§ 1714.43. — 1714.43. (Added by Stats. 2010, Ch. 556, Sec. 3.)

California § 1714.43.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 3.: DIVISION 3. OBLIGATIONS
• Part 3.: PART 3. OBLIGATIONS IMPOSED BY LAW

Text

(a)
(1)
Every retail seller and manufacturer doing business in this state and having annual worldwide gross receipts that exceed one hundred million dollars ($100,000,000) shall disclose, as set forth in subdivision (c), its efforts to eradicate slavery and human trafficking from its direct supply chain for tangible goods offered for sale.
(2)
For the
purposes of this section, the following definitions shall apply:
(A)
“Doing business in this state” shall have the same meaning as set forth in Section 23101 of the Revenue and Taxation Code.
(B)
“Gross receipts” shall have the same meaning as set forth in Section 25120 of the Revenue and Taxation Code.
(C)
“Manufacturer” means a business entity with manufacturing as its principal business activity code, as reported on the entity’s tax return filed under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code.
(D)
“Retail seller” means a business entity with retail trade as its principal business activity code, as reported on the entity’s tax return filed under Part 10.2 (commencing with Section 18401) of Division 2 of
the Revenue and Taxation Code.
(b)
The disclosure described in subdivision (a) shall be posted on the retail seller’s or manufacturer’s Internet Web site with a conspicuous and easily understood link to the required information placed on the business’ homepage. In the event the retail seller or manufacturer does not have an Internet Web site, consumers shall be provided the written disclosure within 30 days of receiving a written request for the disclosure from a consumer.
(c)
The disclosure described in subdivision (a) shall, at a minimum, disclose to what extent, if any, that the retail seller or manufacturer does each of the following:
(1)
Engages in verification of product supply chains to evaluate and address risks of human trafficking and slavery. The disclosure shall specify if the verification was not
conducted by a third party.
(2)
Conducts audits of suppliers to evaluate supplier compliance with company standards for trafficking and slavery in supply chains. The disclosure shall specify if the verification was not an independent, unannounced audit.
(3)
Requires direct suppliers to certify that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business.
(4)
Maintains internal accountability standards and procedures for employees or contractors failing to meet company standards regarding slavery and trafficking.
(5)
Provides company employees and management, who have direct responsibility for supply chain management, training on human trafficking
and slavery, particularly with respect to mitigating risks within the supply chains of products.
(d)
The exclusive remedy for a violation of this section shall be an action brought by the Attorney General for injunctive relief. Nothing in this section shall limit remedies available for a violation of any other state or federal law.
(e)
The provisions of this section shall take effect on January 1, 2012.

Legislative History

Added by Stats. 2010, Ch. 556, Sec. 3. (SB 657) Effective January 1, 2011. Section operative January 1, 2012, pursuant to its own provisions.