Code Section

48706.  

(a) Within 24 months of the effective date of the regulations adopted pursuant to Section 48701.1, the department shall post on its internet website a list of manufacturers that are compliant with this chapter and that have a stewardship plan approved by the department pursuant to Section 48703. The department shall list, as appropriate, the reported brands of paint products for each manufacturer. The department shall update this list no less than once every six months.

(b) (1) A manufacturer or retailer shall not sell or offer for sale in this state a paint product to any person in this state unless the manufacturer of the paint product is in compliance with this chapter.

(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (a) is posted on the department’s internet website, shall apply to any manufacturer that is not listed on the department’s internet website, and shall remain in effect until the manufacturer is listed on the department’s internet website or can demonstrate compliance as described in paragraph (3).

(3) A manufacturer that is not listed on the department’s internet website pursuant to this section but demonstrates to the satisfaction of the department that it is in compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating that the manufacturer is in compliance. A manufacturer who receives that letter is in compliance with this chapter.

(4) If the department determines a manufacturer is not in compliance with this chapter, the department shall remove the manufacturer from the list of compliant manufacturers posted on the department’s internet website pursuant to subdivision (a).

(c) Notwithstanding paragraph (1) of subdivision (b), a manufacturer may, for any inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.

(d) A distributor or a retailer shall monitor the department’s internet website to determine if the sale of a manufacturer’s paint product is in compliance with this chapter.