(a)The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650.
(b)The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with laboratory inspections and development and approval of regulations and standards pursuant to Section 23650.
(c)The certified laboratory shall,
at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the department, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the device. The department shall retain this prototype for at lea
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(a)
The Department of Justice shall certify laboratories to verify compliance with standards for firearm safety devices set forth in Section 23650.
(b)
The department may charge any laboratory that is seeking certification to test devices a fee not exceeding the costs of certification, including costs associated with laboratory inspections and development and approval of regulations and standards pursuant to Section 23650.
(c)
The certified laboratory shall,
at the manufacturer’s or dealer’s expense, test a device and submit a copy of the final test report directly to the department, regardless of whether the device has passed or failed to meet standards, along with, for those devices that have passed, one prototype of the device. The department shall retain this prototype for at least as long as the device remains listed on the roster to ensure that the manufacturer complies with Section 23658 and to assist the department with any determinations made pursuant to Section 23680.
The department shall notify the manufacturer or dealer of its receipt of the final test report and the department’s determination as to whether the device tested may be sold in this state.
(d)
(1)
The department shall compile, publish, and maintain a roster listing all of the devices that have been tested by a certified testing laboratory, have been determined to meet the department’s standards for devices, and may be sold in this state.
(2)
A device shall not be added to the roster after January 1, 2025, unless the entity seeking the listing has complied with all applicable provisions of Sections 2105, 15909.02, 16959, and 17708.02 of the Corporations Code.
(3)
Commencing on January
1, 2026, the department may, for each device on the roster for which a prototype has been submitted to the department, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an annual fee not to exceed the reasonable costs of storage of prototype devices,
as required by subdivision (c) and by subdivision (d) of Section 23658.
(4)
The fee described in paragraph (3) shall be paid no later than on the first business day of each calendar year.
(5)
The department may remove from the roster any device for which the fee described in paragraph (3) has not been paid.
(6)
The department may remove from the roster any device that the department determines is being sold or otherwise provided to the public in a form that has been modified from the form that was tested and approved.
(e)
The department may, for each device listed on the roster after January
1, 2026, charge the entity that manufactures, causes to be manufactured, or imports the device into the state for sale, an initial roster listing fee not to exceed the reasonable costs of reviewing the final test report described in subdivision (c) and determining whether the device meets the department’s standards for devices approved to be sold in this state and reasonable costs associated with the storage and transportation of the submitted prototypes.
(f)
(1)
The roster shall list, for each device, the manufacturer, model number, and model name.
(2)
A device shall not be added to the roster after January 1, 2026, unless the name of the manufacturer, the model number, and the model name, as they appear on the roster, are engraved or otherwise permanently affixed to the device.
(g)
(1)
The department may randomly retest samples obtained
from sources other than directly from the manufacturer of the device listed on the roster to ensure compliance with the requirements of this division.
(2)
Devices used for random sample testing and obtained from sources other than the manufacturer shall be in new, unused condition, and still in the manufacturer’s original and unopened package.
(3)
The department may remove from the roster any device it determines does not meet established standards based upon
further testing.