Cal. Code Regs. tit. 17 § 95368

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 95368 - Enforcement
(a) Penalties. Penalties may be assessed for any violation of this subarticle pursuant to Health and Safety Code section 38580. Each day during any portion of which a violation occurs is a separate offense.
(b) Injunctions. Any violation of this subarticle may be enjoined pursuant to Health and Safety Code section 41513.
(c) Revocation. The Executive Officer may revoke any Executive Order issued pursuant to this subarticle for a violation of this subarticle.
(d) Testing to determine that small containers of automotive refrigerant are in compliance with the leakage rate requirement specified in "Certification Procedures for Small Containers of Automotive Refrigerant" adopted on July 20, 2009, and last amended on October 26, 2023, which is incorporated by reference herein, shall be performed using Test Procedure (TP-503), Test Procedure for Leaks from Small Containers of Automotive Refrigerant, adopted July 20, 2009, and last amended on January 5, 2010, which is incorporated herein by reference.
(e) Before seeking remedial action against any manufacturer, distributor, or retailer, the Executive Officer will consider any information provided by the manufacturer, distributor, or retailer.

Cal. Code Regs. Tit. 17, § 95368

Note: Authority cited: Sections 38501, 38505, 38510, 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2, 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.

Note: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39500, 39600 and 39601, Health and Safety Code.

1. New section filed 9-1-2009; operative 10-1-2009 (Register 2009, No. 36).
2. Amendment of subsection (d) filed 2-8-2010; operative 3-10-2010 (Register 2010, No. 7).
3. Amendment of subsection (d) and NOTE filed 5-17-2024; operative 7/1/2024 (Register 2024, No. 20).