapter does not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission. However, if a copyright owner or performing rights society is licensed by the Federal Communications Commission, this chapter applies to contracts between that copyright owner or performing rights society and a proprietor.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11 - Copyrighted Performances of Musical Works › Section 21758.

21758. This chapter does not apply to conduct engaged in while enforcing Section 653w of the Penal Code.
(Added by Stats. 1996, Ch. 340, Sec. 2. Effective January 1, 1997.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21800.

21800. (a) Every person who manufactures an optical disc for commercial purposes shall permanently mark each manufactured optical disc with an identification mark that identifies the name of the manufacturer and the state in which the optical disc was manufactured or, alternatively, a unique identifying code that will allow law enforcement personnel to determine the name of the manufacturer and the state in which the optical disc was manufactured.
(b) The identification mark required by this section shall be affixed by molding, diestamping, etching, or other permanent method in a manner in which the identification mark is clearly visible without the aid of magnification or special devices to read the mark.
(Amended by Stats. 2011, Ch. 421, Sec. 1. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21801.

21801. (a) No person who manufactures optical discs for commercial purposes shall (1) possess, own, control, or operate manufacturing equipment or any optical disc mold unless it has been adapted to apply the appropriate identification mark or unique identifying code in accordance with this chapter, or (2) make, possess, or adapt any optical disc mold for the purpose of applying to an optical disc a forged or false identification mark or identifying code, or any mark so similar to a manufacturer’s identification mark or identifying code as to be likely to deceive.
(b) Any manufacturing equipment, optical disc mold, or production part found on the premises of a commercial manufacturer shall for the purposes of this chapter be deemed to be in the possession of the manufacturer.
(Repealed and added by Stats. 2011, Ch. 421, Sec. 3. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21802.

21802. For purposes of this chapter, the following terms shall have the following meanings:
(a) “Commercial purposes” means the manufacture of at least 10 of the same or different optical discs in a 180-day period by storing information on the disc for the purposes of resale by that person or others.
(b) “Manufacturer” means a person who replicates the physical optical disc or produces the master used in any optical disc replication process. It does not include a person who manufactures optical discs for internal use, testing, or review, or a person who manufactures blank optical discs.
(c) “Manufacturing equipment” means any machine, equipment, or device, including mastering equipment, used for the manufacture of optical discs or production parts in accordance with this chapter.
(d) “Mastering equipment” means any machine, equipment, or device used for the mastering of optical discs or production parts consisting of a signal processor and laser beam recorder or any other recorder, used to record data onto the glass or polymer master disc from which production parts are produced, or to record data directly onto a production part.
(e) “Optical disc” means a disc capable of being read by a laser or other light source on which data is stored in digital form. It includes, but is not limited to, discs known as CDs, DVDs, or related mastering source materials. It does not include blank optical discs.
(f) “Production part” means the item usually referred to as a stamper that embodies data in a digital form and is capable of being used to mold optical discs, and includes any other item, usually referred to as a master, father or mother, embodying data from which a stamper may be produced by means of an electroplating process.
(g) “Professional organization” means an organization whose membership consists wholly or substantially of intellectual property rights owners, and which is mandated by those members to enforce their rights against counterfeiting and piracy.
(Repealed and added by Stats. 2011, Ch. 421, Sec. 5. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21803.

21803. (a) Law enforcement officers are authorized to perform inspections at commercial optical disc manufacturing facilities to verify compliance with the provisions of this chapter. Any inspection shall be conducted by officers whose primary responsibilities include investigation of high-technology crime or intellectual property piracy. Inspections shall take place during regular business hours and shall be limited to the areas of the premises where manufacturing equipment is located and where optical discs and production parts are manufactured and stored. The scope of the inspection shall be restricted to the physical review of items and collection of information necessary to verify compliance with the provisions of this chapter. Officers performing inspections may do so without providing prior notice or obtaining a warrant, and shall have the authority to do all of the following:
(1) Take an inventory of all manufacturing equipment, including the identification mark or unique identifying code that any piece of equipment has been modified to apply.
(2) Review any optical disc, manufacturing equipment, optical disc mold, or production part.
(3) Review any record, book, or document maintained under Section 21807, kept in any format, electronic or otherwise, relating to the business concerned.
(4) Inspect, remove, and detain for the purpose of examination for as long as reasonably necessary any optical disc, production part, or record, book, or document maintained under Section 21807.
(5) Seize any optical disc or production part manufactured in violation of this chapter.
(6) Obtain and remove four samples each of the optical discs molded by each mold that has been used or could be used to manufacture optical discs.
(b) No person shall evade, obstruct, or refuse any inspection requested or being carried out by a law enforcement officer to determine compliance with this chapter. The manufacturer, and the employees, servants, or agents of the manufacturer, shall cooperate during the course of the inspection by promptly doing all of the following:
(1) Providing and explaining any record, book, or document required to be maintained pursuant to Section 21807.
(2) Pointing out and providing access to all optical discs, manufacturing equipment, optical disc molds, and production parts and demonstrating to the satisfaction of the officer that they include or have been adapted to apply the required identification mark or unique identifying code.
(3) Providing and permanently surrendering four samples each of the optical discs molded by each mold that has been used or could be used to manufacture optical discs.
(Repealed and added by Stats. 2011, Ch. 421, Sec. 7. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21804.

21804. Except as otherwise provided in this chapter, any manufacturer of optical discs who violates this chapter is guilty of a misdemeanor, and shall be subject to a fine of not less than five hundred dollars ($500) and not more than twenty-five thousand dollars ($25,000) for a first offense, and shall be subject to a fine of not less than five thousand dollars ($5,000) nor more than two hundred fifty thousand dollars ($250,000) for a second or subsequent offense.
(Amended by Stats. 2011, Ch. 421, Sec. 8. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21805.

21805. Any person who buys, sells, receives, transfers, or possesses for purposes of sale or rental an optical disc knowing that the identification mark required by this chapter has been removed, defaced, covered, altered, or destroyed, or knowing it was manufactured in California without the required identification mark, or knowing it was manufactured in California with a false identification mark is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.
(Amended by Stats. 2011, Ch. 421, Sec. 9. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21806.

21806. Any person who knowingly removes, defaces, covers, alters, or destroys the identification mark required by this chapter is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both the fine and imprisonment.
(Amended by Stats. 2011, Ch. 421, Sec. 10. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 11.5 - Optical Disc Identification › Section 21807.

21807. (a) Every person who manufactures optical discs for commercial purposes shall keep full and accurate records of its manufacturing equipment, and shall make them available to law enforcement for inspection pursuant to this chapter. The records shall include a current inventory of manufacturing equipment, and every purchase, lease, sale, disposal, or other transaction relating to any manufacturing equipment, specifying the make, model, and serial number of the equipment, the identification mark or unique identifying code which the equipment has been adapted to apply, the date and nature of each transaction, and the full name and address of the party with whom the transaction was entered into.
(b) Every person who manufactures optical discs for commercial purposes shall keep all of the following, for a period of not less than five years from the date of production:
(1) One sample of each optical disc title manufactured by it.
(2) One copy in a retrievable form of the content of each production part manufactured by it.
(3) The name and physical address of the customer, or if the order was placed by an intermediary, the name and physical address of the actual customer who originated the order.
(Added by Stats. 2011, Ch. 421, Sec. 11. (SB 550) Effective January 1, 2012.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 1 - General Provisions › Section 22101.

22101. “Article” means any article of merchandise, and includes each and every portion of any such article whether or not such portion is separable or is a distinct part thereof.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 1 - General Provisions › Section 22102.

22102. “Mark” means any mark, sign, device, imprint, stamp or brand applied to any article or to any tag, card, paper, label, box, carton, container, holder, package cover or wrapping attached to, used in conjunction with or to inclose any article, or to any bill, bill of sale, invoice, statement, letter, circular, advertisement, notice, memorandum or other writing or printing concerning any article.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 1 - General Provisions › Section 22103.

22103. “Apply,” “applies” or “applied” mean imprint, emboss or engrave on the article itself and not otherwise.
(Amended by Stats. 1943, Ch. 919.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 1 - General Provisions › Section 22104.

22104. “Person” includes a firm, partnership, association, limited liability company, and corporation.
(Amended by Stats. 1994, Ch. 1010, Sec. 27. Effective January 1, 1995.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22120.

22120. The provisions of this article shall apply exclusively to the following metals and to the alloys of each:
(a) Platinum
(b) Iridium
(c) Palladium
(d) Ruthenium
(e) Rhodium
(f) Osmium.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22121.

22121. “Quality mark” is any mark describing, identifying or referring to or appearing or seeming or purporting to indicate, describe, identify or refer to the partial or total presence or existence of, or the quality of, or the percentage of, or the purity of, or the number of parts of platinum, iridium, palladium, ruthenium, rhodium or osmium in any article.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22122.

22122. No more than one quality mark shall be applied to any article and such quality mark shall be applied to such article in only one place thereof, except as otherwise in this article specifically permitted. Each quality mark shall be legible, clear and distinct.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22123.

22123. If an article is composed of mechanism, works or movements and of a case or cover containing the mechanism, works or movements, a quality mark applied to the article shall not apply to the mechanism, works or movements.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22124.

22124. A quality mark applied to any article shall not apply to springs, winding bars, sleeves, crown cores, mechanical joint pins, screws, rivets, dustbands, detachable movement rims, hat-pin stems, bracelet or necklace snap tongues.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22125.

22125. If a quality mark is applied to an article in accordance with the provisions of subdivision (e) of Section 22128, it shall not apply to pin tongues, joints, catches, lapel button backs and posts to which they are attached, scarf-pin stems, hat-pin sockets, shirt-stud backs, vest-button backs and any screw backs, if such parts are made of the same quality of gold as that used in the balance of the article.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22126.

22126. If a quality mark is printed, stamped or branded on any article itself, the person so applying such mark shall also apply a trade-mark duly applied for or registered to him under the laws of the United States.
If the person so applying such quality mark is the manufacturer of the article and has sold or contracted to sell such article to a jobber, wholesale or retail dealer regularly engaged in the business of buying and selling similar articles, this section shall be deemed to be complied with if a trade-mark duly registered under the laws of the United States to such jobber, wholesale or retail dealer is applied to such article.
A manufacturer of an article may also mark on the article, in addition to the marks herein specifically required, numerals intended to identify the article or the design or pattern used in such article if such numerals do not appear or purport to be a part of the quality mark and are not calculated to mislead or deceive any person into believing that they are a part of the quality mark.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22127.

22127. Wherever in this article provision is made for marking the number of parts or percentage of metals in any article such number or percentage shall refer to weight and not to volume, thickness or any other standard of measurement.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22129.

22129. Abbreviations. Whenever provided for in this article, and except as specifically excepted in paragraph (d) of Section 22128:
(a) The word “platinum” may be applied by spelling it out in full or by the abbreviation “plat.”
(b) The word “iridium” may be applied by spelling it out in full or by the abbreviation “irid.”
(c) The word “palladium” may be applied by spelling it out in full or by the abbreviation “pall.”
(d) The word “ruthenium” may be applied by spelling it out in full or by the abbreviation “ruth.”
(e) The word “rhodium” may be applied by spelling it out in full or by the abbreviation “rhod.” and
(f) The word “osmium” may be applied by spelling it out in full or by the abbreviation “osmi.”.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22130.

22130. In any action relating to the enforcement of any provision of this article, a certificate duly issued by an assay office of the Treasury Department of the United States, certifying the weight of any article, or any part thereof, or of the kind, weight, quality, fineness or quantity of any ingredient thereof, shall be receivable in evidence as constituting prima facie proof of the matter or matters so certified.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22131.

22131. In any action relating to the enforcement of any provision of this article, proof that an article has been marked in violation of the provisions of this article shall be deemed to be prima facie proof that such article was manufactured after this article became effective.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 2 - The Platinum Group › Section 22132.

22132. Any person or any officer, director, employee or agent of any person who makes, sells, or offers to sell, or dispose of, or has in his possession, with intent to sell or dispose of any article to which is applied any quality mark which does not conform to all of the provisions of this article, or from which is omitted any mark required by the provisions of this article, shall be guilty of a misdemeanor.
It shall be a defense to any prosecution under this article for the defendant to prove that the said article was manufactured and marked with the intention of and for purposes of exportation from the United States and that the said article was either actually exported from the United States to a foreign country within six months after the date of manufacture thereof with the bona fide intention of being sold in the said country and of not being reimported; or that it was delivered within six months after date of manufacture thereof, to a person whose exclusive customary business is the exportation of such articles from the United States.
(Added by Stats. 1941, Ch. 316.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22176.

22176. As used in this article “quality mark” means any mark indicating or purporting to indicate that any article is composed of gold or of any of its alloys or indicating or purporting to indicate the quality, fineness, quantity, weight or kind of gold or its alloys in an article.
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22177.

22177. A quality mark need not be applied to any article, but if a quality mark is applied to any article it shall be applied in accordance with the provisions of this article.
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22178.

22178. A quality mark applied to any article shall indicate the number of twenty-fourth parts by weight of pure gold or its alloy contained in the article.
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22179.

22179. The variation between the actual fineness of the gold or its alloy contained in any article and that indicated by the quality mark applied to such article shall not exceed the tolerances for fineness prescribed for articles made of gold and its alloys which are to be moved in interstate commerce by that act of the United States Government entitled “An act forbidding the importation, exportation or carriage in interstate commerce of falsely or spuriously stamped articles of merchandise made of gold or silver or their alloys, or for other purposes,” approved June 13, 1906 (34 Stats. 260; 15 U.S.C. Secs. 294-300, inclusive).
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22180.

22180. Any person who applies or causes any quality mark to be applied to any article which is made in whole or in part of gold or of any of its alloys shall also apply a trade-mark duly applied for or registered to him under the laws of the United States or of this State to such article.
If the person so applying such mark is the manufacturer of the article and has sold or contracted to sell such article to a jobber, wholesale or retail dealer regularly engaged in the business of buying and selling similar articles, this section shall be deemed to be complied with if a trade-mark duly registered under the laws of the United States or of this State to such jobber, wholesale or retail dealer is applied to such article.
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 12 - Precious Metal Marking › ARTICLE 3 - Gold › Section 22181.

22181. Any person or any officer, director, employee or agent of any person who makes, sells or offers to sell or dispose of, or has in his possession with intent to sell or dispose of, any article to which is applied any quality mark which does not conform to all the provisions of this article or from which is omitted any mark required by the provisions of this article is guilty of a misdemeanor.
(Added by Stats. 1941, Ch. 319.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 13 - Polyethylene Plastic Materials › Section 22200.

22200. No bag made of plastic material of an average gauge thinner than 0.001 inch which is large enough to fit over a child’s head shall be used by any business establishment as a container for products delivered to purchasers, or by any other business establishment to package articles delivered to customers or other persons doing business with the establishment, or, after January 1, 1988, shall be directly sold, delivered, or given to any business establishment located in the State of California by any manufacturer, supplier, or distributor after January 1, 1988, unless there is printed upon such bag, or upon a gummed label which is securely attached to such bag, in clear legible type the following: “CAUTION—KEEP AWAY FROM SMALL CHILDREN. THE THIN FILM MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING,” or a similar warning that the bag is dangerous to small children. This section shall not apply to those plastic bags which are used exclusively for industrial purposes.
(Amended by Stats. 1988, Ch. 109, Sec. 2. Effective May 17, 1988.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 13 - Polyethylene Plastic Materials › Section 22201.

22201. As used in this chapter, “a bag large enough to fit over a child’s head” means any bag which, when open, has an opening larger than 25 square inches or a capacity of more than 125 cubic inches.
(Added by Stats. 1959, Ch. 1546.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 13 - Polyethylene Plastic Materials › Section 22202.

22202. As used in this chapter, “clear legible type” means type which meets all the following qualifications:
(a) Is clear and legible.
(b) Is of a bright color which will be clearly visible against either a light or a dark background.
(c) Is printed by some method other than rubber stamp, such as by offset or letterpress, so as to prevent the ink from smearing and to insure that the printed matter will be clear and distinct.
(d) Is not less than the following size:
Total of length and width
of bag combined
Size of type
Less than 30 inches ........................
10 point
30 inches or more, but less than 40 inches ........................
14 point
40 inches or more, but less than 60 inches ........................
18 point
60 inches or more ........................
24 point
(Added by Stats. 1961, Ch. 197.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 13 - Polyethylene Plastic Materials › Section 22203.

22203. No bag made of polyethylene plastic material thinner than 0.001 inch which is large enough to fit over a child’s head shall be used, after the effective date of this section, by any retail store as a container for products, other than for food products weighing not more than five pounds, delivered to purchasers, or by any other retail business establishment to package articles delivered to customers, if any cartoon, picture, or caricature is on such bag which cartoon, picture, or caricature will, or will have a tendency to, facilitate or encourage the use of such bag as a toy by children under 12 years of age.
This section does not prohibit legitimate advertising which does not facilitate or encourage the use of such bag as a toy.
(Added by Stats. 1961, Ch. 197.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22250.

22250. This chapter shall be known and may be cited as the Tax Preparation Act. Whenever a reference is made to the Tax Preparation Act by any statute, it shall be construed to refer to this chapter.
(Added by Stats. 2018, Ch. 597, Sec. 2. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22251.1.

22251.1. It is the intent of this chapter to enable consumers to easily identify credible tax preparers who are bonded and registered, to ensure tax preparers receive adequate education and treat confidential information appropriately, to prohibit tax preparers from making fraudulent, untrue, or misleading representations, and to provide for a self-funded nonprofit oversight body to register tax preparers and ensure that they meet all of the requirements of this chapter.
(Added by Stats. 2013, Ch. 660, Sec. 2. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22251.3.

22251.3. (a) The council shall issue a registration to any applicant who provides satisfactory evidence that he or she meets all of the requirements of this chapter and who complies with the bylaws, rules, and procedures established by the council.
(b) In order to obtain a registration, an applicant shall submit a written application in a form provided by the council and provide the council with satisfactory evidence that he or she meets all of the following requirements:
(1) The applicant has successfully completed the educational requirements described in subdivision (a) of Section 22255.
(2) The applicant has successfully passed a background investigation pursuant to Section 22253.5.
(3) All fees required by the council as described in subdivision (c) of Section 22251.2 have been paid.
(4) The applicant meets all of the other requirements for registration in this chapter.
(c) Any registration under this chapter shall be subject to renewal every year in a manner prescribed by the council, and shall expire unless renewed in that manner. The council may provide for the late renewal of a registration.
(Amended by Stats. 2018, Ch. 597, Sec. 5. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22251.4.

22251.4. (a) The council shall establish and maintain on its Internet Web site a searchable public registry of registrants. Each registrant’s listing shall clearly indicate whether the registrant is actively in compliance with the annual registration requirements and shall include any of the following information that is applicable to the registrant:
(1) The registrant’s name and mailing address.
(2) The registrant’s California Tax Education Council registration number.
(3) Any other information the council believes would be beneficial to consumers of tax preparation services that is consistent with protecting the public pursuant to subdivision (b) of Section 22251.2.
(b) The Internet Web site of the council shall contain direct links to the Internet Web sites maintained by the California Board of Accountancy, the State Bar of California, and the Internal Revenue Service where public information regarding tax preparers exempt from this chapter may be obtained.
(Added by Stats. 2018, Ch. 597, Sec. 6. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22252.

22252. Prior to rendering any tax preparation services, a tax preparer shall provide the customer in writing with the following:
(a) The tax preparer’s name, address, and telephone number.
(b) Evidence of compliance with the bonding requirement of Section 22250.1, including the bond number, if any.
(c) The address of the Internet Web site of the council.
(Amended by Stats. 2018, Ch. 597, Sec. 7. (AB 3143) Effective January 1, 2019. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22252.1.

22252.1. (a) No confidential information obtained by a tax preparer, in his or her professional capacity, concerning a client or a prospective client shall be disclosed by the tax preparer without the written permission of the client or prospective client, except for the following:
(1) Disclosures made by a tax preparer in compliance with a subpoena or a summons enforceable by order of a court.
(2) Disclosures made by a tax preparer regarding a client or prospective client to the extent the tax preparer reasonably believes it is necessary to maintain or defend himself or herself in a legal proceeding initiated by the client or prospective client.
(3) Disclosures made by a tax preparer in response to an official inquiry from a federal or state government regulatory agency.
(4) Disclosures made by a tax preparer or to a tax preparer’s duly authorized representative to another tax preparer in connection with a proposed sale or merger of the tax preparer’s professional practice.
(5) Disclosures made by a tax preparer to either of the following:
(A) Another tax preparer to the extent necessary for purposes of professional consultation.
(B) Organizations that provide professional standards review and ethics or quality control peer review.
(6) Disclosures made when specifically required by law.
(b) In the event that confidential client information may be disclosed to persons or entities outside the United States of America in connection with the services provided, the tax preparer shall inform the client in writing and obtain the client’s written permission for the disclosure.
(c) It is the intent of the Legislature that this section complement and does not replace Section 17530.5 as applied to tax preparers by subdivision (f) of Section 1799.1a of the Civil Code.
(Added by Stats. 2004, Ch. 921, Sec. 16. Effective January 1, 2005. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22252.5.

22252.5. The Legislature finds and declares that it is important to inform taxpayers that they may make voluntary contributions to certain funds or programs, as provided on the state income tax return. The Legislature further finds and declares that many taxpayers remain unaware of the voluntary contribution check-offs on the state income tax return. Therefore, it is the intent of the Legislature to encourage all persons who prepare state income tax returns, including tax preparers, to inform their clients in writing, prior to the completion of any state income tax return, that they may make a contribution to any voluntary contribution check-off on the state income tax return if they so choose.
(Amended by Stats. 1998, Ch. 485, Sec. 33. Effective January 1, 1999. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22253.2.

22253.2. (a) The Franchise Tax Board shall notify the California Tax Education Council when it identifies an individual who has violated paragraph (1) of subdivision (a) of Section 22253.
(b) Upon receiving the notice described in subdivision (a), the California Tax Education Council may notify the Attorney General, a district attorney, or a city attorney of the violation. Upon receiving this notice, the Attorney General, a district attorney, or a city attorney may do any of the following:
(1) Cite individuals preparing tax returns in violation of subdivision (a) of Section 22253.
(2) Levy a fine up to five thousand dollars ($5,000) per violation.
(3) Issue a cease and desist order, which shall remain in effect until the individual has complied with paragraph (1) of subdivision (a) of Section 22253.
(c) The California Tax Education Council may enter into an agreement with the Franchise Tax Board to provide reimbursement to the Franchise Tax Board for any expenses incurred by the Franchise Tax Board to implement subdivision (a) of this section.
(Amended by Stats. 2011, Ch. 432, Sec. 34. (SB 944) Effective January 1, 2012. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22253.3.

22253.3. (a) The council may discipline a registrant by any, or a combination, of the following methods:
(1) Placing the registration on probation.
(2) Suspending the registration and the rights conferred by this chapter on a registrant for a period not to exceed one year.
(3) Revoking the registration.
(4) Suspending or staying the disciplinary order, or portions of it, with or without conditions.
(5) Taking other action as the council, as authorized by this chapter or its bylaws, rules, or procedures, deems proper.
(b) The council may issue an initial registration on probation, with specific terms and conditions, to any applicant.
(c) If a registration is suspended or revoked, the council shall notify the Franchise Tax Board and the Internal Revenue Service.
(Added by Stats. 2013, Ch. 660, Sec. 7. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)
2023 California Code › Business and Professions Code - BPC › DIVISION 8 - SPECIAL BUSINESS REGULATIONS › CHAPTER 14 - Tax Preparers › Section 22253.4.

22253.4. (a) No registrant or applicant may be disciplined or denied registration except according to procedures satisfying the requirements of this section. A denial or discipline not in accord with this section shall be void and without effect.
(b) Any application denial or registrant discipline shall be done in good faith and in a fair and reasonable manner. Any procedures that conform to the requirements of this chapter are fair and reasonable, but a court may also find other procedures to be fair and reasonable when the full circumstances of the application denial or registrant discipline are considered.
(c) A procedure is fair and reasonable if all of the following apply:
(1) It provides the giving of 15 days prior notice of the application denial or registration discipline and the reasons therefor.
(2) It provides an opportunity for the applicant or registrant to be heard, either orally or in writing, not less than five days before the effective date of the application denial or registrant discipline by a person or body authorized to decide that the proposed application denial or registrant discipline not take place.
(d) Any notice required under this section may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or express mail sent to the last address of the applicant or registrant shown on the council’s records.
(e) Any action challenging an application denial or registrant discipline, including any claim alleging defective notice, shall be commenced within one year after the effective date of the application denial or registrant discipline in the superior court in and for the county of the council’s principal place of business. If the action is successful, the court may order any relief, including reinstatement, that it finds equitable under the circumstances.
(f) The council may charge applicants and registrants a reasonable regulatory fee as a condition of any hearing requested by the applicant or registrant for the purpose of contesting denial of a registration or discipline of a registrant. This fee shall not exceed the reasonable cost to the council of providing the hearing. Upon a favorable judgment for the council in any proceeding, the council shall be entitled to recover its reasonable attorney’s fees.
(g) This section governs only the procedures for application denial or registrant discipline and not the substantive grounds therefor. An application denial or registrant discipline based upon substantive grounds that violates contractual or other rights of the applicant or registrant or is otherwise unlawful is not made valid by compliance with this section.
(Added by Stats. 2013, Ch. 660, Sec. 8. (SB 484) Effective January 1, 2014. Repealed as of January 1, 2028, pursuant to Section 22259.)