California Code of Regulations › Title 11 - Law › Division 4 - Proposition 65 Private Enforcement › Chapter 1 › Section 3001 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Subject to a
				Settlement" means that a written settlement agreement has been signed by the private
				enforcer and the alleged violator, or an oral agreement has been stated on the
				record in court in such manner as to render the agreement enforceable pursuant to
				Code of Civil Procedure section
				664.6,
				even if the settlement is contingent on the entry of a judgment pursuant to
				stipulation or other judicial approval.
(b) "Subject to a Judgment," means that the court
				has entered a judgment pursuant to stipulation, or that the court has entered an
				order entitling a party to entry of judgment (e.g., order granting a motion for
				summary judgment, order sustaining demurrer), regardless of whether the actual form
				of judgment has yet been prepared, approved, or filed.
(c) "Private Proposition 65 Action," means any
				complaint filed by a Private Enforcer in court in which a violation of Proposition
				65 is alleged and the Private Enforcer is proceeding pursuant to Health and Safety
				Code section
				25249.7(d).
(d) "Other Private Action Alleging Violations of
				Proposition 65" means a complaint filed by a Private Enforcer in which a violation
				of Proposition 65 is alleged, but the plaintiff is not proceeding pursuant to Health
				and Safety Code section
				25249.7(d).
(e) "Settlement" means any agreement to resolve
				all or part of (1) an action in which a violation of Proposition 65 is alleged, or
				(2) any violation alleged in a notice given pursuant to Health and Safety Code
				section
				25249.7(d)(1).
				"Settlement" includes any settlement by which injunctive relief, whether permanent
				or preliminary, is agreed upon, and also includes any agreement pursuant to which
				the case is dismissed, except for a voluntary dismissal in which no consideration is
				received from the defendant. Private Enforcers shall comply with these requirements
				for each partial settlement and any final settlement.
(f) "Additional Settlement Payment" means any
				settlement payment that is not a civil penalty, a reimbursement of costs, or a
				payment of attorney's fees.
(g) "Private
				Enforcer" means an individual or entity that gives notice of an alleged violation of
				Health and Safety Code section
				25249.5
				or
				25249.6
				pursuant to section
				25249.7, subdivision (d)(1), or a
				person that has filed an Other Private Action Alleging Violations of Proposition
				65.
1. New section
				  filed 6-1-2001; operative 7-1-2001 (Register 2001, No. 22).
2. Amendment
				  of subsection (c) filed 12-31-2001 as an emergency; operative 1-1-2002 (Register
				  2002, No. 1). A Certificate of Compliance must be transmitted to OAL by 5-1-2002 or
				  emergency language will be repealed by operation of law on the following
				  day.
3. Amendment of subsection (c) refiled 4-23-2002 as an emergency;
				  operative 5-1-2002 (Register 2002, No. 17). A Certificate of Compliance must be
				  transmitted to OAL by 8-29-2002 or emergency language will be repealed by operation
				  of law on the following day.
4. Amendment of subsection (c) refiled
				  8-29-2002 as an emergency; operative 8-29-2002 (Register 2002, No. 35). A
				  Certificate of Compliance must be transmitted to OAL by 12-27-2002 or emergency
				  language will be repealed by operation of law on the following day.
5.
				  Certificate of Compliance as to 8-29-2002 order, including further amendment of
				  section, transmitted to OAL 12-4-2002 and filed 1-17-2003 (Register 2003, No.
				  3).
6. Amendment of subsection (e) and new subsections (f) and (g) filed
				  8-30-2016; operative 10-1-2016 (Register 2016, No.
				  36).
Note: Authority cited: Section
					 25249.7(f),
					 Health and Safety Code. Reference: Sections
					 25249.7(e) and
					 (f), Health and Safety
					 Code.