(a)
(1)The department may issue a formal request for information from product manufacturers. The request shall be accompanied by a brief statement on why the department is requesting the information. A product manufacturer shall provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within the time specified in paragraph (4). The department’s request may include, but is not limited to, all of the following:
(A)Information on ingredient chemical identity, concentration, and functional use.
(B)Existing
information, if any, related to the use of the products by children, pregnant women, or other sensitive populations.
(C)Data on state product sales, or national product sales in the absence of state product sales
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(a)
(1)
The department may issue a formal request for information from product manufacturers. The request shall be accompanied by a brief statement on why the department is requesting the information. A product manufacturer shall provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within the time specified in paragraph (4). The department’s request may include, but is not limited to, all of the following:
(A)
Information on ingredient chemical identity, concentration, and functional use.
(B)
Existing
information, if any, related to the use of the products by children, pregnant women, or other sensitive populations.
(C)
Data on state product sales, or national product sales in the absence of state product sales data.
(2)
(A)
If the product manufacturer certifies in writing that it does not have access to information requested pursuant to paragraph (1), in whole or in part, and that it has attempted to, but cannot, obtain that information from one or more suppliers or chemical manufacturers, the product manufacturer shall provide the identity and contact information of those suppliers or chemical manufacturers to the department.
(B)
To the extent that the product manufacturer satisfies the requirements
of subparagraph (A), the product manufacturer shall be considered to be in compliance with the requirement to provide the data and information specified in paragraph (1), with respect to the information that the product manufacturer has attempted to obtain from the supplier or chemical manufacturer, and shall be absolved of liability for violating this section as it pertains to the provision of that information.
(C)
The department may issue an independent information request to a supplier or chemical manufacturer identified by the product manufacturer pursuant to subparagraph (A) for the unknown information that the product manufacturer certifies it does not have access to, as well as for the identity and contact information of other suppliers or chemical manufacturers, as necessary to access the information requested pursuant to paragraph
(1). Upon the department’s request, a supplier or chemical manufacturer shall provide the information requested pursuant to this subparagraph to the department. The supplier or chemical manufacturer shall be considered to be in violation of this section, and is liable for civil penalties pursuant to subdivision (b), to the extent that it fails to comply with an information request, pursuant to subparagraph (A) or (B), in its entirety.
(3)
The department may seek data and information pursuant to paragraphs (1) and (2) for any product category or subcategory published in a previous Priority Product Work Plan or being considered for inclusion in an upcoming Priority Product Work Plan.
(4)
The department shall provide 30 days for a response to a request for data or information,
unless the department concludes additional time is necessary for the entity to obtain the necessary information. If the department determines that a longer time is required, it shall identify the deadline for response, which shall not exceed 120 days. If the entity is in communication with the department and is working in good faith to fulfill the department’s request, the department may exceed 120 days by granting additional time in an amount not to exceed 60 days.
(5)
In providing data or information in response to a request from the department, a product manufacturer, chemical manufacturer, or supplier may raise trade secret claims in accordance with Section 25257.
(b)
(1)
A person who violates this section shall be liable for a civil penalty not to
exceed fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues. Liability under this section may be imposed in a civil action or may be imposed administratively.
(2)
A penalty collected pursuant to this subdivision shall be deposited in the Toxic Substances Control Account in the General Fund.
(3)
In imposing an administrative penalty pursuant to this subdivision, the department shall take into consideration the nature, circumstances, extent, and gravity of the violation, the history of previous violations, the violator’s ability to pay the penalty, and the deterrent effect of the penalty.
(4)
Nothing in this section shall be construed to impose
liability for a civil penalty pursuant to paragraph (1) for a violation of this section resulting from another party’s failure to comply with an independent information request issued by the department pursuant to subparagraph (C) of paragraph (2) of subdivision (a).