California Public Resources Code 49653 – (a) A person who violates Section 49651 may be enjoined in any …
(a) A person who violates Section 49651 may be enjoined in any court of competent jurisdiction.
(b) (1) A covered entity who violates Section 49651 may be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. For purposes of this section, offering for sale or selling in California one or more units of the same covered product labeled in violation of Section 49651 shall constitute a single violation for each day the noncompliant units are offered for sale or sold.
Terms Used In California Public Resources Code 49653
- County: includes "city and county. See California Public Resources Code 14
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) In assessing the amount of a civil penalty for a violation of Section 49651, the court shall consider all of the following:
(A) The nature, circumstances, extent, and gravity of the violation.
(B) The violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment.
(C) The violator’s ability to pay the proposed penalty.
(D) The effect that the proposed penalty would have on the violator and the community as a whole.
(E) Whether the violator took good faith measures to comply with this part and when these measures were taken.
(F) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(G) Any other factor that justice may require.
(c) Actions may be brought pursuant to this section by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, by a county counsel, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) (1) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, county counsel, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
(2) Moneys collected by the Attorney General pursuant to this subdivision shall be deposited into the Unfair Competition Law Fund established pursuant to § 17206 of the Business and Professions Code.
(Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)