Section 25214.3.2 Of Article 10.1.1. Metal-containing Jewelry From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 10.1.1.
25214.3.2
. (a) Except as provided in subdivision (b), a person who
sells jewelry at retail or offers jewelry for retail sale shall not
be subject to an administrative or civil penalty for a violation of
this article if the person proves, by a preponderance of evidence,
all of the following:
(1) The person received a certificate of compliance for the
jewelry from the manufacturer or supplier.
(2) The certificate of compliance received pursuant to paragraph
(1) stated that the jewelry is in compliance with the requirements of
this article.
(3) The person relied on the certificate of compliance and did not
know, and had no reason to know, that the jewelry was in violation
of this article.
(4) Upon receiving a notice of violation from the department, the
person took corrective action by immediately removing the jewelry
from commerce.
(b) The affirmative defense specified in subdivision (a) does not
apply to, and may not be raised by, a person who has been found in
violation of this article on at least two prior occasions in the
preceding three years from the filing date of the current action.