Today's Law As Amended


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AB-312 Advertising.(2015-2016)



As Amends the Law Today


SECTION 1.
 It is the intent of the Legislature in enacting this measure to clarify existing state law with respect to federal law in order to improve the state’s ability to successfully compete with other states and nations for jobs, investments, and manufacturing.

SEC. 2.

 Section 17533.7 of the Business and Professions Code is amended to read:

17533.7.
 (a) It is unlawful for any person, firm, corporation, or association to sell or offer for sale in this state any merchandise on which merchandise or on its container there appears the words “Made in U.S.A.,” “Made in America,” “U.S.A.,” or similar words if the merchandise or any article, unit, or part thereof, has been entirely or substantially made, manufactured, or produced outside of  unless the merchandise has been all or virtually all made in  the United States.
(b) This section shall not apply to merchandise made, manufactured, or produced in the United States that has one or more articles, units, or parts from outside of the United States, if all of the articles, units, or parts of the merchandise obtained from outside the United States constitute not more than 5 percent of the final wholesale value of the manufactured product.
(c) (b)  (1) For  This section shall not apply to merchandise made, manufactured, or produced   purposes of subdivision (a), merchandise that is “all or virtually all” made  in the United States that has one or more articles, units, or parts from outside of the United States, if both of the following apply: has the same meaning as in the Enforcement Policy Statement on U.S. Origin Claims issued by the Federal Trade Commission (62 Fed. Reg. 63756 (Dec. 2, 1997)). 
(A) The manufacturer of the merchandise shows that it can neither produce the article, unit, or part within the United States nor obtain the article, unit, or part of the merchandise from a domestic source.
(B) All of the articles, units, or parts of the merchandise obtained from outside the United States constitute not more than 10 percent of the final wholesale value of the manufactured product.
(2) The determination that the article, unit, or part of the merchandise cannot be made, manufactured, produced, or obtained within the United States from a domestic source shall not be based on the cost of the article, unit, or part.
(d) This section shall not apply to merchandise sold for resale to consumers outside of California.
(e) For purposes of this section, merchandise sold or offered for sale outside of California shall not be deemed mislabeled if the label conforms to the law of the forum state or country within which they are sold or offered for sale.