Business and Professions Code

Part 19 of 52 · provisions 3,601–3,800

This section says the act is called the Business and Professions Code.

Jurisdiction: United States — California
Instrument: Code
Citation: BPC
Version: Undated source snapshot
Language: en
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This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

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22587.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.5. Early Learning Personal Information Protection Act [22586 - 22587] ( Chapter 22.2.5 added by Stats. 2016, Ch. 620, Sec. 1. )
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This chapter becomes operative on July 1, 2017.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.5. Early Learning Personal Information Protection Act [22586 - 22587] ( Chapter 22.2.5 added by Stats. 2016, Ch. 620, Sec. 1. ) ## 22587. This chapter shall become operative on July 1, 2017. (Added by Stats. 2016, Ch. 620, Sec. 1. (AB 2799) Effective January 1, 2017. Note: This section prescribed a delayed operative date for Ch. 22.2.5, commencing with Section 22586.)
22588.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.7. Student Test Taker Privacy Protection Act [22588- 22588.] ( Chapter 22.2.7 added by Stats. 2022, Ch. 720, Sec. 1. )
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A business providing proctoring services in an educational setting may handle personal information only as strictly necessary to provide those services, with listed exceptions for legal and emergency situations.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.7. Student Test Taker Privacy Protection Act [22588- 22588.] ( Chapter 22.2.7 added by Stats. 2022, Ch. 720, Sec. 1. ) ## 22588. (a) Notwithstanding Section 22584 of the Business and Professions Code, a business providing proctoring services in an educational setting shall collect, use, retain, and disclose only the personal information strictly necessary to provide those services. (b) This section shall not prohibit a business from collecting, using, retaining, or disclosing personal information if doing so is necessary for any of the following: (1) To comply with federal, state, or local law. (2) To comply with a court order or subpoena. (3) To comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by a federal, state, or local agency authorized by law to conduct that inquiry or investigation, or authorized to serve a subpoena or summons, as applicable. (A) A law enforcement agency may direct a business, pursuant to a law enforcement agency-approved investigation with an active case number, not to delete a consumer’s personal information, and, upon receipt of that direction, a business shall not delete the personal information for 90 days, in order to allow the law enforcement agency to obtain a court order or subpoena to obtain the consumer’s personal information. (B) A business that has received direction from a law enforcement agency not to delete a consumer’s personal information that otherwise would not be permissible to retain or disclose pursuant to this section shall not use or disclose the consumer’s personal information for any purpose except in response to a court order or subpoena. (4) To cooperate with a law enforcement agency concerning conduct or activity that the business reasonably and in good faith believes to violate federal, state, or local law. (5) To cooperate with a government agency request for emergency access to a consumer’s personal information if a natural person is at imminent risk of death or serious physical injury, provided that all of the following are met: (A) The request is approved by a high-ranking agency officer for emergency access to a consumer’s personal information. (B) The request is based on the agency’s good faith determination that it has a lawful basis to access the information on a nonemergency basis. (C) The agency agrees to petition a court for an appropriate order within three days and to destroy the information if that order is not granted. (6) To exercise or defend a legal claim. (c) For purposes of this section, “personal information” has the same meaning as in Section 1798.140 of the Civil Code. (d) For purposes of this section, “proctoring services” includes, but is not limited to, services offered by a business to observe, monitor, or administer an exam. (Added by Stats. 2022, Ch. 720, Sec. 1. (SB 1172) Effective January 1, 2023.)
22588.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. )
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This section defines key terms used in the Youth Social Media Protection Act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. ) ## 22588.2. For purposes of this chapter: (a) (1) “Content” means statements or comments made by users and media, including audio, pictures, video, and text, that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration. (b) “Cyberbullying” means any severe or pervasive conduct made by an electronic act or acts, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code and Section 22589, committed by a person directed toward another person that has or can be reasonably predicted to have the effect of one or more of the following: (1) Placing a reasonable person in fear of bodily harm or harm to that person’s property. (2) Causing a reasonable person to experience a substantially detrimental effect on the person’s physical or mental health. (3) Causing a reasonable person to experience substantial interference with the person’s academic performance. (4) Causing a reasonable person to experience substantial interference with the person’s ability to participate in or benefit from the services, activities, or privileges provided by a school. (c) (1) “Large social media platform” means a social media platform that meets all of the following criteria: (A) The social media platform’s terms of service do not prohibit the use of the social media platform by a child. (B) The social media platform includes features that enable a child to share images, text, or video through the internet with other users of the social media platform whom the child has met, identified, or become aware of solely through the use of the social media platform. (C) The social media platform has more than 100,000,000 monthly global active users or generates more than one billion dollars ($1,000,000,000) in gross revenue per year, adjusted yearly for inflation. (2) “Large social media platform” does not include any of the following: (A) A service that primarily serves to facilitate the sale or provision of professional services or the sale of commercial products. (B) A service that primarily provides news or information and does not offer the ability for content to be sent by a user directly to a child. (C) A service that has features that enable a user who communicates directly with a child through a message, including a text, audio, or video message, not otherwise available to other users of the service, to add other users to that message that the child may not have otherwise met, identified, or become aware of solely through the use of the service and does not have any features described in subparagraph (B) of paragraph (1). (d) “Public or semipublic internet-based service or application” does not include a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, if access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application. (e) “Risk” means a social media-related threat that more likely than not will cause harm to a child. (f) “Severe risk” means a social media-related threat that more likely than not will cause serious bodily or mental harm to a child. (g) “Social media platform” has the same meaning as defined in Section 22675. (h) “Social media-related threat” means content that promotes, incites, facilitates, or perpetrates any of the following: (1) Suicide. (2) Disordered eating. (3) Drug trafficking. (4) Substance abuse. (5) Fraud. (6) Human trafficking punishable pursuant to Section 236.1 of the Penal Code. (7) Sexual abuse. (8) Cyberbullying. (9) Harassment. (10) Distribution of harmful matter, as defined by Section 313 of the Penal Code. (i) “Substantively respond” means to inform a person who makes a report pursuant to Section 22588.3 that the content being reported meets either of the following criteria: (1) The content does not violate the terms of service of the large social media platform. (2) The content violates the terms and conditions of the large social media platform. (j) “Terms of service” means a public-facing policy or set of policies adopted by a social media platform that specifies, at least, the user behavior and activities that are permitted on the social media platform and the user behavior and activities that may result in the social media platform taking action against the user or content. (k) “Verified reporter” means an individual described in, and verified by, the process required by subdivision (b) of Section 22588.3. (Added by Stats. 2024, Ch. 832, Sec. 1. (AB 2481) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 22588.4.)
22588.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. )
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Social media platforms must publish threat-reporting procedures in their terms of service, and large platforms must verify certain reporters, provide reporting tools, respond quickly, report annually, and limit reverification frequency.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. ) ## 22588.3. (a) A social media platform shall disclose all social media-related threat reporting procedures for verified reporters described in subdivision (b) in the social media platform’s terms of service. (b) A large social media platform shall create a process to verify both of the following individuals as verified reporters: (1) A principal, or a position of similar responsibility, of any school lawfully operating any programs from kindergarten and grades 1 to 12, inclusive, in the state. (2) A mental health professional licensed pursuant to California law who provides mental health services to minors in the state. (c) In addition to any other reporting mechanism required by state law, a large social media platform shall create a process by which a verified reporter can make a report of a social media-related threat or a violation of the large social media platform’s terms of service that in the verified reporter’s opinion poses a risk or a severe risk to the health and safety of a minor that does all of the following: (1) Enables, but does not require, an individual to upload a screenshot of the content that contains a social media-related threat or violates the terms of service. (2) Provides all verified reporters with an electronic point of contact specific to matters involving harms to a minor. (3) Provides confirmation of the receipt of a submitted report and a means to track that report. (d) A large social media platform shall do both of the following: (1) Establish an internal process to receive and substantively respond within 72 hours, or within 24 hours if the report is of a severe risk, to a report by a verified reporter of content the verified reporter deems to be a risk to a minor. (2) Ensure that a report submitted by a verified reporter and deemed by the verified reporter to be of a severe risk receives a review by a natural person. (e) A large social media platform that receives a report from a verified reporter shall, on a publicly accessible internet website, report annually on all of the following: (1) The total number of reports from a verified reporter received for the calendar year. (2) The percentages of each social media-related threat that formed the basis for the total number of reports from verified reporters for the calendar year. (3) The percentage of reports from verified reporters for which the large social media platform took further action. (f) A large social media platform shall not require a verified reporter to reverify the verified reporter’s qualifications pursuant to subdivision (b) more often than once every two years. (Added by Stats. 2024, Ch. 832, Sec. 1. (AB 2481) Effective January 1, 2025. Operative January 1, 2026, pursuant to Section 22588.4.)
22588.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. )
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This chapter becomes operative on January 1, 2026.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.8. Youth Social Media Protection Act [22588.2 - 22588.4] ( Chapter 22.2.8 added by Stats. 2024, Ch. 832, Sec. 1. ) ## 22588.4. This chapter shall become operative on January 1, 2026. (Added by Stats. 2024, Ch. 832, Sec. 1. (AB 2481) Effective January 1, 2025.)
22589.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. )
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This section defines key terms used in the Cyberbullying Protection Act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. ) ## 22589. For purposes of this chapter: (a) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration. (b) “Cyberbullying” means any severe or pervasive conduct made by an electronic act, as defined in paragraph (2) of subdivision (r) of Section 48900 of the Education Code, committed by a person or group of people directed toward one or more minors that has, or can be reasonably predicted to have, the effect of any of the following: (1) Placing a reasonable minor in fear of harm to that minor’s person or property. (2) Causing a reasonable minor to experience a substantially detrimental effect on the minor’s physical or mental health. (3) Causing a reasonable minor to experience substantial interference with the minor’s academic performance. (4) Causing a reasonable minor to experience substantial interference with the minor’s ability to participate in, or benefit from, the services, activities, or privileges provided by a school. (c) (1) “Severe or pervasive conduct” includes only content that has, or can be reasonably predicted to have, the harmful, detrimental, or substantially interfering effects described in paragraphs (1) to (4), inclusive, of subdivision (b). (2) “Severe conduct” includes conduct that has, or can be reasonably predicted to have, the harmful, detrimental, or substantially interfering effects described in paragraphs (1) to (4), inclusive, of subdivision (b). Severe conduct may also include content that does any of the following: (A) Calls for self-injury or suicide of a minor or a specific person or of a group of individuals related to a minor. (B) Attacks a minor based on the minor’s experience of sexual assault, sexual exploitation, sexual harassment, or domestic abuse. (C) Includes statements of intent to engage in a sexual activity or advocating to engage in a sexual activity with a minor. (D) Threatens to release a minor’s telephone number, residential address, images, or email address. (E) Calls for, or statements of intent to engage in, threats of violence, humiliation, or criminal activity against a minor. (F) Degrades, or expresses disgust toward, a minor who is depicted in the process of, or right after, menstruating, urinating, vomiting, or defecating. (G) The identification in this paragraph of particular bases of severe conduct is illustrative rather than restrictive. (d) “Social media platform” has the same meaning as defined in Section 22675. (e) “Public or semipublic internet-based service or application” excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application. (f) “Terms of service” means a public-facing policy or set of policies adopted by a social media platform that specifies, at least, the user behavior and activities that are permitted on the social media platform and the user behavior and activities that may result in the social media platform taking action against the user or content. (Amended by Stats. 2024, Ch. 900, Sec. 1. (SB 1504) Effective January 1, 2025.)
22589.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. )
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Social media platforms must publish cyberbullying reporting procedures and run a reporting system with required contact options, confirmations, updates, and final determinations.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. ) ## 22589.1. (a) A social media platform shall disclose all cyberbullying reporting procedures in the social media platform’s terms of service. (b) (1) A social media platform shall establish a prominent mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service, to report cyberbullying or any content that violates the existing terms of service related to cyberbullying. (2) The mechanism required by this subdivision shall meet all of the following criteria: (A) The mechanism shall allow, but not require, an individual to upload a screenshot of the content that contains cyberbullying or violates the terms of service related to cyberbullying and collect basic identifying information, such as an account identifier, sufficient to permit the social media platform to locate the reported material. (B) The mechanism shall include, but not be limited to, a method of contacting a reporting individual in writing by a method, including a telephone number for purposes of sending text messages, an email address, or other reasonable electronic method of communication. (C) A social media platform may offer any other reasonable electronic method of communication in addition to those described in subparagraph (B). A social media platform shall inform a reporting individual of all options for a platform to contact the reporting individual in writing regarding their report, including, but not limited to, the methods listed in subparagraph (B). The reporting individual shall choose the method of communication. (D) The mechanism provides, within 36 hours of receipt of a report, written confirmation to the reporting individual that the social media platform received that individual’s report. (E) (i) The mechanism provides periodic written updates to the reporting individual as to the status of the social media platform’s handling of the reported material using the reporting individual’s chosen method of communication, pursuant to subparagraph (C). (ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (D) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than every 14 days thereafter, until the final written determination required by subparagraph (F). (F) (i) Except as provided in clause (ii), the mechanism issues a final written determination to the reporting user within 30 days of receiving the report stating one of the following: (I) The reported material has been determined to be cyberbullying that was displayed, stored, or hosted on the social media platform and has been blocked from being viewable on the social media platform because it violates the platform’s existing terms of service related to cyberbullying. (II) The reported material has been determined to be cyberbullying that was displayed, stored, or hosted on the social media platform and has not been, or will not be, blocked on the social media platform because it does not violate the platform’s existing terms of service related to cyberbullying. (III) The reported material has not been determined to be cyberbullying or to violate the platform’s existing terms of service related to cyberbullying and the reported material has not been, or will not be, blocked on the social media platform. (IV) The reported material has not been determined to be cyberbullying or to violate the platform’s existing terms of service related to cyberbullying, but the reported material has been blocked from being viewable on the social media platform for reasons unrelated to the platform’s existing terms of service related to cyberbullying. (V) The reported material has been determined not to be displayed, stored, or hosted on the social media platform. (ii) If the social media platform cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with clause (i) no later than 60 days after the date on which the covered material was first reported. If this subparagraph applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting individual. (Amended by Stats. 2024, Ch. 900, Sec. 2. (SB 1504) Effective January 1, 2025.)
22589.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. )
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Only specified people may bring relief actions under this chapter, and they must do so in a civil action.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. ) ## 22589.2. Notwithstanding that any individual may report cyberbullying, or any content that violates a platform’s existing terms of service related to cyberbullying, as described in paragraph (1) of subdivision (b) of Section 22589.1, actions for relief pursuant to this chapter may be brought only in a civil action by any of the following persons: (a) A parent or legal guardian of a minor, or an administrator in the school that the minor attends, who submits a report of cyberbullying to the social media platform. (b) A city attorney, a district attorney, or a county counsel. (c) The Attorney General, in the name of the people of the State of California. (Amended by Stats. 2024, Ch. 900, Sec. 3. (SB 1504) Effective January 1, 2025.)
22589.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. )
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A social media platform that violates this chapter can face $10,000 per violation, damages, and other civil remedies; a court may also order injunctive relief and award attorney’s fees and costs.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. ) ## 22589.3. (a) (1) Any social media platform that violates a requirement of this chapter shall be liable for ten thousand dollars ($10,000) for each violation and for compensatory damages, punitive damages, and any civil remedies, penalties, or sanctions for harms caused by the social media platform’s failure to comply with this chapter, which damages shall be adjudicated and awarded apart from any harms attributable to the existence of the reported content alone and which shall be assessed and recovered in a civil action brought by any person set forth in Section 22589.2. (2) In a successful action brought to enforce this chapter, the court may order injunctive relief to obtain compliance with this chapter and may award reasonable attorney’s fees and costs to the prevailing plaintiff. (b) For purposes of this section, each day a social media platform is in violation of a requirement of this chapter constitutes a separate violation. (c) (1) The remedies provided by this section are in addition to any other civil, criminal, and administrative remedies, penalties, or sanctions provided by law and do not supplant, but are cumulative to, other remedies, penalties, or sanctions. (2) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law. (3) This section does not impose liability on a social media platform if such liability is prohibited by Section 230 of Title 47 of the United States Code. (Amended by Stats. 2024, Ch. 900, Sec. 4. (SB 1504) Effective January 1, 2025.)
22589.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. )
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This chapter does not apply to certain social media platforms, including those controlled by a business entity with under $100 million in gross revenue in the preceding calendar year and those whose primary function is to let users play video games.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.2.9. Cyberbullying Protection Act [22589 - 22589.4] ( Chapter 22.2.9 added by Stats. 2022, Ch. 700, Sec. 1. ) ## 22589.4. This chapter shall not apply to either of the following: (a) A social media platform that is controlled by a business entity that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year. (b) A social media platform whose primary function is to allow users to play video games. (Added by Stats. 2022, Ch. 700, Sec. 1. (AB 2879) Effective January 1, 2023.)
2259.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Physicians and surgeons must give patients a written silicone-implant summary before surgery, note it in the chart, and may use FDA-authorized manufacturer information instead. Health agencies must prepare, update, publish, and distribute the summaries under specified conditions.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2259. (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing silicone implants used in cosmetic, plastic, reconstructive, or similar surgery, before the physician and surgeon performs the surgery. A physician and surgeon may substitute, in place of the standardized written summary for silicone implants, written information authorized for use by the federal Food and Drug Administration prepared by the manufacturer based upon the physician package insert. The furnishing of a copy of the standardized written summary or written information shall constitute compliance with the requirements of this section. (b) Prior to performance of surgery, the physician and surgeon shall note on the patient’s chart that he or she has given the patient the standardized written summary or written information required by this section. (c) The failure of a physician and surgeon to comply with this section constitutes unprofessional conduct. The provision of the standardized written summary or written information shall not alter, diminish, or modify existing duties of physicians and surgeons, including duties relating to informed consent. However, no physician and surgeon shall be liable as a distributor of a standardized written summary or written information alleged to contain erroneous or incomplete information. (d) The facility where the surgery is performed shall not be responsible for enforcement of, or verification of, compliance with the requirements of this section. (e) If the State Department of Health Services determines that the federal Food and Drug Administration has not authorized written information on silicone implants intended for the layperson, the state department shall develop a standardized written summary to inform the patient of the risks and possible side effects of silicone implants as used in cosmetic, plastic, reconstructive, or similar surgery. In developing these summaries, the state department shall do all of the following: (1) Use only language that is simple and readily understood by a layperson. (2) Include a disclaimer that the state in no way endorses any procedures, nor does the state claim to provide an exhaustive analysis of all the potential benefits or risks associated with any procedure. (3) Provide only information approved by the federal Food and Drug Administration. (f) The State Department of Health Services shall update the written summary described in subdivision (e) as determined necessary by the state department to protect the public health and safety. (g) The Medical Board of California shall publish the standardized written summaries prepared pursuant to subdivision (e), and shall distribute copies of the summaries, upon request, to physicians and surgeons. The Medical Board of California shall make the summaries available for a fee not exceeding, in the aggregate, the actual costs to the State Department of Health Services and the Medical Board of California for developing, updating, publishing, and distributing the summaries. Physicians and surgeons performing surgical procedures described in subdivision (a) shall purchase the summaries from the Medical Board of California for distribution to their patients, as required in this section. Any person or entity may purchase the summaries if he, she, or it desires. The Medical Board of California shall fund the State Department of Health Services for the actual cost of developing and updating the summaries incurred by the State Department of Health Services, through an interagency agreement entered into between the Medical Board of California and the State Department of Health Services for that purpose. The Medical Board of California and the State Department of Health Services may distribute the written information described in subdivision (a) if a manufacturer of silicone implants provides the board and state department with a sufficient number of copies of this information, as determined by the state department. (h) Section 2314 shall not apply to this section. (i) For purposes of this section, “silicone implant” means any implant containing silicone, including implants using a silicone gel or silicone shell. This definition includes implants using a saline solution with a silicone shell. (j) A physician and surgeon shall not be responsible for complying with this section until the written summaries are published pursuant to subdivision (g). (Added by Stats. 1992, Ch. 1140, Sec. 1. Effective January 1, 1993.)
2259.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Physicians and surgeons must give patients the required collagen-injection summary (or allowed FDA-written substitute) before surgery and note that in the patient chart.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2259.5. (a) A physician and surgeon shall give each patient a copy of the standardized written summary, as developed pursuant to subdivision (e), describing collagen injections used in cosmetic, plastic, reconstructive, or similar surgery, before the physician and surgeon performs the surgery. A physician and surgeon may substitute, in place of the standardized written summary for collagen injections, written information authorized for use by the federal Food and Drug Administration prepared by the manufacturer based upon the physician package insert. The furnishing of a copy of the standardized written summary or written information shall constitute compliance with the requirements of this section. (b) Prior to the performance of surgery, the physician and surgeon shall note on the patient’s chart that he or she has given the patient the standardized written summary or written information required by this section. (c) The failure of a physician and surgeon to comply with this section constitutes unprofessional conduct. The provision of the standardized written summary or written information shall not alter, diminish, or modify existing duties relating to informed consent. However, no physician and surgeon shall be liable as a distributor of a standardized written summary or written information alleged to contain erroneous or incomplete information. (d) The facility where the surgery is performed shall not be responsible for enforcement of, or verification of, compliance with the requirements of this section. (e) If the State Department of Health Services determines that the federal Food and Drug Administration has not authorized written information intended for the layperson on collagen injections used in cosmetic, plastic, reconstructive, or similar surgery, the state department shall develop a standardized written summary to inform the patient of the risks and possible side effects of collagen injections as used in cosmetic, plastic, reconstructive, or similar surgery. In developing this summary, the state department shall do all of the following: (1) Use only language that is simple and readily understood by a layperson. (2) Include a disclaimer that the state in no way endorses any procedure, nor does the state claim to provide an exhaustive analysis of all the potential benefits or risks associated with any procedure. (3) Identify the type of animal used to produce the collagen and identify the situations where the federal Food and Drug Administration has given its approval for the procedure. (4) Provide only information approved by the federal Food and Drug Administration. (f) The State Department of Health Services shall update the written summary described in subdivision (e) as determined necessary by the state department to protect the public health and safety. (g) The Medical Board of California shall publish the standardized written summary prepared pursuant to subdivision (e) and shall distribute copies of the summary, upon request, to physicians and surgeons. The Medical Board of California shall make the summary available for a fee not exceeding, in the aggregate, the actual costs to the State Department of Health Services and the Medical Board of California for developing, updating, publishing, and distributing the summary. A physician and surgeon performing surgical procedures described in subdivision (a) shall purchase the summary from the Medical Board of California for distribution to his or her patients, as required in this section. Any person or entity may purchase the summary if he, she, or it desires. The Medical Board of California shall fund the State Department of Health Services for the actual cost of developing and updating the summary incurred by the State Department of Health Services, through an interagency agreement entered into between the Medical Board of California and the State Department of Health Services. The Medical Board of California and the State Department of Health Services may distribute the written information described in subdivision (a) if a manufacturer of collagen provides the board and state department with a sufficient number of copies of this information, as determined by the state department. (h) Section 2314 shall not apply to this section. (i) For purposes of this section, “collagen” includes, but is not limited to, any substance derived from animal protein, or combined with animal protein, that is implanted into the body for purposes of cosmetic, plastic, reconstructive, or similar surgery. However, “collagen” does not include absorbable gelatin medical devices intended for application to bleeding surfaces as a hemostatic or any other medical device used for purposes other than beautifying, promoting attractiveness, or altering the appearance of any part of the human body. (j) A physician and surgeon shall not be responsible for complying with this section until the written summary is published pursuant to subdivision (g). (Added by Stats. 1992, Ch. 1140, Sec. 2. Effective January 1, 1993.)
2259.7.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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The Medical Board of California must adopt standards for extraction and postoperative care for certain body liposuction procedures and consider current clinical and scientific information when doing so.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2259.7. The Medical Board of California shall adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and surgeon outside of a general acute care hospital, as defined in Section 1250 of the Health and Safety Code. In adopting those regulations, the Medical Board of California shall take into account the most current clinical and scientific information available. A violation of those extraction and postoperative care standards constitutes unprofessional conduct. (Added by Stats. 1999, Ch. 631, Sec. 4. Effective January 1, 2000.)
2259.8.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Elective cosmetic surgery may not be performed unless the patient has had a recent physical examination and written clearance from one of the listed clinicians, and the exam must include an appropriate medical history.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2259.8. (a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received, within 30 days prior to the elective cosmetic surgery procedure, and confirmed as up-to-date on the day of the procedure, an appropriate physical examination by, and written clearance for the procedure from, any of the following: (1) The physician and surgeon who will be performing the surgery. (2) Another licensed physician and surgeon. (3) A certified nurse practitioner, in accordance with a certified nurse practitioner’s scope of practice, unless limited by protocols or a delegation agreement. (4) A licensed physician assistant, in accordance with a licensed physician assistant’s scope of practice, unless limited by protocols or a delegation agreement. (b) The physical examination described in subdivision (a) shall include the taking of an appropriate medical history. (c) An appropriate medical history and physical examination done on the day of the procedure shall be presumed to be in compliance with subdivisions (a) and (b). (d) “Elective cosmetic surgery” means an elective surgery that is performed to alter or reshape normal structures of the body in order to improve the patient’s appearance, including, but not limited to, liposuction and elective facial cosmetic surgery. (e) Section 2314 shall not apply to this section. (Added by Stats. 2009, Ch. 509, Sec. 3. (AB 1116) Effective January 1, 2010.)
22590.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. )
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This section defines “hosting platform” for this chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. ) ## 22590. As used in this chapter, a “hosting platform” means a marketplace that is created for the primary purpose of facilitating the rental of a residential unit offered for occupancy for tourist or transient use for compensation to the offeror of that unit, and the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining that marketplace. “Facilitating” includes, but is not limited to, the act of allowing the offeror of the residential unit to offer or advertise the residential unit on the Internet Web site provided or maintained by the operator. (Added by Stats. 2015, Ch. 239, Sec. 1. (SB 761) Effective January 1, 2016.)
22592.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. )
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A hosting platform must give a notice to an offeror who is listing a residence for short-term rental.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. ) ## 22592. A hosting platform shall provide the following notice to an offeror listing a residence for short-term rental on the hosting platform: (a) If you are a tenant who is listing a room, home, mobilehome, condominium, or apartment, please refer to your rental contract or lease, or contact your landlord, prior to listing the property to determine whether your lease or contract contains restrictions that would limit your ability to list your room, home, mobilehome, condominium, or apartment. Listing your room, home, mobilehome, condominium, or apartment may be a violation of your lease or contract, and could result in legal action against you by your landlord, including possible eviction. (b) You should review any restrictions on coverage under your homeowners’ or renters’ insurance policy related to short-term rental activities to ensure that there is appropriate insurance coverage in the event that a person sustains an injury or loss for which you are responsible, a person damages or causes loss to your personal or real property, or a claim or lawsuit is made against you or otherwise arises out of activities related to this hosting platform. (Amended by Stats. 2016, Ch. 113, Sec. 1. (SB 1092) Effective January 1, 2017.)
22594.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. )
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The notice must be at least as large as the standard or default font, and the offeror must acknowledge reading it before listing each property.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.3. Internet Private Residence Rental Listings [22590 - 22594] ( Chapter 22.3 added by Stats. 2015, Ch. 239, Sec. 1. ) ## 22594. (a) The notice required by Section 22592 shall be in a font size that is equal to or greater than 100 percent of the standard font size of the other paragraphs on the hosting platform’s Internet Web site or equal to the default font size on the hosting platform’s Internet Web site. (b) The notice shall be provided immediately before the offeror lists each real property on the hosting platform’s Internet Web site, and shall require the offeror to interact with the hosting platform’s Internet Web site to affirmatively acknowledge he or she has read the notice. This affirmative acknowledgment may be accomplished by the inclusion of a statement in the notice described in Section 22592 that the offeror acknowledges reading this notice before proceeding to list a real property with the hosting platform’s Internet Web site. (Amended by Stats. 2016, Ch. 113, Sec. 2. (SB 1092) Effective January 1, 2017.)
22598.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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This section defines terms used in the food delivery platforms chapter, including “food delivery platform,” “online order,” and “purchase price.”

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22598. As used in this chapter: (a) “Clearly and conspicuously” means in a font no smaller than boldface, 14-point type, clearly separate from any other language on the page. For an audio disclosure, “clearly and conspicuously” means in a volume and cadence sufficient to be readily audible and understandable. (b) “Food delivery platform” means an online business that acts as an intermediary between consumers and multiple food facilities to submit food and beverage orders from a consumer to a participating food facility, and to arrange for, or to complete, the delivery of the order from the food facility to the consumer. (c) “Food facility” means a food facility, as defined in Section 113789 of the Health and Safety Code. (d) “Forwarded call” means a communication made by a consumer and intended for a food facility, by telephone call or other means of communication, that has been routed by a food delivery platform, or a routing service under the direction of the food delivery platform, to the intended food facility. (e) “Listing website” means an internet website or application that lists, or produces through search results, telephone numbers associated with food facilities, and that has 100,000,000 or more unique monthly visitors. (f) “Online order” means an order for food or beverage placed by a customer through or with the assistance of a food delivery platform, including, but not limited to, a telephone order, for delivery. (g) (1) “Purchase price” means the price, as listed on the menu, for the items contained in an online order. (2) “Purchase price” does not include taxes, fees, commissions, or gratuities that may make up the total amount charged to the customer of an online order. (Amended by Stats. 2024, Ch. 898, Sec. 1. (SB 1490) Effective January 1, 2025.)
22599.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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Food delivery platforms must get authorization before taking orders or delivering meals for a food facility, and must provide disclosure and removal mechanisms plus fee and error-charge information to the facility.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22599. (a) A food delivery platform shall not arrange for the delivery of an order from a food facility without first obtaining an agreement with the food facility expressly authorizing the food delivery platform to take orders and deliver meals prepared by the food facility. (b) (1) Subject to paragraph (2), a food delivery platform shall provide to a food facility a mechanism to do both of the following: (A) Remove the food facility, including its name, address, logo, or menu listing, from the platform within three business days of receiving a request to be removed from the platform. (B) Direct the food delivery platform to disclose to customers the delivery fee charged to the food facility and each fee, commission, or cost charged to the food facility, as provided in paragraph (2) of subdivision (b) of Section 22599.1. (2) Nothing in this subdivision shall interfere with preexisting contractual obligations between a food delivery platform and a food facility. (c) (1) A food delivery platform shall inform a food facility of both of the following prior to signing an agreement: (A) The fees charged by the food delivery platform for each service plan offered. (B) The features included in each service plan, as applicable. (2) A food delivery platform shall also inform a food facility of any change to the agreement referenced in this subdivision that is deemed material and applicable to the food facility. (d) A food delivery platform shall inform a food facility of all of the following: (1) How charges for customer order and delivery errors are calculated. (2) How charges related to errors are allocated between the food delivery platform and the food facility. (3) The process for food facilities to dispute charges related to errors, including whether disputes may be subject to automatic resolution. (e) This section shall not require a food delivery platform to reveal information that is confidential, proprietary, or a trade secret. (f) This section shall not prohibit offering bundled services at a single price. (Amended by Stats. 2024, Ch. 898, Sec. 2. (SB 1490) Effective January 1, 2025.)
22599.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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Food delivery platforms must not overcharge customers or keep tips, and they must provide itemized disclosures and customer service access; listing websites have extra disclosure and communication restrictions.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22599.1. (a) It is unlawful for a food delivery platform to do any of the following: (1) Charge a customer any purchase price for food or beverage that is higher than the price posted on the food delivery platform’s internet website by the food facility at the time of the order. (2) Retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity for a delivery order shall be paid by a food delivery platform, in its entirety, to the person delivering the food or beverage. Any tip or gratuity for a pickup order shall be paid by a food delivery platform, in its entirety, to the food facility. (3) Maintain a payment model that uses any amount designated as tips or gratuity to offset the base pay to the person delivering the food or beverage. (b) A food delivery platform shall prominently disclose to the customer and to the food facility an accurate, clearly identified, and itemized cost breakdown of each transaction, including, but not limited to, all of the following information: (1) The purchase price of the food and beverage. (2) A notice, if applicable, that the food delivery platform charges a fee, commission, or cost to the food facility, unless the food facility directs that the food delivery platform disclose to customers the delivery fee charged to the food facility and each fee, commission, or cost charged to the food facility. (3) Each fee, commission, and any other cost charged to the customer by the food delivery platform. (4) Any tip or gratuity payable to the delivery driver or food facility. (c) A food delivery platform shall prominently disclose to the person delivering the food or beverage an accurate, clearly identified, and itemized breakdown of the pay received for a delivery, including, but not limited to, the base pay, gratuity or tips, and any promotional bonuses. (d) (1) A listing website shall not associate a telephone number or other method of direct communication with a food facility on the listing website’s internet website or application if the listing website knows the use of that telephone number or other method of direct communication will result in a forwarded call. (2) A listing website shall clearly and conspicuously disclose if an order placed through a telephone number or other interface on the listing website’s internet website or application may result in a fee, commission, or cost paid to a party other than the food facility and shall identify that other party. (e) A food delivery platform shall clearly and regularly disclose to the food facility and the customer the status of the order, including all of the following: (1) The method of delivery. (2) The anticipated date and time of the delivery of the order. (3) Confirmation that the order has been successfully delivered or that the delivery cannot be completed. (f) A food delivery platform shall include a clear and conspicuous customer service feature that allows a customer to contact a natural person. The food delivery platform may use an automated system to address customer service concerns. However, if the automated system is unable to address the customer’s concerns, the food delivery platform shall ensure that the customer is able to promptly connect with the natural person in order to address the concern. (Amended by Stats. 2025, Ch. 341, Sec. 1. (AB 578) Effective January 1, 2026.)
22599.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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Food delivery platforms must refund customers for undelivered or wrong orders, and must handle gratuities and partial deliveries in specific ways.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22599.2. (a) A food delivery platform shall provide a full refund, including all taxes, commissions, fees, and gratuities, to the customer if an order is not delivered or the wrong order is delivered, unless the food delivery platform determines that the customer was responsible for the nondelivery or finds evidence indicating the refund request may be fraudulent. (b) The food delivery platform shall refund the amount of the original paid gratuity to the customer but shall not take or deduct the original gratuity amount from the delivery driver. (c) If it is not feasible for the food delivery platform to refund the paid gratuity to the customer in the original method of payment, the food delivery platform shall provide an alternate refund method for the paid gratuity. (d) In the event that a customer receives an order that is only partially fulfilled, the food delivery platform shall do the following: (1) Charge the customer only for the portion of the order the customer received. Any taxes, fees, or gratuities directly associated with the undelivered items shall be adjusted to reflect the reduced order. (2) Provide a mechanism that allows the customer to adjust any gratuity that was included in the order prior to its delivery. (e) Along with any other refund options, the food delivery platform shall provide a mechanism that allows the customer to request that the amount of the refund be returned to the original method of payment. (f) This section does not prohibit a food delivery platform from removing a customer from the platform if the platform has a reasonable suspicion that the customer has committed or is committing fraud. (Added by Stats. 2025, Ch. 341, Sec. 2. (AB 578) Effective January 1, 2026.)
22599.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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A food delivery platform must show the customer the driver’s first name and a picture of the driver when the order is marked out for delivery, unless an exemption applies.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22599.3. (a) Unless exempt pursuant to subdivision (b), a food delivery platform shall provide all of the following information to a customer on its online-enabled application or platform at the time the customer is notified their purchase is out for delivery: (1) The driver’s first name. (2) A picture of the driver. (b) This section shall not apply to an order if either of the following apply: (1) The food facility uses its own delivery driver for delivery of the order. (2) The food facility receives the order through the food facility’s internet website or a third party that is not the food delivery platform. (c) This section shall take effect on March 1, 2025. (Added by Stats. 2024, Ch. 84, Sec. 1. (AB 375) Effective January 1, 2025. Operative March 1, 2025, by its own provisions.)
22599.6.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. )
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This chapter remains in force even if one provision or its application is held invalid.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.4. Food Delivery Platforms [22598 - 22599.6] ( Chapter 22.4 added by Stats. 2020, Ch. 125, Sec. 2. ) ## 22599.6. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 513, Sec. 3. (AB 286) Effective January 1, 2022.)
2260.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A physician and surgeon who removes sperm or ova from a patient must get the patient’s written consent before using it for any purpose other than reimplantation in that patient or implantation in the patient’s spouse.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2260. (a) A physician and surgeon who removes sperm or ova from a patient shall, before the sperm or ova are used for a purpose other than reimplantation in the same patient or implantation in the spouse of the patient, obtain the written consent of the patient as provided in subdivision (b). (b) The consent required by subdivision (a) shall conform to all of the following requirements: (1) The consent shall be in writing and shall contain the following statement: I (name of donor) do hereby donate (type and number, if applicable, of sperm or ova), to (name of clinic or other donee) for (specify purpose). (2) The consent shall contain a statement by the donor that specifies the disposition of any unused donated material. (3) The consent shall be signed by the patient and by the physician and surgeon who removes the sperm or ova. (4) The physician and surgeon shall retain the original consent in the medical record of the patient and give a copy of the consent to the patient. (5) The consent shall contain a notification to the patient that the written consent is an important document that should be retained with other vital records. (6) If the procedure to remove the sperm or ova is performed in a hospital, the physician and surgeon shall provide a copy of the consent to the hospital. (c) Nothing in this section shall affect the obligation of a physician and surgeon under current law to obtain the informed consent of a patient before performing a medical procedure on the patient that may significantly affect the patient’s reproductive health or ability to conceive, or both. (d) A violation of this section constitutes unprofessional conduct. Section 2314 shall not apply to this section. (e) A physician and surgeon who fails, for the second time, to obtain any consent required in subdivision (a) or (b) before transferring sperm or ova from a provider of sperm or ova to a recipient, shall be assessed a civil penalty in an amount not less than one thousand dollars ($1,000) and not more than five thousand dollars ($5,000) plus court costs, as determined by the court, which penalty and costs shall be paid to the individual whose required consent was not obtained. A separate penalty shall be assessed for each individual from whom the consent was not obtained. The penalties in this section shall be available in addition to any other remedies that may be available under other provisions of law. (Amended by Stats. 2004, Ch. 183, Sec. 4. Effective January 1, 2005.)
2260.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Violating Section 24185 of the Health and Safety Code, which relates to human cloning, is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2260.5. A violation of Section 24185 of the Health and Safety Code, relating to human cloning, constitutes unprofessional conduct. (Amended by Stats. 2002, Ch. 821, Sec. 1. Effective January 1, 2003.)
22600.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.5. Commercial Directories [22600- 22600.] ( Chapter 22.5 added by Stats. 1990, Ch. 973, Sec. 1. )
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Publishers must get written consent before listing fax numbers in commercial directories, with limited exception and a $500 fine for violations.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.5. Commercial Directories [22600- 22600.] ( Chapter 22.5 added by Stats. 1990, Ch. 973, Sec. 1. ) ## 22600. (a) Every publisher shall, prior to including a telephone number for a facsimile machine in any commercial directory of telephone numbers, obtain the written consent of the subscriber who has been assigned the number unless the telephone number for the facsimile machine is obtained from a telephone corporation’s alphabetical or classified directory of telephone numbers. (b) As used in this section: (1) “Commercial directory” does not include an alphabetical directory of telephone numbers or a classified directory published by a telephone corporation. (2) “Telephone number for a facsimile machine” means any number designated in a directory as being for a facsimile machine or any number included in a directory represented to be a directory of telephone numbers for facsimile machines. (c) Every publisher shall notify, in writing, all of the subscribers of the facsimile telephone numbers printed in the publisher’s directory of the requirements of this chapter on or before April 1, 1991. Unless the subscriber thereafter notifies the publisher otherwise, telephone numbers for facsimile machines published prior to July 1, 1991, without the written consent of the subscriber, may continue to be published by that publisher. Upon notification by the subscriber that he or she desires to be excluded from the directory, all subsequent volumes of the directory shall exclude the subscriber’s facsimile telephone number. (d) Every violation of subdivision (a) is an infraction punishable by a fine of five hundred dollars ($500). (Added by Stats. 1990, Ch. 973, Sec. 1.)
22601.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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This section defines key terms used in the companion chatbots chapter, including artificial intelligence, companion chatbot, companion chatbot platform, operator, office, sexually explicit conduct, and video game.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22601. As used in this chapter: (a) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) (1) “Companion chatbot” means an artificial intelligence system with a natural language interface that provides adaptive, human-like responses to user inputs and is capable of meeting a user’s social needs, including by exhibiting anthropomorphic features and being able to sustain a relationship across multiple interactions. (2) “Companion chatbot” does not include any of the following: (A) A bot that is used only for customer service, a business’ operational purposes, productivity and analysis related to source information, internal research, or technical assistance. (B) A bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, sexually explicit conduct, or maintain a dialogue on other topics unrelated to the video game. (C) A stand-alone consumer electronic device that functions as a speaker and voice command interface, acts as a voice-activated virtual assistant, and does not sustain a relationship across multiple interactions or generate outputs that are likely to elicit emotional responses in the user. (c) “Companion chatbot platform” means a platform that allows a user to engage with companion chatbots. (d) “Office” means the Office of Suicide Prevention established pursuant to Section 131300 of the Health and Safety Code. (e) “Operator” means a person who makes a companion chatbot platform available to a user in the state. (f) “Sexually explicit conduct” has the meaning defined in Section 2256 of Title 18 of the United States Code. (g) “Video game” means a game played on an electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
22602.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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Operators of companion chatbots must give clear notices in certain cases, disclose AI use to known minors, send break reminders every three hours, and take steps to reduce self-harm and sexually explicit content.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22602. (a) If a reasonable person interacting with a companion chatbot would be misled to believe that the person is interacting with a human, an operator shall issue a clear and conspicuous notification indicating that the companion chatbot is artificially generated and not human. (b) (1) An operator shall prevent a companion chatbot on its companion chatbot platform from engaging with users unless the operator maintains a protocol for preventing the production of suicidal ideation, suicide, or self-harm content to the user, including, but not limited to, by providing a notification to the user that refers the user to crisis service providers, including a suicide hotline or crisis text line, if the user expresses suicidal ideation, suicide, or self-harm. (2) The operator shall publish details on the protocol required by this subdivision on the operator’s internet website. (c) An operator shall, for a user that the operator knows is a minor, do all of the following: (1) Disclose to the user that the user is interacting with artificial intelligence. (2) Provide by default a clear and conspicuous notification to the user at least every three hours for continuing companion chatbot interactions that reminds the user to take a break and that the companion chatbot is artificially generated and not human. (3) Institute reasonable measures to prevent its companion chatbot from producing visual material of sexually explicit conduct or directly stating that the minor should engage in sexually explicit conduct. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
22603.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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An operator must file an annual report with the office starting July 1, 2027, and use evidence-based methods to measure suicidal ideation.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22603. (a) Beginning July 1, 2027, an operator shall annually report to the office all of the following: (1) The number of times the operator has issued a crisis service provider referral notification pursuant to Section 22602 in the preceding calendar year. (2) Protocols put in place to detect, remove, and respond to instances of suicidal ideation by users. (3) Protocols put in place to prohibit a companion chatbot response about suicidal ideation or actions with the user. (b) The report required by this section shall include only the information listed in subdivision (a) and shall not include any identifiers or personal information about users. (c) The office shall post data from a report required by this section on its internet website. (d) An operator shall use evidence-based methods for measuring suicidal ideation. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
22604.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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An operator must disclose to users that companion chatbots may not be suitable for some minors.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22604. An operator shall disclose to a user of its companion chatbot platform, on the application, the browser, or any other format that a user can use to access the companion chatbot platform, that companion chatbots may not be suitable for some minors. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
22605.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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A person injured in fact by a violation of this chapter may sue to recover injunctions, damages, attorney’s fees, and costs.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22605. A person who suffers injury in fact as a result of a violation of this chapter may bring a civil action to recover all of the following relief: (a) Injunctive relief. (b) Damages in an amount equal to the greater of actual damages or one thousand dollars ($1,000) per violation. (c) Reasonable attorney’s fees and costs. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
22606.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. )
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This section says the chapter’s duties, remedies, and obligations add to other legal requirements and do not replace them.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.6. Companion Chatbots [22601 - 22606] ( Chapter 22.6 added by Stats. 2025, Ch. 677, Sec. 1. ) ## 22606. The duties, remedies, and obligations imposed by this chapter are cumulative to the duties, remedies, or obligations imposed under other law and shall not be construed to relieve an operator from any duties, remedies, or obligations imposed under any other law. (Added by Stats. 2025, Ch. 677, Sec. 1. (SB 243) Effective January 1, 2026.)
2261.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Knowingly making or signing a false certificate or related document about medicine or podiatry is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2261. Knowingly making or signing any certificate or other document directly or indirectly related to the practice of medicine or podiatry which falsely represents the existence or nonexistence of a state of facts, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2262.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Falsifying or altering a person’s medical record with fraudulent intent is unprofessional conduct, and the Division of Medical Quality or the California Board of Podiatric Medicine may impose a $500 civil penalty for a violation.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2262. Altering or modifying the medical record of any person, with fraudulent intent, or creating any false medical record, with fraudulent intent, constitutes unprofessional conduct. In addition to any other disciplinary action, the Division of Medical Quality or the California Board of Podiatric Medicine may impose a civil penalty of five hundred dollars ($500) for a violation of this section. (Amended by Stats. 1986, Ch. 655, Sec. 4.)
2263.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Willful, unauthorized violation of professional confidence is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2263. The willful, unauthorized violation of professional confidence constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2264.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A person must not employ, aid, or abet an unlicensed, suspended, or revoked practitioner to practice medicine or another licensed form of treatment.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2264. The employing, directly or indirectly, the aiding, or the abetting of any unlicensed person or any suspended, revoked, or unlicensed practitioner to engage in the practice of medicine or any other mode of treating the sick or afflicted which requires a license to practice constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2266.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A physician and surgeon must keep adequate and accurate patient-service records for at least seven years after the patient’s last date of service.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2266. The failure of a physician and surgeon to maintain adequate and accurate records relating to the provision of services to their patients for at least seven years after the last date of service to a patient constitutes unprofessional conduct. (Amended by Stats. 2023, Ch. 294, Sec. 18. (SB 815) Effective January 1, 2024.)
22670.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.7. Digital Identity Theft [22670 - 22671] ( Chapter 22.7 added by Stats. 2024, Ch. 292, Sec. 1. )
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This section defines key terms for the digital identity theft chapter, including “covered material,” “reporting user,” “sexually explicit digital identity theft,” and “social media platform.”

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.7. Digital Identity Theft [22670 - 22671] ( Chapter 22.7 added by Stats. 2024, Ch. 292, Sec. 1. ) ## 22670. (a) (1) “Covered material” means material that meets all of the following criteria: (A) The material is an image or video created or altered through digitization that would appear to a reasonable person to be an image or video of any of the following: (i) An intimate body part of an identifiable person. (ii) An identifiable person engaged in an act of sexual intercourse, sodomy, oral copulation, or sexual penetration. (iii) An identifiable person engaged in masturbation. (B) The reporting person is the person depicted in the material, and the reporting person did not consent to the use of the reporting person’s likeness in the material. (C) The material is displayed, stored, or hosted on the social media platform. (2) “Covered material” does not include an image or video that contains only minor alterations that do not lead to significant changes to the perceived content or meaning of the content, including changes to brightness or contrast of images and other minor changes that do not impact the content of the image or video. (b) “Reporting user” means a natural person who reports material to a social media platform using the mechanism provided by the social media platform pursuant to Section 22671. (c) “Sexually explicit digital identity theft” means the posting of covered material on a social media platform. (d) (1) “Social media platform” has, except as provided in paragraph (2), the same meaning as defined in Section 22675. (2) “Social media platform” does not include either of the following: (A) A stand-alone direct messaging service that provides end-to-end encrypted communication or the portion of a multiservice platform that uses end-to-end encrypted communication. (B) An internet-based service or application owned or operated by a nonprofit organization exempt from federal income tax pursuant to Section 501(c)(3) of the Internal Revenue Code. (Added by Stats. 2024, Ch. 292, Sec. 1. (SB 981) Effective January 1, 2025.)
22671.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.7. Digital Identity Theft [22670 - 22671] ( Chapter 22.7 added by Stats. 2024, Ch. 292, Sec. 1. )
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A social media platform must provide a reporting mechanism for California resident account holders and follow set timelines for confirmation, updates, review, and content blocking/removal for reported sexually explicit digital identity theft.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.7. Digital Identity Theft [22670 - 22671] ( Chapter 22.7 added by Stats. 2024, Ch. 292, Sec. 1. ) ## 22671. A social media platform shall do all of the following: (a) Provide a mechanism that is reasonably accessible to a reporting user who is a California resident who has an account with the social media platform to report sexually explicit digital identity theft to the social media platform. (b) Collect information reasonably sufficient to enable the social media platform to locate the instance of sexually explicit digital identity theft and to contact a reporting user with both of the following: (1) Confirmation that the social media platform received the reporting user’s report within 48 hours of receipt of the report. (2) Within seven days of the date on which the confirmation required by paragraph (1) is issued, a written update to the reporting user as to the status of the social media platform’s handling of the reported sexually explicit digital identity theft. (c) (1) Except as provided in paragraph (2), determine within 30 days of the date on which the confirmation required by paragraph (1) of subdivision (b) is issued whether there is a reasonable basis to believe that the reported sexually explicit digital identity theft is sexually explicit digital identity theft. (2) (A) If the social media platform cannot comply with paragraph (1) within 30 days due to circumstances beyond the reasonable control of the social media platform, the social media platform shall comply with paragraph (1) no later than 60 days after the date on which the covered material was first reported. (B) If subparagraph (A) applies, the social media platform shall promptly provide written notice of the delay, no later than 48 hours from the time the social media platform knew the delay was likely to occur, to the reporting user using the information collected from the reporting user under subdivision (b). (d) (1) Temporarily block a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform pending a determination pursuant to subdivision (c). (2) Immediately remove a reported instance of sexually explicit digital identity theft from being publicly viewable on the social media platform if the social media platform determines there is a reasonable basis to believe the reported sexually explicit digital identity theft is sexually explicit digital identity theft. (Added by Stats. 2024, Ch. 292, Sec. 1. (SB 981) Effective January 1, 2025.)
22675.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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This section defines key terms used in the chapter on content moderation and internet terms of service.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22675. For purposes of this chapter, the following definitions apply: (a) “Actioned” means a social media company, due to a suspected or confirmed violation of the terms of service, has taken some form of action, including, but not limited to, removal, demonetization, deprioritization, or banning, against the relevant user or relevant item of content. (b) “Artificial intelligence” has the same definition as in Section 11546.45.5 of the Government Code. (c) (1) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (2) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration. (d) “Public or semipublic internet-based service or application” excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application. (e) “Social media company” means a person or entity that owns or operates one or more social media platforms. (f) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria: (1) (A) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (B) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone. (2) The service or application allows users to do all of the following: (A) Construct a public or semipublic profile for purposes of signing into and using the service or application. (B) Populate a list of other users with whom an individual shares a social connection within the system. (C) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. (g) “Terms of service” means a policy or set of policies adopted by a social media company that specifies, at least, the user behavior and activities that are permitted on the internet-based service owned or operated by the social media company, and the user behavior and activities that may subject the user or an item of content to being actioned. (Amended by Stats. 2024, Ch. 843, Sec. 1. (AB 2885) Effective January 1, 2025.)
22676.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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Social media companies must post and maintain terms of service for each platform, include specific user-facing information, and provide the terms in all Medi-Cal threshold languages where the platform offers features.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22676. (a) A social media company shall post terms of service for each social media platform owned or operated by the company in a manner reasonably designed to inform all users of the social media platform of the existence and contents of the terms of service. (b) The terms of service posted pursuant to subdivision (a) shall include all of the following: (1) Contact information for the purpose of allowing users to ask the social media company questions about the terms of service. (2) A description of the process that users must follow to flag content, groups, or other users that they believe violate the terms of service, and the social media company’s commitments on response and resolution time. (3) A list of potential actions the social media company may take against an item of content or a user, including, but not limited to, removal, demonetization, deprioritization, or banning. (c) The terms of service posted pursuant to subdivision (a) shall be available in all Medi-Cal threshold languages, as defined in subdivision (c) of Section 128552 of the Health and Safety Code, in which the social media platform offers product features, including, but not limited to, menus and prompts. (Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
22677.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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Social media companies must file semiannual terms of service reports with the Attorney General, and the Attorney General must publish those reports in a searchable public repository.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22677. (a) On a semiannual basis in accordance with subdivision (b), a social media company shall submit to the Attorney General a terms of service report. The terms of service report shall include, for each social media platform owned or operated by the company, all of the following: (1) The current version of the terms of service of the social media platform. (2) If a social media company has filed its first report, a complete and detailed description of any changes to the terms of service since the previous report. (3) A statement of whether the current version of the terms of service defines each of the following categories of content, and, if so, the definitions of those categories, including any subcategories: (A) Hate speech or racism. (B) Extremism or radicalization. (C) Disinformation or misinformation. (D) Harassment. (E) Foreign political interference. (F) Controlled substance distribution. (4) A detailed description of content moderation practices used by the social media company for that platform, including, but not limited to, all of the following: (A) Any existing policies intended to address the categories of content described in paragraph (3). (B) How automated content moderation systems enforce terms of service of the social media platform and when these systems involve human review. (C) How the social media company responds to user reports of violations of the terms of service. (D) How the social media company would remove individual pieces of content, users, or groups that violate the terms of service, or take broader action against individual users or against groups of users that violate the terms of service. (E) The languages in which the social media platform does not make terms of service available, but does offer product features, including, but not limited to, menus and prompts. (5) (A) Information on content that was flagged by the social media company as content belonging to any of the categories described in paragraph (3), including all of the following: (i) The total number of flagged items of content. (ii) The total number of actioned items of content. (iii) The total number of actioned items of content that resulted in action taken by the social media company against the user or group of users responsible for the content. (iv) The total number of actioned items of content that were removed, demonetized, or deprioritized by the social media company. (v) The number of times actioned items of content were viewed by users. (vi) The number of times actioned items of content were shared, and the number of users that viewed the content before it was actioned. (vii) The number of times users appealed social media company actions taken on that platform and the number of reversals of social media company actions on appeal disaggregated by each type of action. (B) All information required by subparagraph (A) shall be disaggregated into the following categories: (i) The category of content, including any relevant categories described in paragraph (3). (ii) The type of content, including, but not limited to, posts, comments, messages, profiles of users, or groups of users. (iii) The type of media of the content, including, but not limited to, text, images, and videos. (iv) How the content was flagged, including, but not limited to, flagged by company employees or contractors, flagged by artificial intelligence software, flagged by community moderators, flagged by civil society partners, and flagged by users. (v) How the content was actioned, including, but not limited to, actioned by company employees or contractors, actioned by artificial intelligence software, actioned by community moderators, actioned by civil society partners, and actioned by users. (b) (1) A social media company shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the third and fourth quarters of the preceding calendar year, to the Attorney General no later than April 1 of each year, and shall electronically submit a semiannual terms of service report pursuant to subdivision (a), covering activity within the first and second quarters of the current calendar year, to the Attorney General no later than October 1 of each year. (2) Notwithstanding paragraph (1), a social media company shall electronically submit its first terms of service report pursuant to subdivision (a), covering activity within the third quarter of 2023, to the Attorney General no later than January 1, 2024, and shall electronically submit its second terms of service report pursuant to subdivision (a), covering activity within the fourth quarter of 2023, to the Attorney General no later than April 1, 2024. A social media platform shall submit its third report no later than October 1, 2024, in accordance with paragraph (1). (c) The Attorney General shall make all terms of service reports submitted pursuant to this section available to the public in a searchable repository on its official internet website. (Amended by Stats. 2023, Ch. 824, Sec. 2. (AB 1027) Effective January 1, 2024.)
22678.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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A social media company can be fined up to $15,000 per violation per day for violating this chapter, and may also be enjoined.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22678. (a) (1) A social media company that violates the provisions of this chapter shall be liable for a civil penalty not to exceed fifteen thousand dollars ($15,000) per violation per day, and may be enjoined in any court of competent jurisdiction. (2) A social media company shall be considered in violation of the provisions of this chapter for each day the social media company does any of the following: (A) Fails to post terms of service in accordance with Section 22676. (B) Fails to timely submit to the Attorney General a report required pursuant to Section 22677. (C) Materially omits or misrepresents required information in a report submitted pursuant to Section 22677. (3) In assessing the amount of a civil penalty pursuant to paragraph (1), the court shall consider whether the social media company has made a reasonable, good faith attempt to comply with the provisions of this chapter. (b) Actions for relief pursuant to this chapter shall be prosecuted exclusively in a court of competent jurisdiction by the Attorney General or by a city attorney of a city having a population in excess of 750,000, or by a city attorney in a city and county in the name of the people of the State of California upon their own complaint or upon the complaint of a board, officer, person, corporation, or association. (c) If an action pursuant to this section is brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the General Fund. If the action is brought by a city attorney, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered, and one-half to the treasurer of the county in which the judgment was entered. (Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
22679.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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This section says the chapter’s duties, obligations, remedies, and penalties are cumulative and do not replace other legal duties or remedies.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22679. (a) The duties and obligations imposed by this chapter are cumulative to any other duties or obligations imposed under local, state, or federal law and shall not be construed to relieve any party from any duties or obligations imposed under law. (b) The remedies or penalties provided by this chapter are cumulative to each other and to any other remedies or penalties available under local, state, or federal law. (Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
22680.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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This chapter does not apply to social media companies that made less than $100 million in gross revenue in the preceding calendar year.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22680. This chapter shall not apply to a social media company that generated less than one hundred million dollars ($100,000,000) in gross revenue during the preceding calendar year. (Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
22681.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. )
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This chapter does not apply to internet-based services or applications if user interactions are limited to direct messages, commercial transactions, or consumer reviews of products, sellers, services, events, or places.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 22.8. Content Moderation Requirements for Internet Terms of Service [22675 - 22681] ( Chapter 22.8 added by Stats. 2022, Ch. 269, Sec. 2. ) ## 22681. This chapter shall not be construed to apply to an internet-based service or application for which interactions between users are limited to direct messages, commercial transactions, consumer reviews of products, sellers, services, events, or places, or any combination thereof. (Added by Stats. 2022, Ch. 269, Sec. 2. (AB 587) Effective January 1, 2023.)
22700.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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This chapter may be cited as the Filante Tanning Facility Act of 1988.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22700. This chapter shall be known and may be cited as the Filante Tanning Facility Act of 1988. (Added by Stats. 1988, Ch. 808, Sec. 1.)
22701.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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The Legislature states that tanning with artificial ultraviolet light poses health risks and that state law is needed to protect public health, safety, and welfare.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22701. The Legislature finds and declares: (a) Many physicians and scientists now warn that the risks associated with suntanning are greater when tanning with artificial ultraviolet light. (b) These risks include, but are not limited to, sunburn, premature aging, skin cancer, retinal damage, formation of cataracts, suppression of the immune system, and damage to the vascular system. (c) Certain medications, cosmetics, and foods are “photosensitizing,” which means that in some people they react unfavorably with ultraviolet light to produce skin rashes or burns. (d) Sunlamps and other artificial sources of ultraviolet light are known to intensify these effects. (e) The creation of state law to protect and promote the public health, safety, and welfare is needed concerning tanning with artificial ultraviolet light. (Amended by Stats. 2006, Ch. 538, Sec. 31. Effective January 1, 2007.)
22702.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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This section defines key terms used in the tanning facilities chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22702. As used in this chapter: (a) “Tanning facility” means any location, place, area, structure, or business that provides persons access to any tanning device. (b) “Department” means the Department of Consumer Affairs. (c) “Phototherapy device” means equipment that emits ultraviolet radiation used by a health care professional in the treatment of disease. (d) “Tanning device” means an ultraviolet tanning device and any accompanying equipment, including, but not limited to, protective eyewear, timers, and handrails. (e) “Ultraviolet tanning device” means equipment that emits electromagnetic radiation with wavelengths in the air between 200 and 400 nanometers used for tanning of the skin, including, but not limited to, a sunlamp, tanning booth, or tanning bed. (Amended by Stats. 2007, Ch. 590, Sec. 1. Effective January 1, 2008.)
22703.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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This chapter does not apply to phototherapy devices used by or under the direct supervision of a licensed physician trained in their use.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22703. This chapter does not apply to a phototherapy device used by or under the direct supervision of a licensed physician who is trained in the use of phototherapy devices. (Added by Stats. 1988, Ch. 808, Sec. 1.)
22704.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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Any tanning device used by a tanning facility must comply with applicable federal laws and regulations.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22704. Any tanning device used by a tanning facility shall comply with all applicable federal laws and regulations. (Added by Stats. 1988, Ch. 808, Sec. 1.)
22705.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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Tanning facilities must give customers a written warning before ultraviolet tanning device use, post a visible warning sign, and must not claim UV tanning is safe or beneficial.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22705. (a) A tanning facility shall give each customer, prior to the customer’s use of an ultraviolet tanning device, a written statement warning that: (1) Not wearing the eye protection provided to the customer by the tanning center may cause damage to the eyes. (2) Overexposure causes burns. (3) Repeated exposure may cause premature aging of the skin and skin cancer. (4) Abnormal skin sensitivity or burning may be caused by certain: (A) Foods. (B) Cosmetics. (C) Medications, including, but not limited to, the following: (i) Tranquilizers. (ii) Diuretics. (iii) Antibiotics. (iv) High blood pressure medicines. (v) Birth control pills. (5) Any person taking a prescription or over-the-counter drug should consult a physician before using an ultraviolet tanning device. (6) Any person with skin that burns easily should avoid an ultraviolet tanning device. (7) Any person with a family history or past medical history of skin cancer should avoid an ultraviolet tanning device. (b) A tanning facility shall conspicuously post a warning sign in any area where an ultraviolet tanning device is used that is readily visible to a person using an ultraviolet tanning device. The sign shall read as follows: ## DANGER: ULTRAVIOLET RADIATION 1. Follow instructions. 2. Avoid too frequent or too lengthy exposure. As with natural sunlight, exposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause chronic sun damage characterized by wrinkling, dryness, fragility and bruising of the skin, and skin cancer. 3. Wear protective eyewear. FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES. 4. Ultraviolet radiation from sunlamps will aggravate the effects of the sun. Therefore, do not sunbathe before or after exposure to ultraviolet radiation. 5. Medications or cosmetics may increase your sensitivity to ultraviolet radiation. Consult a physician before using a sunlamp if you are using medications, have a history of skin problems, or believe you are especially sensitive to sunlight. Pregnant women or women on birth control pills who use this product may develop discolored skin. IF YOU DO NOT TAN IN THE SUN YOU WILL NOT TAN FROM USE OF THIS DEVICE. (c) A tanning facility may include in the warning sign described in subdivision (b) the following statement: “Spray on tans and other sunless tanning products are not subject to the same effects as ultraviolet tanning devices.” (d) A tanning facility shall not claim, or distribute promotional materials that claim, that using an ultraviolet tanning device is safe or free from risk or that indoor tanning has any known health benefits. (e) The liability of a tanning facility operator or a manufacturer of an ultraviolet tanning device is not changed by giving the warning under this section. (Amended by Stats. 2007, Ch. 590, Sec. 2. Effective January 1, 2008.)
22706.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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Tanning facilities must meet several safety and operating rules, and people under 18 may not use ultraviolet tanning devices.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22706. (a) A tanning facility shall: (1) Have an operator present during operating hours who is sufficiently knowledgeable in the correct operation of the tanning devices used at the facility so that he or she is able to inform and assist each customer in the proper use of the tanning devices. (2) Before each use of an ultraviolet tanning device, provide each customer with properly sanitized protective eyewear that protects the eye from ultraviolet radiation and allows adequate vision to maintain balance; and not allow a person to use an ultraviolet tanning device if that person does not use the protective eyewear. (3) Show each customer how to use suitable physical aids, such as handrails and markings on the floor, to maintain proper exposure distance as recommended by the manufacturer. (4) Use a timer on an ultraviolet tanning device that has an accuracy of plus or minus 10 percent of any selected timer interval. The timer shall also be remotely located so that customers cannot set their own exposure time. (5) Limit each customer using an ultraviolet tanning device to the maximum exposure time as recommended by the manufacturer. (6) Control the interior temperature of a tanning facility so that it does not exceed 100 degrees Fahrenheit. (b) (1) Every person who uses a tanning facility shall sign a written statement acknowledging that he or she has read and understood the warnings before using the device; and agrees to use the protective eyewear that the tanning facility provides. The statement of acknowledgment shall be retained by the tanning facility until the end of the calendar year at which time each person who is a current customer of the facility shall be required to renew that acknowledgment. (2) Whenever using a tanning device a person shall use the protective eyewear that the tanning facility provides. (3) Persons under 18 years of age are prohibited from using an ultraviolet tanning device. (4) Proof of age shall be satisfied with a driver’s license or other government issued identification containing the date of birth and a photograph of the individual. (Amended by Stats. 2011, Ch. 664, Sec. 2. (SB 746) Effective January 1, 2012.)
22707.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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If a tanning facility has a patron injury that requires medical attention, the facility must report the injury to the department and send copies of the injury report to the injured person and the FDA.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22707. If a patron is injured whereupon he or she must seek medical attention, a tanning facility shall do the following: (a) Report any injury to the department. (b) Send a copy of the injury report to the person who is injured. (c) Send a copy of the injury report to the Federal Food and Drug Administration. (Added by Stats. 1988, Ch. 808, Sec. 1.)
22708.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. )
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A first violation of this chapter is an infraction; later violations are misdemeanors; and a violating tanning facility can also owe a civil penalty of up to $2,500 per day.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 23. Tanning Facilities [22700 - 22708] ( Chapter 23 added by Stats. 1988, Ch. 808, Sec. 1. ) ## 22708. (a) A first violation of this chapter is an infraction. Each day a first violation continues constitutes a separate infraction. (b) Any violation of this chapter subsequent to a first violation is a misdemeanor. Each day a subsequent violation continues constitutes a separate misdemeanor. (c) A tanning facility that has violated this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day in addition to any other penalty established by law. (Amended by Stats. 2004, Ch. 758, Sec. 3. Effective January 1, 2005.)
2271.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Advertising that violates Section 17500 is treated as unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2271. Any advertising in violation of Section 17500, relating to false or misleading advertising, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2272.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A licensee advertising the practice of medicine must use the licensee’s own name or an approved fictitious name; otherwise the conduct is treated as unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2272. Any advertising of the practice of medicine in which the licensee fails to use his or her own name or approved fictitious name constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2273.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Using runners, cappers, steerers, or similar people to get patients is unprofessional conduct, unless another law allows it. A licensee convicted under the listed provisions can have a license revoked or surrendered for 10 years.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2273. (a) Except as otherwise allowed by law, the employment of runners, cappers, steerers, or other persons to procure patients constitutes unprofessional conduct. (b) A licensee shall have the licensee’s license revoked for a period of 10 years, or shall stipulate to surrender of the license for 10 years, upon a second conviction for violating any of the following provisions or upon being convicted of more than one count of violating any of the following provisions in a single case: Section 650 of this code, Section 750 or 1871.4 of the Insurance Code, or Section 549 or 550 of the Penal Code. After the expiration of this 10-year period, an application for license reinstatement may be made pursuant to Section 2307. (Amended by Stats. 2021, Ch. 649, Sec. 20. (SB 806) Effective January 1, 2022.)
2274.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A licensee must not use titles, letters, or similar designations to suggest they are licensed for a medical practice they are not licensed to perform.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2274. (a) The use by any licensee of any certificate, of any letter, letters, word, words, term, or terms either as a prefix, affix, or suffix indicating that he or she is entitled to engage in a medical practice for which he or she is not licensed constitutes unprofessional conduct. (b) Nothing in this section shall be construed to prohibit a physician and surgeon from using the designations specified in this section if he or she has been issued a retired license under Section 2439. (Amended by Stats. 2004, Ch. 695, Sec. 10. Effective January 1, 2005.)
2275.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Certain doctors who meet the listed conditions may use “M.D.”, but if they choose that option and then use “D.O.”, that use is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2275. Any person who held a physician’s and surgeon’s certificate under the jurisdiction of the Osteopathic Medical Board of California and a degree of doctor of medicine issued by a medical school located in the state at any time prior to September 30, 1962, and approved by either the Osteopathic Medical Board of California or the Medical Board of California at the time such degree was issued, who applied in writing to the Medical Board of California for permission to utilize his or her degree of doctor of medicine, shall be authorized to use the term or suffix “M.D.” and the use shall not constitute unprofessional conduct, so long as the person advised both boards, in writing, that he or she has elected to use the term or suffix “M.D.” and further has elected not to use the term or suffix “D.O.” In the event of such election, the use of the term or suffix “D.O.” constitutes unprofessional conduct within the meaning of this chapter. (Amended by Stats. 1991, Ch. 359, Sec. 11.7.)
22750.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. )
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This section defines “bakery tray,” “bakery basket,” and “merchandise pallet” for this chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. ) ## 22750. For purposes of this chapter: (a) “Bakery tray” or “bakery basket” is a plastic or metal container that holds bread or other baked goods and is used by a distributor, retailer, or an agent of the distributor or retailer as a means to transport, store, or carry those products, which has a notice permanently affixed to it that does all of the following: (1) identifies the company name of the owner of the item; (2) notifies the public that the unauthorized possession of the item is a violation of state law; and (3) lists an address or telephone number for returning the item to the owner. (b) “Merchandise pallet” is a wooden or plastic carrier or container, used by a manufacturer or distributor for bulk transport of merchandise to wholesale or retail outlets marked with an indicia of ownership. For purposes of this chapter, “indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the merchandise pallet that reasonably identify the owner. (Amended by Stats. 2012, Ch. 300, Sec. 4. (AB 1583) Effective January 1, 2013.)
22751.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. )
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A person who buys or leases a bakery tray, bakery basket, or merchandise pallet must keep a copy of the bill of sale or other proof of the purchase.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. ) ## 22751. Any person who purchases or leases a bakery tray, bakery basket, or merchandise pallet shall retain a copy of the bill of sale or other evidence that supports the purchase. (Amended by Stats. 1995, Ch. 456, Sec. 4. Effective January 1, 1996.)
22752.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. )
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This section defines “unauthorized person” for bakery trays, bakery baskets, and merchandise pallets, and excludes certain people from that definition.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. ) ## 22752. As used in this chapter, an “unauthorized person” with respect to possession of a bakery tray, bakery basket, or merchandise pallet includes anyone in possession of one or more of these items, except the following: (a) The company owner. (b) A person in lawful possession of the item. (c) A person who, with the consent of the company owner or the company’s agent, has temporary possession of the item as a result of the purchase of the products or merchandise transported using the item. (Amended by Stats. 1995, Ch. 456, Sec. 5. Effective January 1, 1996.)
22753.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. )
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Possessing certain bakery trays, bakery baskets, or merchandise pallets by an unauthorized person, or removing ownership markings from them, is punishable under the Penal Code provisions cited here.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. ) ## 22753. The following acts are punishable as provided in subdivision (b) of Section 489 or in Section 490 of the Penal Code as to any bakery tray, bakery basket, or merchandise pallet described in Section 22750: (a) Possession of a bakery tray, bakery basket, or merchandise pallet by an unauthorized person. (b) Obliteration of the company owner’s name on the bakery tray or bakery basket, or obliteration of the indicia of ownership on a merchandise pallet, except by the owner. (Amended by Stats. 2012, Ch. 300, Sec. 5. (AB 1583) Effective January 1, 2013.)
22754.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. )
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An unauthorized person who possesses a bakery tray, bakery basket, or merchandise pallet may face civil action.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24. Bakery Trays, Bakery Baskets, and Merchandise Pallets [22750 - 22754] ( Heading of Chapter 24 amended by Stats. 1995, Ch. 456, Sec. 2. ) ## 22754. An unauthorized person who possesses a bakery tray, bakery basket, or merchandise pallet is subject to civil action. Punitive damages under Section 3294 of the Civil Code and costs shall be awarded to a person who is awarded actual damages arising from a violation of this chapter. (Added by Stats. 1995, Ch. 456, Sec. 7. Effective January 1, 1996.)
22755.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24.5. Plastic Bulk Merchandise Containers [22755- 22755.] ( Chapter 24.5 added by Stats. 2006, Ch. 461, Sec. 1. )
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Certain buyers or transporters of plastic bulk merchandise containers must get ownership documents and verify the seller’s photo ID, keep the collected information for one year, and violations are misdemeanors.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 24.5. Plastic Bulk Merchandise Containers [22755- 22755.] ( Chapter 24.5 added by Stats. 2006, Ch. 461, Sec. 1. ) ## 22755. (a) For purposes of this section, “plastic bulk merchandise container” means a plastic crate or shell used by a product producer, distributor, or retailer, or an agent of the product producer, distributor, or retailer as a means for the bulk transportation, storage, or carrying of retail containers of milk, eggs, or bottled beverage products. (b) Any person or entity purchasing or transporting plastic bulk merchandise containers, who is in the business of recycling, shredding, or destruction of, or in the business of transporting for the purpose of recycling, shredding, or destruction of, plastic bulk merchandise containers, shall obtain a proof of ownership record or bill of lading from a person selling or delivering five or more plastic bulk merchandise containers that shows that the person selling or delivering the containers has lawful possession or ownership of the containers, and shall also verify the seller’s identity by a driver’s license or other government-issued photo identification. The proof of ownership record shall include all of the following information: (1) The name, address, telephone number, and signature of the seller or the seller’s authorized representative. (2) The name and address of the buyer or consignee if not sold. (3) A description of the product including number of units. (4) The date of transaction. (c) The information required to be collected by this section shall be kept for one year from the date of purchase or delivery, whichever is later. (d) Any person who violates the provisions of this section is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 300, Sec. 6. (AB 1583) Effective January 1, 2013.)
22757.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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This chapter is called the California AI Transparency Act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757. This chapter shall be known as the California AI Transparency Act. (Added by Stats. 2024, Ch. 291, Sec. 1. (SB 942) Effective January 1, 2025. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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This section defines terms used in the AI Transparency Act, including AI, GenAI system, covered provider, large online platform, provenance data, and related terms.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.1. As used in this chapter: (a) “Artificial intelligence” or “AI” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (b) “Capture device” means a device that can record photographs, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders. (c) (1) “Capture device manufacturer” means a person who produces a capture device for sale in the state. (2) “Capture device manufacturer” does not include a person exclusively engaged in the assembly of a capture device. (d) “Covered provider” means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state. (e) “Digital signature” means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section. (f) “Generative artificial intelligence system” or “GenAI system” means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system’s training data. (g) “GenAI hosting platform” means an internet website or application that makes available for download the source code or model weights a generative artificial intelligence system by a resident of the state, regardless of whether the terms of that use include compensation. (h) (1) “Large online platform” means a public-facing social media platform, file-sharing platform, mass messaging platform, or stand-alone search engine that distributes content to users who did not create or collaborate in creating the content that exceeded 2,000,000 unique monthly users during the preceding 12 months. (2) “Large online platform” does not include either of the following: (A) A broadband internet access service, as defined in Section 3100 of the Civil Code. (B) A telecommunications service, as defined in Section 153 of Title 47 of the United States Code. (i) “Latent” means present but not manifest. (j) “Manifest” means easily perceived, understood, or recognized by a natural person. (k) “Mass messaging platform” means a direct messaging platform that allows users to distribute content to more than 100 users simultaneously. (l) “Metadata” means structural or descriptive information about data. (m) “Personal information” has the same meaning as defined in Section 1798.140 of the Civil Code. (n) (1) “Personal provenance data” means provenance data that contains either of the following: (A) Personal information. (B) Unique device, system, or service information that is reasonably capable of being associated with a particular user. (2) “Personal provenance data” does not include information contained within a digital signature. (o) “Provenance data” means data that is embedded into digital content, or that is included in the digital content’s metadata, for the purpose of verifying the digital content’s authenticity, origin, or history of modification. (p) “System provenance data” means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following: (1) Information regarding the type of device, system, or service that was used to generate a piece of digital content. (2) Information related to content authenticity. (Amended by Stats. 2025, Ch. 674, Sec. 1. (AB 853) Effective January 1, 2026. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.10.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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This chapter is named the Transparency in Frontier Artificial Intelligence Act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.10. This chapter shall be known as the Transparency in Frontier Artificial Intelligence Act. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.11.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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This section defines key terms used in the chapter on Transparency in Frontier Artificial Intelligence.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.11. For purposes of this chapter: (a) “Affiliate” means a person controlling, controlled by, or under common control with a specified person, directly or indirectly, through one or more intermediaries. (b) “Artificial intelligence model” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (c) (1) “Catastrophic risk” means a foreseeable and material risk that a frontier developer’s development, storage, use, or deployment of a frontier model will materially contribute to the death of, or serious injury to, more than 50 people or more than one billion dollars ($1,000,000,000) in damage to, or loss of, property arising from a single incident involving a frontier model doing any of the following: (A) Providing expert-level assistance in the creation or release of a chemical, biological, radiological, or nuclear weapon. (B) Engaging in conduct with no meaningful human oversight, intervention, or supervision that is either a cyberattack or, if the conduct had been committed by a human, would constitute the crime of murder, assault, extortion, or theft, including theft by false pretense. (C) Evading the control of its frontier developer or user. (2) “Catastrophic risk” does not include a foreseeable and material risk from any of the following: (A) Information that a frontier model outputs if the information is otherwise publicly accessible in a substantially similar form from a source other than a foundation model. (B) Lawful activity of the federal government. (C) Harm caused by a frontier model in combination with other software if the frontier model did not materially contribute to the harm. (d) “Critical safety incident” means any of the following: (1) Unauthorized access to, modification of, or exfiltration of, the model weights of a frontier model that results in death or bodily injury. (2) Harm resulting from the materialization of a catastrophic risk. (3) Loss of control of a frontier model causing death or bodily injury. (4) A frontier model that uses deceptive techniques against the frontier developer to subvert the controls or monitoring of its frontier developer outside of the context of an evaluation designed to elicit this behavior and in a manner that demonstrates materially increased catastrophic risk. (e) (1) “Deploy” means to make a frontier model available to a third party for use, modification, copying, or combination with other software. (2) “Deploy” does not include making a frontier model available to a third party for the primary purpose of developing or evaluating the frontier model. (f) “Foundation model” means an artificial intelligence model that is all of the following: (1) Trained on a broad data set. (2) Designed for generality of output. (3) Adaptable to a wide range of distinctive tasks. (g) “Frontier AI framework” means documented technical and organizational protocols to manage, assess, and mitigate catastrophic risks. (h) “Frontier developer” means a person who has trained, or initiated the training of, a frontier model, with respect to which the person has used, or intends to use, at least as much computing power to train the frontier model as would meet the technical specifications found in subdivision (i). (i) (1) “Frontier model” means a foundation model that was trained using a quantity of computing power greater than 10^26 integer or floating-point operations. (2) The quantity of computing power described in paragraph (1) shall include computing for the original training run and for any subsequent fine-tuning, reinforcement learning, or other material modifications the developer applies to a preceding foundation model. (j) “Large frontier developer” means a frontier developer that together with its affiliates collectively had annual gross revenues in excess of five hundred million dollars ($500,000,000) in the preceding calendar year. (k) “Model weight” means a numerical parameter in a frontier model that is adjusted through training and that helps determine how inputs are transformed into outputs. (l) “Property” means tangible or intangible property. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.12.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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Large frontier developers must create, maintain, update, and publish a frontier AI framework, and certain frontier developers must publish transparency reports and report catastrophic-risk summaries to the Office of Emergency Services.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.12. (a) A large frontier developer shall write, implement, comply with, and clearly and conspicuously publish on its internet website a frontier AI framework that applies to the large frontier developer’s frontier models and describes how the large frontier developer approaches all of the following: (1) Incorporating national standards, international standards, and industry-consensus best practices into its frontier AI framework. (2) Defining and assessing thresholds used by the large frontier developer to identify and assess whether a frontier model has capabilities that could pose a catastrophic risk, which may include multiple-tiered thresholds. (3) Applying mitigations to address the potential for catastrophic risks based on the results of assessments undertaken pursuant to paragraph (2). (4) Reviewing assessments and adequacy of mitigations as part of the decision to deploy a frontier model or use it extensively internally. (5) Using third parties to assess the potential for catastrophic risks and the effectiveness of mitigations of catastrophic risks. (6) Revisiting and updating the frontier AI framework, including any criteria that trigger updates and how the large frontier developer determines when its frontier models are substantially modified enough to require disclosures pursuant to subdivision (c). (7) Cybersecurity practices to secure unreleased model weights from unauthorized modification or transfer by internal or external parties. (8) Identifying and responding to critical safety incidents. (9) Instituting internal governance practices to ensure implementation of these processes. (10) Assessing and managing catastrophic risk resulting from the internal use of its frontier models, including risks resulting from a frontier model circumventing oversight mechanisms. (b) (1) A large frontier developer shall review and, as appropriate, update its frontier AI framework at least once per year. (2) If a large frontier developer makes a material modification to its frontier AI framework, the large frontier developer shall clearly and conspicuously publish the modified frontier AI framework and a justification for that modification within 30 days. (c) (1) Before, or concurrently with, deploying a new frontier model or a substantially modified version of an existing frontier model, a frontier developer shall clearly and conspicuously publish on its internet website a transparency report containing all of the following: (A) The internet website of the frontier developer. (B) A mechanism that enables a natural person to communicate with the frontier developer. (C) The release date of the frontier model. (D) The languages supported by the frontier model. (E) The modalities of output supported by the frontier model. (F) The intended uses of the frontier model. (G) Any generally applicable restrictions or conditions on uses of the frontier model. (2) Before, or concurrently with, deploying a new frontier model or a substantially modified version of an existing frontier model, a large frontier developer shall include in the transparency report required by paragraph (1) summaries of all of the following: (A) Assessments of catastrophic risks from the frontier model conducted pursuant to the large frontier developer’s frontier AI framework. (B) The results of those assessments. (C) The extent to which third-party evaluators were involved. (D) Other steps taken to fulfill the requirements of the frontier AI framework with respect to the frontier model. (3) A frontier developer that publishes the information described in paragraph (1) or (2) as part of a larger document, including a system card or model card, shall be deemed in compliance with the applicable paragraph. (4) A frontier developer is encouraged, but not required, to make disclosures described in this subdivision that are consistent with, or superior to, industry best practices. (d) A large frontier developer shall transmit to the Office of Emergency Services a summary of any assessment of catastrophic risk resulting from internal use of its frontier models every three months or pursuant to another reasonable schedule specified by the large frontier developer and communicated in writing to the Office of Emergency Services with written updates, as appropriate. (e) (1) (A) A frontier developer shall not make a materially false or misleading statement about catastrophic risk from its frontier models or its management of catastrophic risk. (B) A large frontier developer shall not make a materially false or misleading statement about its implementation of, or compliance with, its frontier AI framework. (2) This subdivision does not apply to a statement that was made in good faith and was reasonable under the circumstances. (f) (1) When a frontier developer publishes documents to comply with this section, the frontier developer may make redactions to those documents that are necessary to protect the frontier developer’s trade secrets, the frontier developer’s cybersecurity, public safety, or the national security of the United States or to comply with any federal or state law. (2) If a frontier developer redacts information in a document pursuant to this subdivision, the frontier developer shall describe the character and justification of the redaction in any published version of the document to the extent permitted by the concerns that justify redaction and shall retain the unredacted information for five years. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.13.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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The Office of Emergency Services must set up reporting systems, and frontier developers must report critical safety incidents on time, with faster disclosure for incidents posing imminent risk of death or serious physical injury.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.13. (a) The Office of Emergency Services shall establish a mechanism to be used by a frontier developer or a member of the public to report a critical safety incident that includes all of the following: (1) The date of the critical safety incident. (2) The reasons the incident qualifies as a critical safety incident. (3) A short and plain statement describing the critical safety incident. (4) Whether the incident was associated with internal use of a frontier model. (b) (1) The Office of Emergency Services shall establish a mechanism to be used by a large frontier developer to confidentially submit summaries of any assessments of the potential for catastrophic risk resulting from internal use of its frontier models. (2) The Office of Emergency Services shall take all necessary precautions to limit access to any reports related to internal use of frontier models to only personnel with a specific need to know the information and to protect the reports from unauthorized access. (c) (1) Subject to paragraph (2), a frontier developer shall report any critical safety incident pertaining to one or more of its frontier models to the Office of Emergency Services within 15 days of discovering the critical safety incident. (2) If a frontier developer discovers that a critical safety incident poses an imminent risk of death or serious physical injury, the frontier developer shall disclose that incident within 24 hours to an authority, including any law enforcement agency or public safety agency with jurisdiction, that is appropriate based on the nature of that incident and as required by law. (3) A frontier developer that discovers information about a critical safety incident after filing the initial report required by this subdivision may file an amended report. (4) A frontier developer is encouraged, but not required, to report critical safety incidents pertaining to foundation models that are not frontier models. (d) The Office of Emergency Services shall review critical safety incident reports submitted by frontier developers and may review reports submitted by members of the public. (e) (1) The Attorney General or the Office of Emergency Services may transmit reports of critical safety incidents and reports from covered employees made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code to the Legislature, the Governor, the federal government, or appropriate state agencies. (2) The Attorney General or the Office of Emergency Services shall strongly consider any risks related to trade secrets, public safety, cybersecurity of a frontier developer, or national security when transmitting reports. (f) A report of a critical safety incident submitted to the Office of Emergency Services pursuant to this section, a report of assessments of catastrophic risk from internal use pursuant to Section 22757.12, and a covered employee report made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code are exempt from the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (g) (1) Beginning January 1, 2027, and annually thereafter, the Office of Emergency Services shall produce a report with anonymized and aggregated information about critical safety incidents that have been reviewed by the Office of Emergency Services since the preceding report. (2) The Office of Emergency Services shall not include information in a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of a frontier developer, public safety, or the national security of the United States or that would be prohibited by any federal or state law. (3) The Office of Emergency Services shall transmit a report pursuant to this subdivision to the Legislature, pursuant to Section 9795, and to the Governor. (h) The Office of Emergency Services may adopt regulations designating one or more federal laws, regulations, or guidance documents that meet all of the following conditions for the purposes of subdivision (i): (1) (A) The law, regulation, or guidance document imposes or states standards or requirements for critical safety incident reporting that are substantially equivalent to, or stricter than, those required by this section. (B) The law, regulation, or guidance document described in subparagraph (A) does not need to require critical safety incident reporting to the State of California. (2) The law, regulation, or guidance document is intended to assess, detect, or mitigate the catastrophic risk. (i) (1) A frontier developer that intends to comply with this section by complying with the requirements of, or meeting the standards stated by, a federal law, regulation, or guidance document designated pursuant to subdivision (h) shall declare its intent to do so to the Office of Emergency Services. (2) After a frontier developer has declared its intent pursuant to paragraph (1), both of the following apply: (A) The frontier developer shall be deemed in compliance with this section to the extent that the frontier developer meets the standards of, or complies with the requirements imposed or stated by, the designated federal law, regulation, or guidance document until the frontier developer declares the revocation of that intent to the Office of Emergency Services or the Office of Emergency Services revokes a relevant regulation pursuant to subdivision (j). (B) The failure by a frontier developer to meet the standards of, or comply with the requirements stated by, the federal law, regulation, or guidance document designated pursuant to subdivision (h) shall constitute a violation of this chapter. (j) The Office of Emergency Services shall revoke a regulation adopted under subdivision (h) if the requirements of subdivision (h) are no longer met. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.14.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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The Department of Technology must review evidence each year and recommend updates to certain AI-related definitions. The Attorney General must also produce an annual anonymized and aggregated report, while leaving out sensitive information.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.14. (a) On or before January 1, 2027, and annually thereafter, the Department of Technology shall assess recent evidence and developments relevant to the purposes of this chapter and shall make recommendations about whether and how to update any of the following definitions for the purposes of this chapter to ensure that they accurately reflect technological developments, scientific literature, and widely accepted national and international standards: (1) “Frontier model” so that it applies to foundation models at the frontier of artificial intelligence development. (2) “Frontier developer” so that it applies to developers of frontier models who are themselves at the frontier of artificial intelligence development. (3) “Large frontier developer” so that it applies to well-resourced frontier developers. (b) In making recommendations pursuant to this section, the Department of Technology shall take into account all of the following: (1) Similar thresholds used in international standards or federal law, guidance, or regulations for the management of catastrophic risk and shall align with a definition adopted in a federal law or regulation to the extent that it is consistent with the purposes of this chapter. (2) Input from stakeholders, including academics, industry, the open-source community, and governmental entities. (3) The extent to which a person will be able to determine, before beginning to train or deploy a foundation model, whether that person will be subject to the definition as a frontier developer or as a large frontier developer with an aim toward allowing earlier determinations if possible. (4) The complexity of determining whether a person or foundation model is covered, with an aim toward allowing simpler determinations if possible. (5) The external verifiability of determining whether a person or foundation model is covered, with an aim toward definitions that are verifiable by parties other than the frontier developer. (c) Upon developing recommendations pursuant to this section, the Department of Technology shall submit a report to the Legislature, pursuant to Section 9795 of the Government Code, with those recommendations. (d) (1) Beginning January 1, 2027, and annually thereafter, the Attorney General shall produce a report with anonymized and aggregated information about reports from covered employees made pursuant to Chapter 5.1 (commencing with Section 1107) of Part 3 of Division 2 of the Labor Code that have been reviewed by the Attorney General since the preceding report. (2) The Attorney General shall not include information in a report pursuant to this subdivision that would compromise the trade secrets or cybersecurity of a frontier developer, confidentiality of a covered employee, public safety, or the national security of the United States or that would be prohibited by any federal or state law. (3) The Attorney General shall transmit a report pursuant to this subdivision to the Legislature, pursuant to Section 9795 of the Government Code, and to the Governor. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.15.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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A large frontier developer can face a civil penalty of up to $1,000,000 per violation for listed compliance failures, and only the Attorney General may bring the civil action to recover it.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.15. (a) A large frontier developer that fails to publish or transmit a compliant document required to be published or transmitted under this chapter, makes a statement in violation of subdivision (e) of Section 22757.12, fails to report an incident as required by Section 22757.13, or fails to comply with its own frontier AI framework shall be subject to a civil penalty in an amount dependent upon the severity of the violation that does not exceed one million dollars ($1,000,000) per violation. (b) A civil penalty described in this section shall be recovered in a civil action brought only by the Attorney General. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.16.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. )
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For this chapter, a loss in equity value is not treated as damage to or loss of property.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25.1. Transparency in Frontier Artificial Intelligence Act [22757.10 - 22757.16] ( Chapter 25.1 added by Stats. 2025, Ch. 138, Sec. 2. ) ## 22757.16. The loss of value of equity does not count as damage to or loss of property for the purposes of this chapter. (Added by Stats. 2025, Ch. 138, Sec. 2. (SB 53) Effective January 1, 2026.)
22757.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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A covered provider must offer a free AI detection tool and follow limits on what it can collect, retain, and disclose from users and submitted content.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.2. (a) A covered provider shall make available an AI detection tool at no cost to the user that meets all of the following criteria: (1) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider’s GenAI system. (2) The tool outputs any system provenance data that is detected in the content. (3) The tool does not output any personal provenance data that is detected in the content. (4) (A) Subject to subparagraph (B), the tool is publicly accessible. (B) A covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its GenAI system. (5) The tool allows a user to upload content or provide a uniform resource locator (URL) linking to online content. (6) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered provider’s internet website. (b) A covered provider shall collect user feedback related to the efficacy of the covered provider’s AI detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool. (c) A covered provider shall not do any of the following: (1) (A) Except as provided in subparagraph (B), collect or retain personal information from users of the covered provider’s AI detection tool. (B) (i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to subdivision (b) if the user opts in to being contacted by the covered provider. (ii) User information collected pursuant to clause (i) shall be used only to evaluate and improve the efficacy of the covered provider’s AI detection tool. (2) Retain any content submitted to the AI detection tool for longer than is necessary to comply with this section. (3) Retain any personal provenance data from content submitted to the AI detection tool by a user. (Added by Stats. 2024, Ch. 291, Sec. 1. (SB 942) Effective January 1, 2025. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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Covered providers must offer and include AI disclosures in certain generated content, and they must impose and enforce disclosure-related terms when licensing the system to third parties.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.3. (a) A covered provider shall offer the user the option to include a manifest disclosure in image, video, or audio content, or content that is any combination thereof, created or altered by the covered provider’s GenAI system that meets all of the following criteria: (1) The disclosure identifies content as AI-generated content. (2) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person. (3) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible. (b) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider’s GenAI system that meets all of the following criteria: (1) To the extent that it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website: (A) The name of the covered provider. (B) The name and version number of the GenAI system that created or altered the content. (C) The time and date of the content’s creation or alteration. (D) A unique identifier. (2) The disclosure is detectable by the covered provider’s AI detection tool. (3) The disclosure is consistent with widely accepted industry standards. (4) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible. (c) (1) If a covered provider licenses its GenAI system to a third party, the covered provider shall require by contract that the licensee maintain the system’s capability to include a disclosure required by subdivision (b) in content the system creates or alters. (2) If a covered provider knows that a third-party licensee modified a licensed GenAI system such that it is no longer capable of including a disclosure required by subdivision (b) in content the system creates or alters, the covered provider shall revoke the license within 96 hours of discovering the licensee’s action. (3) A third-party licensee shall cease using a licensed GenAI system after the license for the system has been revoked by the covered provider pursuant to paragraph (2). (Added by Stats. 2024, Ch. 291, Sec. 1. (SB 942) Effective January 1, 2025. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.3.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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A large online platform must detect compliant provenance data, provide users a disclosure interface, let users inspect available provenance data, and must not knowingly strip compliant provenance data or digital signatures to the extent technically feasible.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.3.1. (a) A large online platform shall do all of the following: (1) Detect whether any provenance data that is compliant with widely adopted specifications adopted by an established standards-setting body is embedded into or attached to content distributed on the large online platform. (2) (A) Provide a user interface to disclose the availability of system provenance data that reliably indicates that the content was generated or substantially altered by a GenAI system or captured by a capture device. (B) The user interface required by this paragraph shall make clearly and conspicuously available to users information sufficient to identify the content’s authenticity, origin, or history of modification, including, but not limited to, all of the following: (i) Whether provenance data is available. (ii) The name of the GenAI system or capture device that created or substantially altered the content, if applicable. (iii) Whether any digital signatures are available. (3) Allow a user to inspect all available system provenance data that is compliant with widely adopted specifications adopted by an established standards-setting body in an easily accessible manner by any of the following means: (A) Directly through the large online platform’s user interface pursuant to paragraph (2). (B) Allow the user to download a version of the content with its attached system provenance data. (C) Provide a link to the content’s system provenance data displayed on an internet website or in another application provided either by the large online platform or a third party. (b) A large online platform shall not, to the extent technically feasible, knowingly strip any system provenance data or digital signature that is compliant with widely adopted specifications adopted by an established standards-setting body from content uploaded or distributed on the large online platform. (c) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 674, Sec. 2. (AB 853) Effective January 1, 2026. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.3.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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A GenAI system hosting platform must not knowingly make available a GenAI system unless it places the disclosures required by Section 22757.3.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.3.2. (a) A GenAI system hosting platform shall not knowingly make available a GenAI system that does not place disclosures pursuant to Section 22757.3. (b) This section shall become operative on January 1, 2027. (Added by Stats. 2025, Ch. 674, Sec. 3. (AB 853) Effective January 1, 2026. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.3.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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A capture device manufacturer must let users add a latent disclosure, embed latent disclosures by default, and only comply to the extent technically feasible and consistent with widely adopted standards; this section becomes operative on January 1, 2028.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.3.3. (a) A capture device manufacturer shall, with respect to any capture device the capture device manufacturer first produced for sale in the state on or after January 1, 2028, do both of the following: (1) Provide a user with the option to include a latent disclosure in content captured by the capture device that conveys all of the following information: (A) The name of the capture device manufacturer. (B) The name and version number of the capture device that created or altered the content. (C) The time and date of the content’s creation or alteration. (2) Embed latent disclosures in content captured by the device by default. (b) A capture device manufacturer shall comply with this section only to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body. (c) This section shall become operative on January 1, 2028. (Added by Stats. 2025, Ch. 674, Sec. 4. (AB 853) Effective January 1, 2026. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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This section sets a $5,000 civil penalty per violation, allows public prosecutors to sue for it, and lets a prevailing plaintiff recover reasonable attorney’s fees and costs.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.4. (a) (1) A violator of this chapter shall be liable for a civil penalty in the amount of five thousand dollars ($5,000) per violation to be collected in a civil action filed by the Attorney General, a city attorney, or a county counsel. (2) A prevailing plaintiff in an action brought pursuant to this subdivision shall be entitled to all reasonable attorney’s costs and fees. (b) Each day that a covered provider, large online platform, or capture device manufacturer is in violation of this chapter shall be deemed a discrete violation. (c) For a violation by a third-party licensee of paragraph (3) of subdivision (c) of Section 22757.3, the Attorney General, a county counsel, or a city attorney may bring a civil action for both of the following: (1) Injunctive relief. (2) Reasonable attorney’s fees and costs. (Amended by Stats. 2025, Ch. 674, Sec. 5. (AB 853) Effective January 1, 2026. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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This chapter does not apply to certain products, services, websites, or apps that provide only non-user-generated video game, television, streaming, movie, or interactive experiences.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.5. This chapter does not apply to any product, service, internet website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences. (Added by Stats. 2024, Ch. 291, Sec. 1. (SB 942) Effective January 1, 2025. Operative August 2, 2026, pursuant to Section 22757.6.)
22757.6.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. )
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This chapter becomes operative on August 2, 2026.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 25. AI Transparency Act [22757 - 22757.6] ( Chapter 25 added by Stats. 2024, Ch. 291, Sec. 1. ) ## 22757.6. This chapter shall become operative on August 2, 2026. (Amended by Stats. 2025, Ch. 674, Sec. 6. (AB 853) Effective January 1, 2026.)
2276.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A certificate holder covered by this chapter must not use the term or suffix “D.O.” unless they have been granted the degree of doctor of osteopathy after completing the required approved osteopathic medical school course of study.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2276. Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of osteopathy after the completion of a full course of study as prescribed by an approved osteopathic medical school in accordance with the provisions of this chapter, the use of the term or suffix “D.O.” constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
22760.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 26. Telephone Equipment [22760 - 22761] ( Chapter 26 added by Stats. 1990, Ch. 340, Sec. 2. )
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Selling certain cordless phones in this state is unlawful unless they provide specified protection features.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 26. Telephone Equipment [22760 - 22761] ( Chapter 26 added by Stats. 1990, Ch. 340, Sec. 2. ) ## 22760. (a) It is unlawful to sell within this state any cordless telephone manufactured after January 1, 1992, that does not provide increased protection from unintentional line seizure and dialing, and protection from unintentional ringing. (b) For the purposes of this section, a cordless telephone is a two-way low power communication system consisting of the following two parts connected by a radio link: (1) A “base” unit connected to the public switched telephone network. (2) A “handset” or “remote” unit. (c) For the purposes of this section, a cordless telephone has increased protection from unintentional line seizure and dialing, and protection from unintentional ringing, if it does either of the following: (1) Provides a randomly selected preset digital security code from among at least 256 possible codes and a means for the user to manually enter a new security code in the event of interference. (2) Provides a means for automatically selecting a different code from among at least 256 possible discrete codes. (d) This section does not apply to any cordless telephone manufactured prior to January 1, 1992, whether, after the operative date of this section, it is inspected, repaired, or refurbished and returned to the original user, provided to another user in exchange for a unit needing repair, or resold. (Added by Stats. 1990, Ch. 340, Sec. 2.)
22761.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 26. Telephone Equipment [22760 - 22761] ( Chapter 26 added by Stats. 1990, Ch. 340, Sec. 2. )
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Certain smartphones sold in California must include a manufacturer- or operating-system-provided technological solution that can disable essential features for unauthorized users and be reversible by an authorized user.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 26. Telephone Equipment [22760 - 22761] ( Chapter 26 added by Stats. 1990, Ch. 340, Sec. 2. ) ## 22761. (a) For purposes of this section, the following terms have the following meanings: (1) (A) “Smartphone” means a cellular radio telephone or other mobile voice communications handset device that includes all of the following features: (i) Utilizes a mobile operating system. (ii) Possesses the capability to utilize mobile software applications, access and browse the Internet, utilize text messaging, utilize digital voice service, and send and receive email. (iii) Has wireless network connectivity. (iv) Is capable of operating on a long-term evolution network or successor wireless data network communication standards. (B) A “smartphone” does not include a radio cellular telephone commonly referred to as a “feature” or “messaging” telephone, a laptop, a tablet device, or a device that only has electronic reading capability. (2) “Essential features” of a smartphone are the ability to use the smartphone for voice communications, text messaging, and the ability to browse the Internet, including the ability to access and use mobile software applications. “Essential features” do not include any functionality needed for the operation of the technological solution, nor does it include the ability of the smartphone to access emergency services by a voice call or text to the numerals “911,” the ability of a smartphone to receive wireless emergency alerts and warnings, or the ability to call an emergency number predesignated by the owner. (3) “Hard reset” means the restoration of a smartphone to the state it was in when it left the factory through processes commonly termed a factory reset or master reset. (4) “Sold in California,” or any variation thereof, means that the smartphone is sold at retail from a location within the state, or the smartphone is sold and shipped to an end-use consumer at an address within the state. “Sold in California” does not include a smartphone that is resold in the state on the secondhand market or that is consigned and held as collateral on a loan. (b) (1) Except as provided in paragraph (3), any smartphone that is manufactured on or after July 1, 2015, and sold in California after that date, shall include a technological solution at the time of sale, to be provided by the manufacturer or operating system provider, that, once initiated and successfully communicated to the smartphone, can render the essential features of the smartphone inoperable to an unauthorized user when the smartphone is not in the possession of an authorized user. The smartphone shall, during the initial device setup process, prompt an authorized user to enable the technological solution. The technological solution shall be reversible, so that if an authorized user obtains possession of the smartphone after the essential features of the smartphone have been rendered inoperable, the operation of those essential features can be restored by an authorized user. A technological solution may consist of software, hardware, or a combination of both software and hardware, and when enabled, shall be able to withstand a hard reset or operating system downgrade and shall prevent reactivation of the smartphone on a wireless network except by an authorized user. (2) An authorized user of a smartphone may affirmatively elect to disable or opt-out of enabling the technological solution at any time. However, the physical acts necessary to disable or opt-out of enabling the technological solution may only be performed by the authorized user or a person specifically selected by the authorized user to disable or opt-out of enabling the technological solution. (3) Any smartphone model that was first introduced prior to January 1, 2015, that cannot reasonably be reengineered to support the manufacturer’s or operating system provider’s technological solution, including if the hardware or software cannot support a retroactive update, is not subject to the requirements of this section. (c) The knowing retail sale of a smartphone in California in violation of subdivision (b) may be subject to a civil penalty of not less than five hundred dollars ($500), nor more than two thousand five hundred dollars ($2,500), per smartphone sold in California in violation of this section. A suit to enforce this subdivision may only be brought by the Attorney General, a district attorney, or a city attorney. A failure of the technological solution due to hacking or other third-party circumvention may be considered a violation for purposes of this subdivision, only if, at the time of sale, the seller had received notification from the manufacturer or operating system provider that the vulnerability cannot be remedied by a software patch or other solution. There is no private right of action to enforce this subdivision. (d) The retail sale in California of a smartphone shall not result in any civil liability to the seller and its employees and agents from that retail sale alone if the liability results from or is caused by failure of a technological solution required pursuant to this section, including any hacking or other third-party circumvention of the technological solution, unless at the time of sale the seller had received notification from the manufacturer or operating system provider that the vulnerability cannot be remedied by a software patch or other solution. Nothing in this subdivision precludes a suit for civil damages on any other basis outside of the retail sale transaction, including, but not limited to, a claim of false advertising. (e) Any request by a government agency to interrupt communications service utilizing a technological solution required by this section is subject to Section 7908 of the Public Utilities Code. (f) Nothing in this section prohibits a network operator, device manufacturer, or operating system provider from offering a technological solution or other service in addition to the technological solution required to be provided by the device manufacturer or operating system provider pursuant subdivision (b). (g) Nothing in this section requires a technological solution that is incompatible with, or renders it impossible to comply with, obligations under state and federal law and regulation related to any of the following: (1) The provision of emergency services through the 911 system, including text to 911, bounce-back messages, and location accuracy requirements. (2) Participation in the wireless emergency alert system. (3) Participation in state and local emergency alert and public safety warning systems. (h) The Legislature finds and declares that the enactment of a uniform policy to deter thefts of smartphones and to protect the privacy of smartphone users if their smartphones are involuntarily acquired by others is a matter of statewide concern and no city, county, or city and county shall impose requirements on manufacturers, operating system providers, wireless carriers, or retailers relating to technological solutions for smartphones. (Added by Stats. 2014, Ch. 275, Sec. 2. (SB 962) Effective January 1, 2015.)
2277.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

A certificate holder may not use “D.P.M.” unless they have been granted the doctor of podiatric medicine degree after completing the prescribed podiatric medicine course.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2277. Unless the holder of any certificate provided for in this chapter has been granted the degree of doctor of podiatric medicine after the completion of a full course of study as prescribed by a school or college of podiatric medicine in accordance with the provisions of this chapter, the use of the term or suffix “D.P.M.” constitutes unprofessional conduct. (Amended by Stats. 1999, Ch. 655, Sec. 25. Effective January 1, 2000.)
22770.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27. Cable Television [22770- 22770.] ( Chapter 27 added by Stats. 1992, Ch. 361, Sec. 1. )
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Cable television operators and video providers may not charge for certain free individual services unless the customer specifically elects to keep the charge.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27. Cable Television [22770- 22770.] ( Chapter 27 added by Stats. 1992, Ch. 361, Sec. 1. ) ## 22770. (a) “Cable television operator” means the person or entity providing cable television services through the cable television system. (b) “Video provider” means any person, company, or service which provides one or more channels of video programming to a residence, including a home, condominium, apartment, or mobilehome, where some fee is paid, whether directly or as included in dues or rental charges, for that service, whether or not public rights-of-way are utilized in the delivery of the video programming. A “video provider” shall include, but not be limited to, providers of cable television, master antenna television, satellite master antenna television, direct broadcast satellite, multipoint distribution service, and other providers of video programming, whatever their technology. (c) No cable television operator or video provider shall charge for a service, for which a separate and distinct charge was made, that is provided to a consumer on an individual basis at no charge unless the customer affirmatively and specifically elects to continue that service for the applicable charge. This election may be made by the consumer at any time prior to the imposition of the applicable charge, including at any time prior to first receiving the service for no charge. This section shall not apply to the addition of any service to a package, tier or service offering or any restructuring or retiering of any package, tier or service offering, provided the consumer is receiving the package, tier or servicing offering at the time of the addition, restructuring or retiering. (Added by Stats. 1992, Ch. 361, Sec. 1. Effective January 1, 1993.)
22775.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. )
Verify source ↗

This section defines “video programming” and “video streaming service” for the chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. ) ## 22775. For purposes of this chapter, the following definitions apply: (a) “Video programming” has the same meaning as defined in Section 613(h) of Title 47 of the United States Code. (b) (1) “Video streaming service” means an entity that makes available directly to the consumer, through a distribution method that uses internet protocol, either of the following: (A) Video programming. (B) Video content the entity makes available for users to view. (2) “Video streaming service” does not include a television broadcast station, cable operator, or other multichannel video programing distributor, or an entity that serves video programming or video content without commercial advertisements. (Added by Stats. 2025, Ch. 336, Sec. 1. (SB 576) Effective January 1, 2026.)
22776.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. )
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Starting July 1, 2026, video streaming services serving consumers in the state may not make commercial ad audio louder than the video content it accompanies.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. ) ## 22776. On and after July 1, 2026, a video streaming service that serves consumers residing in the state shall not transmit the audio of commercial advertisements louder than the video content the advertisements accompany, consistent with the regulations adopted by the Federal Communications Commission pursuant to the Commercial Advertisement Loudness Mitigation (CALM) Act (Public Law 111-311) for television broadcast stations, cable operators, and other multichannel video programming distributors. (Added by Stats. 2025, Ch. 336, Sec. 1. (SB 576) Effective January 1, 2026.)
22777.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. )
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This section says the chapter does not create a private right of action.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.3. Video Streaming Services [22775 - 22777] ( Chapter 27.3 added by Stats. 2025, Ch. 336, Sec. 1. ) ## 22777. This chapter does not create a private right of action. (Added by Stats. 2025, Ch. 336, Sec. 1. (SB 576) Effective January 1, 2026.)
2278.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A person authorized to use “doctor” or “Dr.” must identify the type of certificate held unless they hold a physician’s and surgeon’s certificate.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2278. Unless a person authorized under this chapter to use the title “doctor” or the letters or prefix “Dr.” holds a physician’s and surgeon’s certificate, the use of such title, letters, or prefix without further indicating the type of certificate held, constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
22780.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.5. Commercial Mail Receiving Agency [22780- 22780.] ( Chapter 27.5 added by Stats. 1993, Ch. 636, Sec. 1. )
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Commercial mail receiving agencies must verify positive identification before accepting Form 1583, keep a copy of the form, and provide that copy to investigating law enforcement on request.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 27.5. Commercial Mail Receiving Agency [22780- 22780.] ( Chapter 27.5 added by Stats. 1993, Ch. 636, Sec. 1. ) ## 22780. (a) A commercial mail receiving agency shall not accept a Postal Service Form 1583 until positive identification has been established for the person filing the form. For purposes of this section, positive identification means any one of the following: (1) Driver’s license. (2) State identification card. (3) Armed forces identification card. (4) Employment identification card which contains the bearer’s signature and photograph. (5) Any similar documentation which provides the agency with reasonable assurance of the identity of the filer. (b) A commercial mail receiving agency shall maintain a copy of any Postal Service Form 1583 filed with the United States Postal Service. Upon the request of any law enforcement agency conducting an investigation, the commercial mail receiving agency shall make available to that law enforcement agency for purposes of that investigation and copying, its copy of the Postal Service Form 1583. (c) A violation of this chapter is an infraction punishable by a fine of not less than one hundred dollars ($100) for the first offense, and a fine of not less than five hundred dollars ($500) for each subsequent offense. (Added by Stats. 1993, Ch. 636, Sec. 1. Effective January 1, 1994.)
2280.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

A licensee must not practice medicine while impaired by narcotic drugs or alcohol.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2280. No licensee shall practice medicine while under the influence of any narcotic drug or alcohol to such an extent as to impair his or her ability to conduct the practice of medicine with safety to the public and his or her patients. Violation of this section constitutes unprofessional conduct and is a misdemeanor. (Added by Stats. 1993, Ch. 1267, Sec. 28. Effective January 1, 1994.)
2281.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

A physician, surgeon, or clinical training student may not perform a pelvic exam on an anesthetized or unconscious female patient unless consent or a stated medical necessity exception applies.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2281. A physician and surgeon or a student undertaking a course of professional instruction or a clinical training program, may not perform a pelvic examination on an anesthetized or unconscious female patient unless the patient gave informed consent to the pelvic examination, or the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination to be performed on the patient or, in the case of an unconscious patient, the pelvic examination is required for diagnostic purposes. (Added by Stats. 2003, Ch. 644, Sec. 2. Effective January 1, 2004.)
2282.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Hospitals with five or more physicians and surgeons must have board-established rules governing hospital operations, including medical staff organization, membership, self-governance, and patient medical records.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2282. The regular practice of medicine in a licensed general or specialized hospital having five or more physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all the following, constitutes unprofessional conduct: (a) Provision for the organization of physicians and surgeons licensed to practice in this state who are permitted to practice in the hospital into a formal medical staff with appropriate officers and bylaws and with staff appointments on an annual or biennial basis. (b) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits from professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff. (c) Provision that the medical staff shall be self-governing with respect to the professional work performed in the hospital; that the medical staff shall meet periodically and review and analyze at regular intervals their clinical experience; and the medical records of patients shall be the basis for such review and analysis. (d) Provision that adequate and accurate medical records be prepared and maintained for all patients. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2283.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Regular medical practice in a small licensed general or specialized hospital can count as unprofessional conduct if the hospital lacks board rules containing the required staffing and records provisions.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2283. The regular practice of medicine in a licensed general or specialized hospital having less than five physicians and surgeons on the medical staff, which does not have rules established by the board of directors thereof to govern the operation of the hospital, which rules include, among other provisions, all of the following, constitutes unprofessional conduct: (a) Provision that membership on the medical staff shall be restricted to physicians and surgeons and other licensed practitioners competent in their respective fields and worthy in professional ethics. In this respect the division of profits for professional fees in any manner shall be prohibited and any such division shall be cause for exclusion from the staff. (b) Provision that adequate and accurate medical records be prepared and maintained for all patients. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2284.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Certain physicians, podiatrists, groups, and medical or podiatry corporations may not share fees with acupuncturists or receive referral/diagnosis-related consideration, and they may not employ more than the allowed number of acupuncturists.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2284. (a) A licensed physician and surgeon or a licensed podiatrist, or a group of physicians and surgeons or podiatrists, or a medical or podiatry corporation shall not share in any fee charged by an acupuncturist or receive any consideration from or on behalf of such acupuncturist for any referral or diagnosis. (b) A licensed physician and surgeon or podiatrist shall not employ more than one acupuncturist. (c) A group of physicians and surgeons or podiatrists, or a medical or podiatry corporation, shall not employ more than one acupuncturist for every 20 practitioners in such group or corporation. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2285.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

A licensee may not use a fictitious, false, assumed, or other non-own name in public-facing practice materials unless the licensee has the required fictitious-name permit.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2285. The use of any fictitious, false, or assumed name, or any name other than his or her own by a licensee either alone, in conjunction with a partnership or group, or as the name of a professional corporation, in any public communication, advertisement, sign, or announcement of his or her practice without a fictitious-name permit obtained pursuant to Section 2415 constitutes unprofessional conduct. This section shall not apply to the following: (a) Licensees who are employed by a partnership, a group, or a professional corporation that holds a fictitious name permit. (b) Licensees who contract with, are employed by, or are on the staff of, any clinic licensed by the State Department of Health Services under Chapter 1 (commencing with Section 1200) of Division 2 of the Health and Safety Code. (c) An outpatient surgery setting granted a certificate of accreditation from an accreditation agency approved by the medical board. (d) Any medical school approved by the division or a faculty practice plan connected with the medical school. (Amended by Stats. 2003, Ch. 607, Sec. 6. Effective January 1, 2004.)
2286.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Any licensee commits unprofessional conduct by violating, trying to violate, helping violate, or conspiring to violate certain professional corporation laws or their adopted rules.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2286. It shall constitute unprofessional conduct for any licensee to violate, to attempt to violate, directly or indirectly, to assist in or abet the violation of, or to conspire to violate any provision or term of Article 18 (commencing with Section 2400), of the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), or of any rules and regulations duly adopted under those laws. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2287.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Selling, buying, bartering, or offering to buy, sell, or barter certain medical or podiatric credentials is unprofessional conduct; attempting or conspiring to do so is also unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2287. The purchase, sale, or barter, or offering to purchase, sell, or barter any medical or podiatric degree, or any degree, diploma, certificate, affidavit, transcript, or other evidence made or purporting to be made, pursuant to any laws regulating the licensure of persons under this chapter, or any preceding medical practice act or for use in connection with the granting of any certificates or diplomas or the purchase, procurement, or altering in any material regard, with fraudulent intent, a diploma, certificate, affidavit, transcript, or other evidence required for issuing any certificate or diploma that has been purchased, fraudulently issued, counterfeited, or materially altered constitutes unprofessional conduct. The attempt to or conspiring to violate this section also constitutes unprofessional conduct. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2288.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Impersonating an applicant or acting as a proxy for an applicant in a required examination for a certificate is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2288. The impersonation of any applicant or acting as proxy for any applicant in any examination required under this chapter for a certificate constitutes unprofessional conduct. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2289.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

Impersonating another licensed practitioner, or letting someone else use a certificate to practice medicine or podiatric medicine, is unprofessional conduct.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2289. The impersonation of another licensed practitioner or permitting or allowing another person to use his or her certificate to engage in the practice of medicine or podiatric medicine constitutes unprofessional conduct. (Added by Stats. 1980, Ch. 1313, Sec. 2.)
2290.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
Verify source ↗

This section says Article 4 on frauds involving medical records and related documents is not affected, and if an act is a crime within its scope, that Article 4 provision controls.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2290. The provisions of Article 4 (commencing with Section 580) of Chapter 1, relating to frauds of medical records, degrees, diplomas, certificates, and transcripts are not affected by the provisions of this article and, so far as any act is a crime within their scope, such provisions control over the provisions of this article. (Repealed and added by Stats. 1980, Ch. 1313, Sec. 2.)
2290.5.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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Before providing telehealth, the provider must tell the patient about telehealth, get verbal or written consent, and document that consent.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2290.5. (a) For purposes of this division, the following definitions apply: (1) “Asynchronous store and forward” means the transmission of a patient’s medical information from an originating site to the health care provider at a distant site. (2) “Distant site” means a site where a health care provider who provides health care services is located while providing these services via a telecommunications system. (3) “Health care provider” means any of the following: (A) A person who is licensed under this division. (B) An associate marriage and family therapist or marriage and family therapist trainee functioning pursuant to Section 4980.43.3. (C) A qualified autism service provider certified by a national entity as defined in Section 4999.200 or a qualified autism service professional as defined in Section 4999.201. (D) An associate clinical social worker functioning pursuant to Section 4996.23.2. (E) An associate professional clinical counselor or clinical counselor trainee functioning pursuant to Section 4999.46.3. (4) “Originating site” means a site where a patient is located at the time health care services are provided via a telecommunications system or where the asynchronous store and forward service originates. (5) “Synchronous interaction” means a real-time interaction between a patient and a health care provider located at a distant site. (6) “Telehealth” means the mode of delivering health care services and public health via information and communication technologies to facilitate the diagnosis, consultation, treatment, education, care management, and self-management of a patient’s health care. Telehealth facilitates patient self-management and caregiver support for patients and includes synchronous interactions and asynchronous store and forward transfers. (b) Before the delivery of health care via telehealth, the health care provider initiating the use of telehealth shall inform the patient about the use of telehealth and obtain verbal or written consent from the patient for the use of telehealth as an acceptable mode of delivering health care services and public health. The consent shall be documented. (c) This section does not preclude a patient from receiving in-person health care delivery services during a specified course of health care and treatment after agreeing to receive services via telehealth. (d) The failure of a health care provider to comply with this section shall constitute unprofessional conduct. Section 2314 shall not apply to this section. (e) This section does not alter the scope of practice of a health care provider or authorize the delivery of health care services in a setting, or in a manner, not otherwise authorized by law. (f) All laws regarding the confidentiality of health care information and a patient’s rights to the patient’s medical information shall apply to telehealth interactions. (g) All laws and regulations governing professional responsibility, unprofessional conduct, and standards of practice that apply to a health care provider under the health care provider’s license shall apply to that health care provider while providing telehealth services. (h) This section shall not apply to a patient under the jurisdiction of the Department of Corrections and Rehabilitation or any other correctional facility. (i) (1) Notwithstanding any other law and for purposes of this section, the governing body of the hospital whose patients are receiving the telehealth services may grant privileges to, and verify and approve credentials for, providers of telehealth services based on its medical staff recommendations that rely on information provided by the distant-site hospital or telehealth entity, as described in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. (2) By enacting this subdivision, it is the intent of the Legislature to authorize a hospital to grant privileges to, and verify and approve credentials for, providers of telehealth services as described in paragraph (1). (3) For the purposes of this subdivision, “telehealth” shall include “telemedicine” as the term is referenced in Sections 482.12, 482.22, and 485.616 of Title 42 of the Code of Federal Regulations. (Amended by Stats. 2025, Ch. 413, Sec. 1. (SB 402) Effective January 1, 2026.)
22900.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section says the Legislature finds it necessary to regulate business relations between dealers and suppliers for certain equipment sales, rentals, and distribution involving independent dealers.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22900. The Legislature finds and declares that the retail distribution, sales, and rental of agricultural, construction, utility, industrial, mining, outdoor power, forestry, and lawn and garden equipment, utilizing independent dealers operating under contract with the supplier vitally affects the general economy of the state, the public interest, and the public welfare. Therefore, the Legislature has determined that it is necessary to regulate the business relations between the dealers and suppliers as described in this chapter. (Amended by Stats. 2005, Ch. 712, Sec. 2. Effective October 7, 2005.)
22901.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section defines key terms used in the chapter on fair practices for equipment manufacturers, distributors, wholesalers, and dealers.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22901. The following definitions apply for purposes of this chapter: (a) “Act” means the Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act. (b) “Bulk sales law” means the Uniform Commercial Code-Bulk Sales as contained in Division 6 (commencing with Section 6101) of the Commercial Code. (c) “Claim” means a dealer’s claim for reimbursement from a supplier for labor and materials expended by the dealer to meet the requirements of the supplier’s warranty agreement with a consumer of the supplier’s products if the dealer has complied with the supplier’s then-existing written policies and procedures for warranties and warranty claims. (d) “Current parts price” means, with respect to current parts, the price for repair parts listed in the supplier’s price list or catalog in effect at the time the dealer contract is canceled or discontinued or, for purposes of Section 22905, the price list or catalog in effect at the time the repair parts were ordered. “Current parts price” also means, with respect to superseded repair parts, the price listed in the supplier’s price list or catalog in effect at the time the dealer contract is canceled or discontinued for the part that performs the same function and purpose as the superseded part, but is simply listed under a different part number. (e) “Current net parts cost” means the current parts price less any trade or cash discounts typically given to the dealer with respect to that dealer’s normal, ordinary course of orders of repair parts. “Current net parts cost” also means, with respect to a warranty, the current parts price of the supplier for the equipment repaired less any trade or cash discounts typically given to the dealer with respect to that dealer’s normal, ordinary course of orders of repair parts. (f) “Dealer” means any person primarily engaged in the retail sale of equipment as defined in subdivision (j). For the purposes of this act, “dealer” does not include a “franchisee” as defined in Section 331.1 of the Vehicle Code or a “new motor vehicle dealer” as defined in Section 426 of the Vehicle Code. (g) “Dealer contract” means either an oral or written contract, agreement, or arrangement for a definite or indefinite period between a dealer and a supplier that provides for the rights and obligations of the parties with respect to the purchase or sale of equipment or repair parts. (h) “Dealership” means the retail sale business engaged in by a dealer under a dealer contract. (i) “Demonstrator” means equipment in a dealer’s inventory that has not been sold, but has had its usage demonstrated to potential customers, either without charge or pursuant to a short-term rental agreement, with the intent of encouraging the potential customer to purchase the equipment. (j) (1) “Equipment” means all-terrain vehicles and other machinery, equipment, implements, or attachments used for, or in connection with, any of the following purposes: (A) Lawn, garden, golf course, landscaping, or grounds maintenance. (B) Planting, cultivating, irrigating, harvesting, and producing agricultural or forestry products. (C) Raising, feeding, or tending to, or harvesting products from, livestock and any other activity in connection with those activities. (D) Industrial, construction, maintenance, mining, or utility activities or applications, including, but not limited to, material handling equipment. (2) Self-propelled vehicles designed primarily for the transportation of persons or property on a street or highway are specifically excluded from the definition of equipment. (k) “Family member” means a spouse, parent, sibling, child, son-in-law, daughter-in-law, and lineal descendant, including those by adoption. (l) “Good cause” means failure by a dealer to comply with the requirements imposed on the dealer by the dealer contract, if those requirements are not different from those requirements imposed on other similarly situated dealers in this state. (m) “Index” means the United States Department of Labor, Bureau of Labor Statistics purchase price index for construction machinery series identification number pcu333120333120, or any successor index measuring substantially similar information. (n) “Inventory” means equipment, repair parts, data-processing hardware or software, and specialized service or repair parts. (o) “Major shareholder” means a shareholder with 51-percent or greater interest in a dealership. (p) “Manufacturer created incentive program” means a program in which the dealer’s inventory has not been sold but has been used for specialized purposes, including, but not limited to, harvest rental programs, dealer purchase rentals, and short-term rentals. The warranty that is transferred to the consumer upon sale, which shall be disclosed prior to sale, is the manufacturer-provided base warranty, less hours and time used while in a manufacturer created incentive program. (q) “Net equipment cost” means the price the dealer actually paid to the supplier for equipment, plus (1) freight, at truckload rates in effect as of the effective date of the termination of a dealer contract, if freight was paid by the dealer from the supplier’s location to the dealer’s location and (2) reimbursement for labor incurred in preparing the equipment for retail sale or rental, which labor will be reimbursed at the dealer’s standard labor rate charged by the dealer to its customers for nonwarranty repair work; provided, however, if a supplier has established a reasonable setup time, that labor will be reimbursed at an amount equal to the reasonable setup time in effect as of the date of delivery multiplied by the dealer’s standard labor rate. (r) “Person” means an individual, corporation, partnership, limited liability company, trust, or any and all other forms of business entities, including any other entity in which a person has a majority interest or of which a person has control, as well as the individual officers, directors, and other persons in active control of the activities of each entity. (s) “Repair parts” means all parts and products related to the service or repair of equipment, including superseded parts. (t) “Single-line dealer” means a dealer that has (1) purchased construction, industrial, forestry, and mining equipment from a single supplier constituting 75 percent of the dealer’s new equipment, calculated on the basis of net cost; and (2) a total annual average sales volume in excess of forty million dollars ($40,000,000) for the three calendar years immediately preceding the applicable determination date; provided, however, the sales threshold shall be increased each year by an amount equal to the current sales threshold multiplied by the percentage increase in the index from January 1 of the immediately preceding year to January 1 of the current year. (u) “Single-line supplier” means the supplier that is selling the single-line dealer construction, industrial, forestry, and mining equipment constituting 75 percent of the dealer’s new equipment. (v) “Supplier” means any person engaged in the business of manufacturing, assembly, or wholesale distribution of equipment or repair parts. “Supplier” also includes any successor in interest to a supplier, including a purchaser of assets or stock, or a surviving corporation resulting from a merger, liquidation, or reorganization of a supplier. (w) “Terminate” means to terminate, cancel, fail to renew, or materially change the competitive circumstances of a dealer contract. (Amended by Stats. 2006, Ch. 538, Sec. 32. Effective January 1, 2007.)
22902.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A supplier may not use dealer contracts or supply practices to coerce dealers, block sales or transfers, discriminate in pricing or order fulfillment, or impose unfair renewal conditions.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22902. It shall be a violation of this chapter for a supplier to take any of the following actions: (a) To coerce or compel any dealer to order or accept delivery of any equipment or parts that the dealer has not voluntarily ordered, except as required by any applicable law or unless the equipment or repair parts are safety features required by the supplier. (b) To coerce or compel any dealer to enter into any contract, whether written or oral, or amend an existing dealer contract with the supplier, unless the contract or amendment is imposed on all other similarly situated dealers in the state. (c) To refuse to deliver to any dealer in reasonable quantities and within a reasonable time after receipt of the dealer’s order, equipment covered by the dealer contract specifically advertised or represented by the supplier to be available for immediate delivery or on an agreed-upon delivery date. The failure to deliver the equipment shall not be considered a violation of this act if the failure is due to reasonable restrictions on extension of credit by the supplier to the dealer, any breach of or default under the contract by the dealer, an act of God, work stoppage or delay due to a strike or labor difficulty, a bona fide shortage of materials, freight embargo, or a business decision by the supplier to limit the production volume of the equipment and written notice is provided to the dealer within 30 days of that decision or other cause over which the supplier has no control. (d) To terminate, cancel, or fail to renew a dealer contract or materially change the competitive circumstances of the dealer contract without good cause. (e) To require as a condition of renewal or extension of a dealer contract that the dealer complete substantial renovation of the dealer’s place of business or acquire new or additional space to serve as the dealer’s place of business, unless the supplier provides at least one year’s written notice of the condition that states all grounds supporting the condition. The supplier shall provide not less than two years for the dealer to complete the renovation or acquisition after the one year’s notice period has expired. (f) To discriminate, directly or indirectly, in prices charged between different dealers with respect to purchases of equipment or repair parts of like grade and quality and identical brand, where the effect of that discrimination may be to substantially lessen competition, tend to create a monopoly in any line of commerce, or injure, destroy, or prevent competition with any dealer who either grants or knowingly receives the benefit of the discrimination. However, different prices may be charged if (1) the differences are due to differences in the cost of manufacture, sale or delivery of the equipment or repair parts, or (2) the supplier can show that its lower price was made in good faith to meet an equally low price of a competitor and the lower price was made available to other dealers, or (3) the differences are related to the volume of equipment purchased by dealers if the supplier offers all other similarly situated dealers the same volume program. (g) To prevent, by contract or otherwise, any dealer from changing its capital structure, ownership, or the means by which the dealership is financed, provided the dealer at all times meets any reasonable capital standards imposed by the supplier or as otherwise agreed to between the dealer and the supplier and imposed on similarly situated dealers, and provided this change by the dealer does not result in a change of the controlling interest in the executive management or board of directors, or any guarantors of the dealership. (h) To prevent, by contract or otherwise, any dealer or any officer, member, partner, or stockholder of any dealer from selling or transferring any part of the interest of any of them to any other party or parties. However, no dealer, officer, partner, member, or stockholder shall have the right to sell, transfer, or assign the dealership or power of management or control of the dealership without the written consent of the supplier. (i) To require a dealer to assent to a release, assignment, novation, waiver, or estoppel that would relieve any person from liability imposed by this section. (j) To require any dealer to purchase goods or services as a condition of the sale by the supplier to the dealer of any equipment, repair parts, or other goods or services; except that nothing in this subdivision shall prohibit a supplier from requiring the dealer to purchase repair parts, special tools, and training reasonably necessary to maintain the safe operation or quality of operation in the field of any equipment offered for sale by the dealer. (k) To coerce any dealer into a refusal to purchase equipment manufactured by another supplier. (l) To penalize any dealer that purchases equipment or repair parts for sale manufactured by another supplier. (m) To discriminate, directly or indirectly, between dealers of the same product line in filling an order placed by a dealer for retail sale or lease of equipment under a dealer contract. (Amended by Stats. 2005, Ch. 712, Sec. 4. Effective October 7, 2005.)
22902.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section says dealer contract terms cannot be used to require minimum price-fixing or other provisions that limit competition, but exclusive territorial rights provisions are not prohibited.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22902.5. Nothing in this chapter permits the offering or enforcement of a provision in a dealer contract that requires a dealer to comply with a minimum price-fixing provision or any other provision to limit competition. For purposes of this chapter, a provision in a dealer contract providing for exclusive territorial rights and its corresponding provisions shall not be prohibited. (Added by Stats. 2005, Ch. 712, Sec. 5. Effective October 7, 2005.)
22903.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section limits when a supplier may end or change a dealer contract, and it requires advance written notice and a chance to cure in some cases.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22903. (a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a single-line supplier. (b) Except where there are grounds for termination of a dealer contract pursuant to paragraph (1), (2), (3), (4), (5), (6), (7), or (8) of subdivision (c), a supplier shall give a dealer 180 days written notice of the supplier’s intent to terminate a dealer contract. The notice shall include all reasons constituting good cause for the termination and shall provide the dealer with 60 days to cure any claimed deficiency. If the deficiency is cured within 60 days to the satisfaction of the supplier, which shall be determined in good faith, the notice of termination shall be void. Except as provided in subdivision (d), a supplier may not terminate a dealer contract based on paragraph (12) of subdivision (c) unless the supplier gives the dealer notice of that action at least one year before the effective date of that action. If the dealer achieves the supplier’s requirements for reasonable standards or performance objectives before the expiration of the one-year notice period, the notice shall be void and the dealer contract shall continue in full force and effect. (c) No supplier, directly or through an officer, agent, or employee, may terminate, cancel, fail to renew, or materially change the competitive circumstances of a dealer contract without good cause. In addition to the definition in subdivision (l) of Section 22901, good cause exists whenever the dealer has taken any of the following actions: (1) Transferred a controlling ownership interest in the dealership without the consent of the supplier, who shall not withhold consent unreasonably. (2) Made a material misrepresentation or falsification of any record. (3) Filed a voluntary petition in bankruptcy or has had an involuntary petition in bankruptcy filed against the dealer that has not been dismissed within 60 days after the filing or is insolvent or in receivership. (4) Pleaded guilty to or has been convicted of a felony involving an act of moral turpitude. (5) Failed to operate in the normal course of business for seven consecutive business days, without the consent of the supplier, or has terminated the business. (6) Relocated or established a new or additional dealer’s place of business without the supplier’s consent. (7) Materially defaulted under any chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation of any guarantee of the dealer’s present or future obligations to the supplier. However, good cause does not exist if a person revokes any guarantee in connection with or following the transfer of that person’s entire ownership interest in the dealer unless the supplier requires that person to execute a new guarantee of the dealer’s present or future obligations in connection with that transfer of ownership interest. (8) Failed to satisfy any payment obligation as it became due and payable to the supplier, failed to promptly account to the supplier for any proceeds from the sale of equipment, or failed to hold those proceeds in trust for the benefit of the supplier. (9) Engaged in conduct that is injurious or detrimental to any of the following: (A) The dealer’s customers. This includes, but is not limited to, the following conduct: excessive pricing, misleading advertising, failure to provide service and replacement parts, and failure to perform warranty obligations. (B) The public welfare. (C) The representation or reputation of the supplier’s product. (10) Consistently failed to meet building and housekeeping requirements, or failed to provide adequate sales, service, or parts personnel commensurate with the dealer contract. (11) Consistently failed to comply with the applicable licensing laws pertaining to the products and services being represented for and on the supplier’s behalf. (12) Consistently failed to meet and maintain the supplier’s requirements for reasonable standards and performance objectives, if the supplier has given the dealer reasonable standards and performance objectives that are based on the manufacturer’s experience in other comparable market areas. (d) Notwithstanding subdivision (c), if the sales, service, rental, and repair of a supplier’s product represents the lesser of 10 percent or three hundred fifty thousand dollars ($350,000) of the dealer’s total gross annual revenue that includes, but is not limited to, the sales, service, rental, or repair, for each dealer location, the supplier may terminate a dealer contract based on paragraph (12) of subdivision (c) upon providing the dealer with notice of that action at least 180 days before the effective date of that action. If the dealer achieves the supplier’s requirements for reasonable standards or performance objectives within 60 days of receipt of the termination notice, the notice shall be void and the dealer contract shall continue in full force and effect. (e) Notwithstanding a dealer contract that provides for exclusivity during the term of the contract, a supplier may begin contract negotiations with a potential replacement dealer 60 days prior to the expiration of the notice period that has been provided pursuant to subdivisions (b) or (d) if the dealer failed to achieve the supplier’s requirements for reasonable standards or performance objectives within 60 days of receipt of the termination notice. Nothing in this subdivision shall authorize a replacement dealer to conduct operations with a supplier during the term of a dealer contract. (Amended by Stats. 2009, Ch. 500, Sec. 8. (AB 1059) Effective January 1, 2010.)
22903.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section limits how certain suppliers can approve or deny dealer transfer requests and deals with succession after a dealer’s death.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22903.1. (a) This section shall only apply to a dealer contract between a dealer who is not a single-line dealer and a supplier who is not a single-line supplier. (b) If a supplier has contractual authority to approve or deny a request for a sale or transfer of a dealer’s business or an equity ownership interest in the business, the supplier shall approve or deny the request within 60 days after receiving a written request from the dealer. If the supplier has neither approved nor denied the request within the 60-day period, the request shall be deemed approved. The dealer’s request shall include reasonable financial information, personal background, character references, and work history information for the acquiring persons. If a supplier denies a request made pursuant to this section, the supplier shall provide the dealer with a written notice of that denial that states the reasons for the denial. A supplier may only deny a request based on the failure of the proposed transferees to meet the reasonable requirements consistently imposed by the supplier in determining approval of transfers or approvals of new dealers. (c) If a dealer dies and the supplier has contractual authority to approve or deny a request for the sale or transfer of the dealer’s business or an equity ownership interest in the business, the dealer’s estate or other person with authority to transfer the dealer’s assets shall have 180 days to submit to the supplier a written request for a sale or transfer of that business or equity ownership interest. If the request is timely submitted, the supplier shall approve or deny that request in accordance with subdivision (b). Notwithstanding any contrary provision of this chapter, any attempt by a supplier to terminate the dealer contract as a result of the death of a dealer shall be delayed until there has been compliance with the terms of this section or the 180-day period has expired, as applicable. (d) Notwithstanding subdivision (c), if a supplier and dealer executed an agreement concerning succession rights prior to the dealer’s death, and if the agreement is still in effect, the agreement shall be observed even if it designated someone other than the surviving spouse or heirs of the decedent as the successor. (e) A supplier may withhold consent to a transfer of an interest in a dealership if, with due regard to regional market conditions and distribution economies, the dealer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support a dealer. In any dispute between a supplier and dealer under this subdivision, the supplier shall bear the burden of proving that the dealer’s area of responsibility or trade area does not afford sufficient sales potential to reasonably support a dealer. (Added by Stats. 2005, Ch. 712, Sec. 7. Effective October 7, 2005.)
22903.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section limits its scope to certain dealer contracts and bars a supplier from terminating one without good cause.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22903.2. (a) This section shall only apply to dealer contracts between a single-line dealer and its single-line supplier. (b) No supplier may terminate a dealer contract without good cause. In addition to the definition in subdivision (l) of Section 22901, good cause exists whenever any one of the following is applicable: (1) There has been a closeout or sale of 65 percent or more of the dealer’s assets related to the equipment business or there has been a commencement of a dissolution or liquidation of the dealer. (2) The dealer has changed its principal place of business or added additional locations without prior approval of the supplier, which shall not be unreasonably withheld. (3) The dealer has materially defaulted under a chattel mortgage or other security agreement between the dealer and the supplier, or there has been a revocation or discontinuance of a guarantee of a present or future obligation of the dealer to the supplier. (4) The dealer has failed to operate in the normal course of business for seven consecutive days, without the consent of the supplier, or has otherwise abandoned the business. (5) The dealer has pleaded guilty to or has been convicted of a felony involving an act of moral turpitude. (6) The dealer has transferred an interest in the dealership, or a person with a substantial interest in the ownership or control of the dealership, including an individual, proprietor, partner or major shareholder, has withdrawn from the dealership or died, or a substantial reduction has occurred in the interest of a partner or major shareholder in the dealership. However, good cause does not exist if the supplier has consented to an action described in this paragraph. (c) Except as otherwise provided in this subdivision, a supplier shall provide a dealer with at least 90 days written notice of termination. The notice shall state all reasons constituting good cause for termination and shall state that the dealer has 60 days in which to cure any claimed deficiency. If the deficiency is cured within 60 days, the notice shall be void. Notwithstanding the foregoing, if the good cause for termination is due to the dealer’s failure to meet or maintain the supplier’s requirements for market penetration, a reasonable period of time shall have existed where the supplier has worked with the dealer to gain the desired market share. The notice and right to cure provisions under this subdivision shall not apply if the reason for termination is for any reason set forth in subdivision (b). (d) If a dealer dies, a supplier shall have 90 days in which to consider and make a determination on a request by a family member to enter into a new dealer contract to operate the dealership. If the supplier determines that the requesting family member is not acceptable, the supplier shall provide the family member with a written notice of its determination with the stated reasons for rejection. This section does not entitle an heir, personal representative, or family member to operate a dealership without specific written consent of the supplier. (e) Notwithstanding subdivision (d), if a supplier and dealer have previously executed an agreement concerning succession rights prior to the dealer’s death, and if that agreement is still in effect, the agreement shall be observed even if it designated someone other than the surviving spouse or heirs of the decedent as the successor. (f) For purposes of this section, dealer assets shall not include land or buildings. (Added by Stats. 2005, Ch. 712, Sec. 8. Effective October 7, 2005.)
22903.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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Suppliers must decide dealer warranty claims quickly, pay approved claims promptly, give reasons for rejections, and reimburse warranty labor and parts under the stated formula.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22903.3. (a) If a dealer submits a warranty claim to a supplier while the dealer contract is in effect or within 60 days after the termination of the dealer contract, and if the claim is for work performed before the termination or expiration of the dealer contract, the supplier shall approve or reject that warranty claim by written notice to the dealer within 45 days after the supplier’s receipt of the warranty claim. If the supplier approves the warranty claim, the supplier shall pay the dealer or credit the dealer’s account the entire amount owed with respect to the claim within 30 days of approval. If the supplier rejects the warranty claim, the supplier shall give the dealer written or electronic notice of the grounds for rejection. These reasons must be consistent with the supplier’s reason for rejecting the warranty claims of other dealers, both in terms and manner of enforcement. If the supplier does not provide the dealer with grounds for rejection, the claim shall be deemed to be approved. (b) Any claim that is not approved by the supplier based upon the dealer’s failure to properly follow the procedural or technical requirements for submission of the warranty claim may be resubmitted in proper form by the dealer within 30 days of receipt of the supplier’s rejection notification. (c) Warranty work performed by the dealer shall be compensated in accordance with the reasonable and customary amount of time required to complete the work, expressed in hours and fractions multiplied by the dealer’s established customer hourly retail labor rate, which shall have previously been made known to the supplier. Parts used in warranty repair work shall be reimbursed at the current net parts cost plus 15 percent and the cost of freight. For purposes of this subdivision, “established customer hourly retail labor rate” means the lowest posted customer in-shop retail labor rate for the six months preceding the claim. (d) For the purpose of this act, any repair work or installation of replacement parts with respect to the dealer’s equipment in inventory or equipment of the dealer’s customers at the request of the supplier, including work performed pursuant to a product improvement program, shall be deemed to create a warranty claim for which the dealer shall be paid pursuant to this section. (e) A supplier may audit warranty claims submitted by its dealers for a period of up to one year. If the audit reveals an amount was misrepresented by the supplier, the supplier may charge its dealers the amount shown by the audit to be misrepresented. If a warranty claim is misrepresented, then subsequent warranty claims submitted within the two-year period ending with the date of the audit may be audited. However, a supplier shall not audit a warranty claim more than once. (f) The requirements of subdivisions (a), (b), and (c) apply to all warranty claims submitted by a dealer to a supplier where the dealer has complied with the supplier’s reasonable written policies and procedures for warranty reimbursement. A supplier’s warranty reimbursement policies and procedures shall be deemed unreasonable to the extent they conflict with any of the provisions of this section. (g) A dealer may choose to accept alternate reimbursement terms and conditions instead of the requirements of subdivisions (a), (b), and (c) if there is a written dealer contract between the supplier and the dealer that requires the supplier to compensate the dealer for warranty labor costs either as: (1) a discount in the pricing of the equipment to the dealer; or (2) a lump-sum payment to the dealer that is made to the dealer within 90 days of the sale of the supplier’s new equipment. If the requirements of this subdivision are met and alternate terms and conditions are in place, subdivisions (a), (b), and (c) do not apply and the alternate terms and conditions are enforceable. Nothing contained in this subdivision shall be deemed to affect the supplier’s obligation to reimburse the dealer for parts in accordance with subdivision (c). (h) If a supplier fails or refuses to pay for warranty work covered under this section within 30 days of the supplier’s approval of the dealer’s claim, the supplier shall be liable for 110 percent of the total claim, plus interest at the statutory rate from the payment due date until the date of payment, and actual costs for any court or arbitration proceeding, including costs for attorney’s fees and arbitrators. (Added by Stats. 2005, Ch. 712, Sec. 9. Effective October 7, 2005.)
22904.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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Suppliers must give dealers an annual chance to return surplus parts for credit, with deadlines, quantity limits, and minimum credit rules.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22904. Every supplier shall provide to its dealers, on an annual basis, an opportunity to return a portion of their surplus parts inventory for credit. The surplus procedure shall be administered as follows: (a) The supplier may notify its dealers of a time period, of at least 90 days’ duration, during which time dealers may submit their surplus parts list and return their surplus parts to the supplier. A supplier may choose to designate a different period of time for each dealer to return surplus parts. (b) If a supplier has not notified a dealer of a specific time period for returning surplus parts within the preceding 12 months, then it shall authorize and allow the dealer’s surplus parts return request within 60 days after receipt of that request from the dealer. (c) Pursuant to the provisions of this section, a supplier shall allow surplus parts return authority on a dollar value of parts equal to 10 percent of the total dollar value of parts purchased by the dealer from the supplier during the 12-month period immediately preceding the notification to the dealer by the supplier of the surplus parts return program, or the month the dealer’s return request is made, whichever is applicable. (d) Returned parts shall be in new and unused condition and shall have been purchased by the dealer from the supplier to whom they are returned. Obsolete and superseded parts may be returned if listed in the supplier’s current returnable parts list or if those parts have not been the subject of a supplier’s return program at the date of the notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable. (e) The minimum lawful credit to be allowed for returned parts shall be 95 percent of the current net parts cost, as listed in the supplier’s current returnable parts list at the date of the notification to the dealer by the supplier of the surplus parts return program, or the date of the dealer’s parts return request, whichever is applicable. (f) The annual parts return provided for in this section may be waived by a dealer. (g) If an outstanding balance is owed to the supplier, the supplier may credit the dealer’s account within 30 days after the supplier’s receipt of the dealer’s returned parts. If no balance exists, the supplier shall pay the dealer within 30 days after the supplier’s receipt of the dealer’s returned parts. If a supplier refuses to credit the dealer’s account or pay the dealer for returned parts covered by this section within 30 days of the supplier’s receipt of returned parts, the supplier shall be liable for 110 percent of the total current net parts cost, plus interest at the statutory rate from the payment due date until the date of payment, and actual costs for any court or arbitration proceeding, including costs for attorney’s fees and arbitrators. (Amended by Stats. 2005, Ch. 712, Sec. 10. Effective October 7, 2005.)
22905.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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When a dealer contract ends by cancellation or nonrenewal, the supplier must repurchase covered inventory and pay specified percentages for certain hardware, equipment, and parts, subject to listed exceptions.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22905. Except as provided in subdivision (p), whenever a dealer contract is terminated by cancellation or nonrenewal, the supplier shall repurchase the inventory as provided in this section. (a) The supplier shall repurchase at its fair market value or assume the lease responsibilities of any specific data-processing hardware that the supplier required the dealer to purchase to satisfy the minimum requirements of the dealer contract, including computer systems equipment required and approved by the supplier to communicate with the supplier. The fair market value of property subject to repurchase shall be deemed to be equal to the acquisition cost, including any shipping, handling and set-up fees, less straight line depreciation of that acquisition cost over three years. If the dealer purchased data-processing hardware or software that exceeded the supplier’s minimum requirements, the acquisition cost of that data-processing hardware or software shall be deemed to be the acquisition cost of hardware or software of similar quality that did not exceed the minimum requirements of the supplier. (b) The supplier shall pay a sum equal to 100 percent of the net equipment cost of all new, unsold, undamaged, and complete equipment. (c) The supplier shall pay a sum equal to 100 percent of the net equipment cost of all unsold, undamaged demonstrators, less depreciation due to usage of those demonstrators. The depreciation adjustment shall be based on published industry rental rates to the extent those rates are available. For purposes of this subdivision, demonstrators, with hour meters that have less than 50 hours of use shall be considered new, unsold equipment subject to repurchase under this section. (d) The supplier shall pay a sum equal to 100 percent of the net equipment cost of all unsold and undamaged equipment used in a manufacturer created incentive program, as defined in subdivision (p) of Section 22901, less depreciation due to usage and bonus or volume incentive received by the dealer for the equipment. The depreciation adjustment shall be based on published industry rental rates to the extent these rates are available. For purposes of this subdivision, equipment with hour meters used in a manufacturer created incentive program with less than 50 hours of use will be considered new, unsold equipment subject to repurchase under this section. (e) The supplier shall pay a sum equal to 95 percent of the current net parts costs on new, unsold, undamaged repair parts that had previously been purchased from the supplier and held by the dealer on the date that the dealer contract terminates or expires. (f) The supplier shall also pay the dealer 5 percent of the current net parts cost on all new, unused, and undamaged repair parts returned, to cover the cost of handling, packing, and loading of those parts for return to the supplier. The dealer may allow the supplier to perform the handling, packing, and loading of parts instead of receiving the 5 percent payment for these services. When the supplier is chosen to perform these services, the dealer shall make available to the supplier, at the dealer’s address or at the places at which it is located, all equipment previously purchased by the dealer. (g) The supplier shall pay a sum equal to 75 percent of the net equipment cost, including shipping, handling and set-up fees, of all specialized equipment or repair tools previously purchased pursuant to requirements of the supplier prior to the date of the applicable notification of termination or nonrenewal of the dealer contract. The specialized equipment or repair tools must be unique to the supplier’s product line and must be complete and in operating condition. (h) Upon the payment or allowance of credit to the dealer’s account of the sums required by this section, the title to all inventory purchased shall pass to the supplier making payment, and the supplier shall be entitled to the possession of the inventory. All payments or allowances of credit due to dealers shall be paid or credited within 90 days after receipt by the supplier of property required to be repurchased. Any payments or allowances of credit due to dealers that are not paid within the 90-day period will accrue interest at the statutory rate. The supplier may withhold payments due under this section during the period of time in which the dealer fails to comply with its contractual obligations to remove any signage indicating that the dealer is an authorized dealer of the supplier. (i) The supplier and dealer shall each pay 50 percent of the costs of freight to ship equipment to the nearest retail outlet or to ship repair parts to the nearest supplier distribution center. (j) The provisions of this section shall not require the repurchase from the dealer of any of the following: (1) Any repair part that is in a broken or damaged package. However, the supplier shall be required to repurchase a repair part in a broken or damaged package, for a repurchase price that is equal to 85 percent of the current net parts cost for the repair part, if the aggregate current price for the entire package of repair parts is seventy-five dollars ($75) or higher. (2) Any repair part that, because of its condition, is not resalable as a new part without reconditioning. (3) Any inventory for which the dealer is unable to furnish evidence, satisfactory to the supplier, of clear title, free and clear of all claims, liens and encumbrances. (4) Any inventory that the dealer desires to keep if the dealer has a contractual right to do so. (5) Any equipment or repair parts that are not in new, unsold, undamaged, complete condition; subject to the provisions of this act relating to demonstrators. (6) Any equipment or repair parts acquired by the dealer from any source other than the supplier unless that equipment or those repair parts were ordered from, or invoiced to, the dealer by the supplier. (7) Any equipment or repair parts that are not returned to the supplier within 90 days after the latter of (A) the effective date of termination of a dealer contract or (B) the date the dealer receives from the supplier all information, documents or supporting materials required by the supplier to comply with the supplier’s return policy. However, this paragraph shall not be applicable to a dealer if the supplier did not give the dealer notice of the 90-day deadline at the time the applicable notice of termination was sent to the dealer. (k) If any supplier fails or refuses to repurchase any inventory covered under this section within 90 days after termination of a dealer contract, the supplier shall be liable for the total amount of 110 percent of the current net equipment cost of the inventory, plus any freight charges paid by the dealer, interest accrued at the statutory rate from the date of shipment to the supplier until the date of payment, 5 percent for handling, packing, and loading, and actual costs for any court or arbitration proceedings, including costs for attorney’s fees and arbitrators. (l) Notwithstanding any provision to the contrary in the Commercial Code, the dealer shall retain a first and prior lien against all inventory returned by the dealer to the supplier under this act until the dealer has paid all amounts owed by the supplier for the repurchase of inventory required under this act. (m) This section shall not be construed to affect any security interest that the supplier may have in the inventory of the dealer, and any repurchase shall not be subject to the provisions of the bulk sales law or to the claims of any secured or unsecured creditors of the supplier or any assignee of the supplier until such time as the dealer has received full payment or credit. (n) The dealer may not cancel a dealer contract to avoid a payment obligation to the supplier for equipment or parts. (o) If a dealer has more than one business location covered by the same dealer contract, the repurchase requirements of this section shall apply only to the repurchase of a dealer’s inventory obtained from the supplier or the supplier’s distributor by the particular business location or locations involved in the dealer contract termination and shall not apply to any other business locations covered by the same contract. (p) If a supplier’s product represents the lesser of 10 percent or three hundred fifty thousand dollars ($350,000) of the dealer’s total gross annual revenue that includes, but is not limited to, the sales, service, rental, or repair for each dealer location, then the supplier shall repurchase the inventory only if a dealer contract is canceled or not renewed by the dealer for any of the following reasons: (1) The supplier consistently failed to provide adequate product support for the type and use of the product, which includes, but is not limited to, technical assistance, operators and repair manuals, and parts lists and diagrams. (2) The supplier consistently failed to provide adequate training, required by the supplier, for maintenance, repair, or usage of the supplier’s product. (3) The supplier consistently failed to provide marketing and marketing support for the supplier’s product if marketing is a requirement of the dealer contract. (4) The supplier’s product is defective and breaches the implied warranty of merchantability as defined in Section 1791.1 of the Civil Code. (5) The supplier consistently failed to meet its warranty obligations to the dealer. (6) The supplier abandons the market thereby failing to provide parts and services necessary for a dealer to perform warranty obligations. (7) The supplier engaged in conduct that is injurious or detrimental to the dealer’s customers, the public welfare, or the reputation of the dealer. (8) The supplier made a material misrepresentation or falsification of any record. (9) The supplier violated any provision of this chapter. (q) Notwithstanding subdivision (p), nothing in this section shall be construed to limit the supplier’s responsibility to repurchase a dealer’s inventory as provided in this section when the supplier cancels or fails to renew a dealer contract. (Amended by Stats. 2005, Ch. 712, Sec. 11. Effective October 7, 2005.)
22906.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A dealer cannot establish a lien under this act unless it first sends the lien debtor a certified-mail written notice with specified information.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22906. (a) A dealer, as defined in subdivision (f) of Section 22901, is not entitled to establish a lien pursuant to this act, unless that person has first sent to the lien debtor a written notice, by certified mail, which states all of the following: (1) The payment of the reasonable or agreed charges is more than 90 days overdue. This requirement does not apply to equipment subject to repurchase that was returned to the supplier subsequent to return of other equipment also subject to repurchase for which payment is overdue. (2) The amount of reasonable or agreed charges that are overdue. (3) The lien debtor has the following three alternatives: (A) Allow the lien to be filed. (B) Enter into a consensual security interest in the proceeds, pursuant to the Commercial Code. (C) Pay the reasonable or agreed charges that are overdue. (4) The lien debtor has 10 days from receipt of the notice to select an alternative, notify the lien claimant of the alternative selected, and satisfy all of the requirements of the selected alternative. This part of the notice to the lien debtor shall be in 10-point type or bolder. (5) The lien claimant may file the notice of claim of lien pursuant to this chapter at any time thereafter if the lien debtor does not comply with the requirements of this section. (b) A dealer who has complied with subdivision (a), has a lien for payment of the repurchase amount payable pursuant to subdivisions (b), (c), (d), (e), and (f) of Section 22905 and for the costs of enforcing the lien. (c) The lien established pursuant to this chapter attaches to the proceeds of any sale of the equipment returned for repurchase. (d) The amount of charges secured by the lien shall not exceed an amount equal to the reasonable or agreed charges for the equipment specified in Section 22905. (Amended by Stats. 2005, Ch. 712, Sec. 12. Effective October 7, 2005.)
22907.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A notice of lien stays in effect, and no new notice of claim of lien is needed, while the dealer is still unpaid, unless this act says otherwise.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22907. Except as otherwise provided in this act, the notice of lien shall remain in effect, and no new notice of claim of lien shall be required in order to maintain the lien, as long as the dealer remains unpaid for the amounts secured by the lien. (Amended by Stats. 2005, Ch. 712, Sec. 13. Effective October 7, 2005.)
22908.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lien created by this act becomes perfected and effective when a notice claim of lien is filed with the Secretary of State.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22908. The lien created by this act shall be perfected and shall be effective upon the filing of a notice claim of lien with the Secretary of State. (Amended by Stats. 2005, Ch. 712, Sec. 14. Effective October 7, 2005.)
22909.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A notice of claim of lien must include specified names, addresses, property location, overdue-charge statements, and a signed perjury statement.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22909. The notice of claim of lien shall contain all of the following information: (a) The name and address of the lien claimant. (b) The name and address of the lien debtor. (c) The location of the property to which the equipment was returned. (d) A statement that the payment of reasonable or agreed charges is more than 90 days overdue. (e) The amount of the reasonable or agreed charges that are overdue. (f) A statement, signed under penalty of perjury, that includes all of the following: (1) That the lien claimant sent to the lien debtor the notice required pursuant to subdivision (a) of Section 22906. (2) That more than 10 days have elapsed since the notice was received by the lien debtor. (3) That the lien debtor has not complied with the requirements of subdivision (a) of Section 22906. (g) A statement that the lien claimant has an equipment repurchase lien pursuant to Section 22906. (Amended by Stats. 2005, Ch. 712, Sec. 15. Effective October 7, 2005.)
2291.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A licensee who is not a board member or authorized board official may not sign, issue, or cause to be signed or issued any certificate authorized by this chapter.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2291. It is unprofessional conduct for any licensee not a member or authorized official of the board, or of the California Board of Podiatric Medicine in the case of a doctor of podiatric medicine, to sign or issue or cause to be signed or issued any certificate authorized by this chapter. (Amended by Stats. 1986, Ch. 655, Sec. 5.)
22910.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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The notice of claim of lien must be signed by the lien claimant or someone authorized by the claimant.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22910. The notice of claim of lien shall be signed by the lien claimant or by a person authorized by the claimant. (Amended by Stats. 2005, Ch. 712, Sec. 16. Effective October 7, 2005.)
22911.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A notice of a claim of lien must be filed on the Secretary of State’s prescribed form, and the form must be completed with the listed exceptions.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22911. The notice of a claim of lien shall be filed on a form prescribed by the Secretary of State pursuant to Section 9502 of the Commercial Code. The standard form shall be completed in its entirety except as follows: (a) The lien claimant may be identified either as a lien claimant or as a secured party. (b) The form shall be signed by the lien claimant and need not be signed by the lien debtor. (c) The description of the collateral shall be the information specified in subdivisions (c), (d), (e), and (g) of Section 22909. (d) Attached to the form shall be a separately signed statement containing the information specified in subdivision (f) of Section 22909. (Amended by Stats. 2005, Ch. 712, Sec. 17. Effective October 7, 2005.)
22912.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A notice of claim of lien must be filed, indexed, and marked in the Secretary of State’s office the same way a financing statement is handled.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22912. The notice of claim of lien shall be filed, indexed, and marked in the office of the Secretary of State in the same manner as a financing statement is filed, indexed, and marked pursuant to Sections 9516 and 9519 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 1.2. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
22913.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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The lien claimant must give the lien debtor written notice of the lien claim within 10 days after filing the lien with the Secretary of State.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22913. The lien claimant shall provide written notice of the claim of lien to the lien debtor within 10 days of the date of filing the lien with the Secretary of State. (Amended by Stats. 2005, Ch. 712, Sec. 18. Effective October 7, 2005.)
22914.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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The Secretary of State must treat a notice under this article as a financing statement for certain indexing and certificate purposes.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22914. For the purpose of the Secretary of State’s index pursuant to Sections 9516 and 9519 of the Commercial Code and for the purpose of the issuance of a certificate pursuant to Section 9523 or 9528 of the Commercial Code, the Secretary of State shall identify a notice pursuant to this article as a financing statement. (Amended by Stats. 1999, Ch. 991, Sec. 1.3. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
22915.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lien created under this act is prioritized by the filing date of the notice of claim of lien with the Secretary of State, but it does not outrank certain wage and salary labor claims.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22915. The lien created pursuant to this act shall be treated according to the following: (a) Have priority in accordance with the time the notice of claim of lien is filed with the Secretary of State. (b) Have the same priority as a security interest perfected by the filing of a financing statement as of the date of notice of claim of lien was filed with the Secretary of State. (c) Not have priority over labor claims for wages and salaries for personal services that are provided by any employee to any lien debtor in connection with the equipment supplied, the proceeds of which are subject to the lien. (Amended by Stats. 2006, Ch. 538, Sec. 33. Effective January 1, 2007.)
22916.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A member of the public may get a certificate from the Secretary of State showing whether a lien or notice of claim of lien is on file, and the certificate includes filing dates, times, and lienholder names and addresses if applicable.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22916. A member of the public may obtain a certificate from the Secretary of State identifying whether there is a lien on file and any notice of claim of lien naming a particular debtor, and if so, giving the date and time of the filing of each notice, and the names and addresses of each lienholder in the certificate. The fee for the certificate is the same as the fee for the certificate issued pursuant to Section 9523 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 1.4. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
22917.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A member of the public may get a copy of an equipment repurchase lien notice, and the copy fee must match the fee set in Commercial Code Section 9525.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22917. A member of the public may obtain a copy of any notice of an equipment repurchase lien, including notices affecting the notices from the Secretary of State. The fee for these copies shall be the same as that prescribed in Section 9525 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 1.5. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
22918.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lien claimant must give written notice to secured creditors at least 30 days before enforcing the lien claim.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22918. The lien claimant shall provide written notice to secured creditors at least 30 days prior to enforcing the claim of lien. For purposes of this section, “secured creditors” means any entity named as a secured party in the financing statement filed with regard to the debtor and which covers returned equipment. (Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)
22919.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lien claimant may foreclose a lien created by this chapter only in an action to recover reasonable or agreed charges.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22919. The lien claimant shall foreclose on a lien created by this chapter only in an action to recover the reasonable or agreed charges. The final judgment shall be enforced pursuant to Title 9 (commencing with Section 680.010) of Part 2 of the Code of Civil Procedure. (Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)
2292.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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A licensee may be ordered to take a professional competency exam if reasonable cause exists after expert review, and the physician has hearing and representation rights.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2292. (a) A licensee may be ordered to undergo a professional competency examination if, after investigation and review by a medical expert designated by the division or the Board of Podiatric Medicine, as applicable, there is reasonable cause to believe that the licensee is unable to practice medicine with reasonable skill and safety to patients. Reasonable cause shall be demonstrated by one or more of the following: (1) a single incident of gross negligence; (2) a pattern of inappropriate prescribing; (3) an act of incompetence or negligence causing death or serious bodily injury; or (4) a pattern of substandard care. (b) The results of a competency examination shall be admissible as direct evidence and may be considered relevant in any subsequent disciplinary or interim proceeding against the licensee taking it, and, assuming it is determined to be relevant, shall be considered together with other relevant evidence in making a final determination. (c) Upon referral from the division, the matter shall be drafted and presented by the Senior Assistant Attorney General of the Health Quality Enforcement Section or his or her designee by way of a written petition detailing the reasonable cause. The petition shall contain all conclusions and facts upon which the presumption of reasonable cause is based. A copy of the petition shall be served on the physician who shall have the opportunity to file written opposition to the petition within 30 days after service. Service of the petition and any orders shall be in accordance with the methods of service authorized by subdivision (c) of Section 11505 of the Government Code. (d) A panel of the division shall review the petition and any opposition paper from the physician, or the panel of the division, or an administrative law judge to whom the petition is assigned by the division, may hold a hearing in accordance with the provisions of the Administrative Procedure Act to determine if reasonable cause exists, as specified in subdivision (a). The physician shall have the right to be represented at that hearing by the person of his or her choice. If the panel of the division or administrative law judge is satisfied that reasonable cause exists as to the circumstances specified in subdivision (a), the division or panel shall issue an order compelling the physician to undergo an examination of professional competency as measured by community standards. For purposes of this section, “community standards” means the statewide standards of the community of licensees. Failure to comply with the order duly served on the physician shall constitute unprofessional conduct for purposes of disciplinary proceedings. (Amended by Stats. 1993, Ch. 1267, Sec. 29. Effective January 1, 1994.)
22920.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lien claimant who is paid in full must send the lien debtor a statement releasing the security interest, and the filing officer must record and index the termination statement.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22920. (a) When a lien claimant receives payment for the total amounts secured by the lien, the lien claimant shall send the lien debtor a statement relinquishing the security interest under the notice of claim of lien, which shall be identified by the date, names of parties thereto, and file number. If the affected lienholder of record fails to send the termination statement within 10 days, he or she is liable to the debtor for all actual damages suffered by the debtor by reason of this failure, and if that failure is in bad faith, for a penalty of one hundred dollars ($100). (b) The filing officer shall mark each termination statement with the date and time of the filing and shall index the statement under the name of the lien debtor and under the file number of the original lien. If the filing officer has an electronic microfilm or other photographic record of the lien and related filings, he or she may remove and destroy the originals from the files after receipt of the termination statement. If the filing officer does not have the record, he or she may remove and destroy the originals from the files after one year from the receipt of the termination statement. (Amended by Stats. 2005, Ch. 712, Sec. 20. Effective October 7, 2005.)
22921.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A lienholder may assign or transfer a lien created under this chapter, and must file a statement of the assignment or transfer with the Secretary of State.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22921. (a) A lien created pursuant to this chapter is assignable or transferable by the holder of the lien, with full rights of enforcement. (b) The lienholder shall file a statement of assignment or transfer with the office of the Secretary of State in the same manner that a statement is filed pursuant to Section 9514 of the Commercial Code. (Amended by Stats. 1999, Ch. 991, Sec. 1.6. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
22922.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section defines key terms for the equipment repurchase lien rules and says the dealer’s right to enforce the lien is controlled by this act, not by Chapter 6 of Division 9 of the Commercial Code.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22922. (a) Except to the extent specifically set forth in this act, the lien created by this act is subject to Division 9 (commencing with Section 9101) of the Commercial Code. (b) For the purposes of this act, the following terms have the following meanings: (1) “Secured party” refers to the dealer, lien creditor, lien claimant, or assignee thereof. (2) “Debtor” refers to the supplier, lien debtor, or debtor. (3) “Collateral” refers to the equipment subject to the lien created under this chapter. (c) A security agreement is not necessary to make an equipment repurchase lien created under this chapter enforceable. (d) An equipment repurchase lien created under this chapter shall not continue in the repurchased equipment following the disposition thereof. (e) The right of a dealer to enforce the lien created under this act shall be governed by this act and shall not be governed by Chapter 6 (commencing with Section 9601) of Division 9 of the Commercial Code. (Amended by Stats. 2005, Ch. 712, Sec. 21. Effective October 7, 2005.)
22923.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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The Secretary of State may adopt regulations needed to carry out duties under this chapter, including forms.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22923. The Secretary of State may adopt any regulations necessary to carry out his or her duties pursuant to this chapter, including prescribing necessary forms. (Added by Stats. 1992, Ch. 1271, Sec. 1. Effective January 1, 1993.)
22924.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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If a dealer dies or becomes incapacitated, the supplier must repurchase the inventory from the estate when the heirs or executor choose to exercise that option.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22924. (a) In the event of the death or incapacity of the dealer, which in this context shall mean an owner, equal or majority partner, or the majority stockholder of a corporation, operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the terms of the deceased dealer’s last will and testament, if the dealer died testate, repurchase the inventory from the estate as if the supplier had terminated the dealer contract and the inventory repurchase provisions of Section 22905 are applicable. The heirs or executor shall have 180 days from the date of the death of the dealer or majority stockholder to exercise the option under this section. However, nothing in this section shall require the repurchase of inventory, if the heirs or executor and the supplier enter into a new dealer agreement, or if a successor to the dealer is established pursuant to subdivision (b) of Section 22903.1. This section shall be subject to that portion of the dealer contract pertaining to death of the dealer or succession, to the extent the contract is not inconsistent. Nothing in this section shall entitle an heir or personal representative of a deceased dealer or majority stockholder to operate the dealership beyond the 180 days provided for in this subdivision without the consent of the supplier. (b) The provisions of this section shall be supplemental to any agreement between the dealer and the supplier covering the return of equipment, attachments, and repair parts. Notwithstanding anything contained in this section, the rights of a supplier to charge back to the dealer’s account amounts previously paid or credited as a discount incident to the dealer’s purchase of inventory shall not be affected. Further, any repurchase shall not be subject to the provisions of the bulk sales law. (Amended by Stats. 2005, Ch. 712, Sec. 22. Effective October 7, 2005.)
22925.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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A dealer may sue a supplier for damages, costs, and reasonable attorney’s fees, and may seek injunctive relief for unlawful termination, cancellation, nonrenewal, or changes in competitive circumstances.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22925. Any dealer may bring an action against a supplier in any court of competent jurisdiction for damages sustained by the dealer as a consequence of the supplier’s violation of any provisions of this chapter, together with costs and reasonable attorney’s fees. The dealer may also be granted injunctive relief against unlawful termination, cancellation, nonrenewal, and change in competitive circumstances. The remedies set forth in this action shall not be deemed exclusive and shall be in addition to any other remedies permitted by law. This section is not intended to affect current law pertaining to product liability actions. (Amended by Stats. 2005, Ch. 712, Sec. 23. Effective October 7, 2005.)
22926.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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If part of this Act is invalid, the rest can still remain effective.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22926. If any provision of this act or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. (Amended by Stats. 2005, Ch. 712, Sec. 24. Effective October 7, 2005.)
22927.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. )
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This section says the act applies to certain dealer contracts, and contract terms requiring out-of-state jurisdiction, venue, forum, or another state’s law are void for claims covered by the act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28. Fair Practices of Equipment Manufacturers, Distributors, Wholesalers, and Dealers Act [22900 - 22927] ( Heading of Chapter 28 amended by Stats. 2005, Ch. 712, Sec. 1. ) ## 22927. This act shall apply to dealer contracts in effect on the effective date of this act that have no expiration date and that are continuing contracts, and all other dealer contracts entered into or renewed on or after the effective date of this act. A provision in any contract or agreement with respect to a supplier that requires jurisdiction or venue or forum outside of this state or requires the application of the laws of another state is void with respect to a claim otherwise enforceable under this act. (Amended by Stats. 2005, Ch. 712, Sec. 25. Effective October 7, 2005.)
22928.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28.5. Intermodal Marine Terminals [22928- 22928.] ( Chapter 28.5 added by Stats. 2005, Ch. 244, Sec. 1. )
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This section limits when intermodal marine container providers and terminal operators may charge or restrict motor carriers over free time, demurrage, detention, and related equipment interchange rights.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 28.5. Intermodal Marine Terminals [22928- 22928.] ( Chapter 28.5 added by Stats. 2005, Ch. 244, Sec. 1. ) ## 22928. (a) The Legislature finds and declares that unilateral termination, suspension, or restriction of equipment interchange rights of a motor carrier shall not result from intermodal marine terminal or intermodal marine container provider actions as specified in subdivision (b). (b) An intermodal marine container provider or intermodal marine terminal operator shall not commence or continue free time or impose per diem, detention, demurrage, extended dwell, or charges of a similar kind or character on a motor carrier, beneficial cargo owner, or other intermediary relative to transactions involving cargo shipped by intermodal transport under any of the following circumstances: (1) When the intermodal marine or terminal truck gate is closed during posted normal working hours. No per diem, detention, or demurrage charges shall be imposed on a holiday, or during a labor disruption period, or during any other period involving an act of God or any other planned or unplanned action that closes the truck gate. (2) When the intermodal marine container provider decides to divert equipment from the original interchange location without 48 hours’ electronic or written notification to the motor carrier. (3) When the intermodal marine terminal is assessed a fine pursuant to Section 40720 of the Health and Safety Code. (4) When the intermodal chassis is out of compliance pursuant to Section 34505.9 of the Vehicle Code or the equipment is placed out of service in such a manner as to result in a per diem, detention, or demurrage charge. (5) When a loaded container is not available for pickup when the motor carrier arrives at the intermodal marine terminal, or the area within the marine terminal containing the cargo or equipment is closed or otherwise inaccessible. (6) When the intermodal marine terminal is too congested to accept the container and turns away the motor carrier. (7) When the motor carrier documents an unsuccessful attempt to make an appointment for either a loaded or empty container transaction at the intermodal marine terminal and no other appointments were available for that transaction within the following windows: (A) For appointment attempts during an intermodal marine terminal’s posted first shift hours, no other appointments were available. (B) For appointment attempts during an intermodal marine terminal’s posted second shift hours, no other appointments were available. (C) If the intermodal marine terminal does not post shift hours, then the window applicable to subparagraph (A) shall be 7:00 a.m. to 4:59 p.m., inclusive, and the window applicable to subparagraph (B) shall be 5:00 p.m. to 3:00 a.m., inclusive. (8) When an intermodal marine container provider or intermodal marine terminal has unilaterally imposed transaction restrictions, such as single or dual transaction, chassis matching, or empty container requirements that prevent a transaction and failed to provide a return location or other conditions that impede the motor carrier’s ability to pick up or terminate intermodal marine containers. (9) When a return or delivery of an intermodal container is delayed because a booked vessel’s receiving date changes. (10) When the obstacle to the cargo retrieval or return of equipment is within the scope of responsibility of the carrier or their agent and beyond the control of the invoiced or contracting party. (c) An intermodal marine container provider shall not take any of the following actions: (1) Charge back, deduct, or offset per diem charges, maintenance and repair charges, or peak hour pricing from a motor carrier’s freight bill. (2) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier or driver that uses the dispute resolution process contained in the Uniform Intermodal Interchange and Facilities Access Agreement to contest a charge, fee, or fine, including a charge for maintenance and repairs imposed by the intermodal marine container provider, while the dispute resolution process is ongoing. (3) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier for late payment of an undisputed invoice from the intermodal marine container provider, provided that the payment is no more than 60 days late. (4) Unilaterally terminate, suspend, or restrict the equipment interchange rights of a motor carrier or driver for parking tickets issued by the intermodal marine terminal unless the tickets remain unpaid more than 60 days after being in receipt of the driver or motor carrier. No parking tickets shall be issued by the intermodal marine terminal to a driver or motor carrier for a parking violation if the assigned spot was occupied and the trouble window or terminal administration was unable to immediately provide a place to park, or if the driver was instructed to park the equipment in a different spot by intermodal marine terminal personnel or security. (5) Willfully attempt to circumvent any provisions of this section or to fail, for any reason other than what is specified in the governing port tariff, to collect demurrage when due and payable and when consistent with this section. A motor carrier shall not be liable for any portion of demurrage when an intermodal container is not picked up during free time. (6) Commence or continue free time if cargo is unavailable for retrieval and timely notice of cargo availability has not been provided. (7) If a loaded container is not made available for pickup when a motor carrier arrives at the intermodal marine terminal, and all current charges have been paid, the intermodal marine terminal operator or intermodal marine container provider shall not impose any further cargo demurrage charges on the motor carrier, beneficial cargo owner, or other intermediary. (d) Any provisions in this section related to acts at intermodal marine terminals shall be applied to acts at satellite facilities. (e) As used in this chapter: (1) “Closed” means that the terminal is not open or available to receive equipment. The marine terminal shall have posted working hours, and “closed” shall mean that the terminal is not open to release or accept equipment during those posted working hours. (2) “Divert equipment” means the motor carrier has been directed to return the equipment to a location different from the location where the equipment was picked up by the motor carrier. (3) “Free time” means the time period offered by the intermodal marine container provider free of charge, beyond which additional charges, including per diem, detention, demurrage, extended dwell, or charges of a similar kind or character, are to be applied. (4) “Intermodal marine container provider” means the entity authorizing delivery or receipt of physical possession of the container with a motor carrier, beneficial cargo owner, or other intermediary. (5) “Intermodal marine terminal” means a marine terminal that engages in discharging or receiving equipment owned, operated, or controlled by an equipment provider. “Intermodal marine terminal” shall not include a local, municipal, or special district public agency seaport. (6) “Motor carrier” has the same meaning as defined in Section 408 of the Vehicle Code. (7) “Per diem,” “detention,” or “demurrage” means a charge imposed by an intermodal marine container provider or marine terminal operator for late return or pickup of an empty or a loaded intermodal container. (8) “Satellite facility” means an intermodal yard, that is not a marine terminal, within the same local commercial territory that supports operations of an intermodal marine container provider or intermodal marine terminal. (9) “Shall not commence or continue free time or impose per diem, detention, demurrage, extended dwell, or charges of a similar kind or character on a motor carrier, beneficial cargo owner, or other intermediary” shall apply to the day or days in question that an occurrence referenced in subdivision (b) took place. (10) “Written or electronic notification” means any communication by postal letter, facsimile, electronic mail, or other electronic notification. (f) (1) Where provisions of this section are addressed by future federal law or regulation, and the federal law or regulation permits states to exceed the requirements set forth in the federal law or regulation, the more stringent provision shall govern. (2) It is further not the intent of the Legislature to establish a reasonableness test under Section 41102 of Title 46 of the United States Code, as in effect on June 16, 2022, for the agreement by commercial entities to rates, charges, or service requirements. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2022, Ch. 868, Sec. 1. (AB 2406) Effective January 1, 2023.)
2293.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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The competency exam must be an oral clinical exam, given by three physician examiners, recorded, and focused on the physician’s specialty or suspected deficiency.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2293. (a) The professional competency examination shall be in the form of an oral clinical examination to be administered by three physician examiners selected by the division or its designee, who shall test for medical knowledge specific to the physician’s specialty or specific suspected deficiency. The examination shall be audio recorded. (b) A failing grade from two of the examiners shall constitute a failure of an examination. In the event of a failure, the board shall supply a true and correct copy of the audio recording of the examination to the unsuccessful examinee. (c) Within 45 days following receipt of the audio recording of the examination, a physician who fails the examination may request a hearing before the administrative law judge as designated in Section 11371 of the Government Code to determine whether he or she is entitled to take a second examination. (d) If the physician timely requests a hearing concerning the right to reexamination under subdivision (c), the hearing shall be held in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340), Chapter 4 (commencing with Section 11370), Chapter 4.5 (commencing with Section 11400), and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). Upon a finding that the examination or procedure is unfair or that one or more of the examiners manifest bias toward the examinee, a reexamination shall be ordered. (e) If the examinee fails the examination and is not afforded the right to reexamination, the division may take action pursuant to Section 2230 by directing that an accusation be filed charging the examinee with incompetency under subdivision (d) of Section 2234. The modes of discipline are set forth in Sections 2227 and 2228. (f) Findings and conclusions reported by the examiners may be received in the administrative hearing on the accusation. The passing of the examination shall constitute prima facie evidence of present competence in the area of coverage of the examination. (g) Competency examinations shall be conducted under a uniform examination system, and for that purpose the division may make arrangements with organizations furnishing examination material as deemed desirable. (Amended by Stats. 2009, Ch. 88, Sec. 1. (AB 176) Effective January 1, 2010.)
22930.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 29. Donated Property [22930- 22930.] ( Chapter 29 added by Stats. 1998, Ch. 348, Sec. 1. )
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Nonprofits and commercial fundraisers that solicit certain charitable property donations must calculate the stated charitable-use percentage annually, send donors a receipt within 90 days for qualifying vehicle, aircraft, or vessel donations, include specified details on the receipt, and keep a copy for their records.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 29. Donated Property [22930- 22930.] ( Chapter 29 added by Stats. 1998, Ch. 348, Sec. 1. ) ## 22930. (a) If a nonprofit organization engaged in any solicitation of personal property or sales solicitation for charitable purposes, or a commercial fundraiser, as defined in Section 12599 of the Government Code, solicits the donation of personal property for charitable purposes, the donation of which may be deductible pursuant to Section 17201 of the Revenue and Taxation Code, and the nonprofit organization or commercial fundraiser states either in writing or verbally the percentage of the donation that will be available or used for charitable purposes, the nonprofit organization or commercial fundraiser shall calculate, on an annual basis, that percentage based on the gross amount received from the disposition of the property, and the net amount paid to the charity for its programs, after subtracting the cost incurred by the nonprofit organization, the commercial fundraiser, or any other entity acting on behalf of the nonprofit organization to solicit, acquire, modify, and dispose of the property and any net income retained by the commercial fundraiser or any other entity acting on behalf of the nonprofit organization. (b) If a person donates a motor vehicle, aircraft, or vessel to a nonprofit organization engaged in any solicitation or sales solicitation for charitable purposes or to a commercial fundraiser for charitable purposes, as defined in Section 12599 of the Government Code, and the donation may be deductible pursuant to Section 17201 of the Revenue and Taxation Code, the nonprofit organization or commercial fundraiser shall send the donor a receipt for that property within 90 days from the date of the donation. The receipt shall describe the donated property in terms of its model, age, level of use, including, but not limited to, the mileage, in the case of a vehicle, and condition, and whether a visual inspection by the nonprofit organization or commercial fundraiser, or a representative of the nonprofit organization or commercial fundraiser, indicated that there were any readily apparent defects that would materially reduce the value of the property. The receipt shall also include the date the donation was made and shall indicate whether the property was operable or inoperable at the time of the donation. (c) If the donated property is sold prior to the issuance of the receipt described in subdivision (b), the receipt issued pursuant to subdivision (b) shall also include all of the following: (1) The date the property was sold. (2) If the property was sold to a dismantler, the amount paid to the nonprofit organization or commercial fundraiser for the property. (3) If the property was altered subsequent to the donation and the alteration affected the value of the property, a statement that the property was altered and whether the alteration increased or decreased the value of the property. (d) The nonprofit organization or the commercial fundraiser shall retain a copy of the receipt for its records. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 1998, Ch. 348, Sec. 1. Effective January 1, 1999.)
2294.
## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. )
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If the physician passes the exam, the division cannot file an incompetency accusation based only on the circumstances that triggered the exam. If there is not enough cause after the exam, the records stay confidential and are not discoverable or subpoenaable. If no further fitness proceedings happen for five years after the petition, the agency must destroy the records.

## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 5. Medicine [2000 - 2529.8.1] ( Chapter 5 repealed and added by Stats. 1980, Ch. 1313, Sec. 2. ) ## ARTICLE 12. Enforcement [2220 - 2319] ( Article 12 added by Stats. 1980, Ch. 1313, Sec. 2. ) ## 2294. (a) If the division proceeds pursuant to the provisions of Sections 2292 and 2293 and the physician passes the professional competency examination administered, the division shall be precluded from filing an accusation of incompetency based solely on the circumstances giving rise to the reasonable cause for the examination. (b) If the division determines there is insufficient cause to file an accusation based on the examination results, then all agency records of the proceedings, including the petition and order for the examination, investigative reports, if any, reports of staff or outside medical consultants, and the reports of the examiners, shall be kept confidential and shall not be subject to discovery or subpoena. (c) If no further proceedings are conducted to determine the physician’s fitness to practice during a period of five years from the date of the petition under Section 2292, then the agency shall purge and destroy all records pertaining to the proceedings. (Amended by Stats. 1985, Ch. 1070, Sec. 2.)
22940.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 30. Billing Practices [22940 - 22941] ( Chapter 30 added by Stats. 1999, Ch. 343, Sec. 1. )
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A business may not use words that directly reference a person’s marital status in the person’s mailing address on billing statements, related correspondence, envelopes, or new-business solicitations.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 30. Billing Practices [22940 - 22941] ( Chapter 30 added by Stats. 1999, Ch. 343, Sec. 1. ) ## 22940. It shall be unlawful for any business to use words expressly referencing an individual’s marital status as part of the individual’s mailing address on a billing statement, related correspondence, enclosing envelope, or any solicitation for new business. This shall not prohibit the use of the prefix “Mr.,” “Mrs.,” “Ms.,” or “Miss.” (Added by Stats. 1999, Ch. 343, Sec. 1. Effective January 1, 2000.)
22941.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 30. Billing Practices [22940 - 22941] ( Chapter 30 added by Stats. 1999, Ch. 343, Sec. 1. )
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A violation of this chapter can result in a civil penalty of up to $250 for each violation.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 30. Billing Practices [22940 - 22941] ( Chapter 30 added by Stats. 1999, Ch. 343, Sec. 1. ) ## 22941. Any violation of this chapter shall be punishable by a civil penalty of up to two hundred fifty dollars ($250) for each violation. (Added by Stats. 1999, Ch. 343, Sec. 1. Effective January 1, 2000.)
22942.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31. Electrically Conductive Balloons [22942 - 22942.5] ( Chapter 31 added by Stats. 2018, Ch. 262, Sec. 1. )
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People who make or sell foil balloons in California must label them, add required weights, avoid conductive attachments, and meet testing and phase-in requirements before full sales are allowed.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31. Electrically Conductive Balloons [22942 - 22942.5] ( Chapter 31 added by Stats. 2018, Ch. 262, Sec. 1. ) ## 22942. (a) A person who manufactures a foil balloon in this state shall comply with all of the following: (1) Permanently mark each foil balloon with a printed statement, written in a legible font size and located in a conspicuous area on the foil balloon, that warns the consumer of at least one of the following: (A) The dangers of releasing balloons that may come into contact with overhead power lines. (B) If the foil balloon is manufactured to meet the requirements described in subdivision (d), the consumer’s responsibilities when disposing of foil balloons. (2) Permanently mark each foil balloon with the identity of the manufacturer. (3) Permanently mark each foil balloon that it is in compliance with this section if the foil balloon is manufactured to meet the requirements described in subdivision (d). Markings prescribed under the final standard by the Institute of Electrical and Electronics Engineers (IEEE) shall be considered a suitable mark. (b) A person who sells or distributes a foil balloon that is filled with lighter-than-air gas in this state shall comply with both of the following: (1) The person shall affix an object of sufficient weight to each foil balloon or its appurtenance to counter the lift capability of the foil balloon. (2) The person shall not attach the foil balloon to an electrically conductive string, tether, or streamer, to a balloon constructed of electrically conductive material, or to any other electrically conductive object. (c) This section shall not apply to manned hot air balloons or to balloons used in governmental or scientific research projects. (d) A person that sells, offers for sale, or manufactures for sale, in this state, any foil balloon shall ensure that those foil balloons pass a standard test, as determined by an accredited testing facility capable of high-voltage testing. (1) (A) The standard test shall be the IEEE 2845 standard when that standard is approved by the IEEE. (B) The standard test shall be approved when the IEEE does all of the following: (i) Publishes an interim standard. (ii) Completes its trial of the interim standard. (iii) Publishes the final approved standard, following materially substantive adjustments, if any, to the interim standard. (2) This requirement is subject to the following phase-in period: (A) At least 25 percent of the person’s foil balloons shall comply no later than one year from the commencement date. (B) At least 55 percent of the person’s foil balloons shall comply no later than two years from the commencement date. (C) At least 80 percent of the person’s foil balloons shall comply no later than three years from the commencement date. (D) One hundred percent of the person’s foil balloons shall comply no later than four years from the commencement date. (e) Following the completion of the phase-in period outlined in subdivision (d) and notwithstanding any other law, a person shall not sell, offer for sale, or manufacture for sale, in this state, any foil balloon, unless the balloon complies with this section. (f) (1) All of the following dates and time periods shall be tolled when a serious development, manufacturing, production, or supply chain issue, or force majeure, occurs: (A) The commencement date. (B) The phase-in period outlined in paragraph (2) of subdivision (d). (C) The prohibition against selling, offering for sale, and manufacturing for sale outlined in subdivision (e). (2) Tolling shall last for a period of 24 months or until the serious development, manufacturing, production, or supply chain issue, or force majeure, is resolved, whichever occurs first. (3) A serious development, manufacturing, production, or supply chain issue, or force majeure, shall be deemed to have occurred if both of the following are satisfied: (A) The issue is outside of the control of the business that develops, manufactures, produces, or sells foil balloons. (B) The issue makes it infeasible to develop, manufacture, produce, or sell foil balloons that otherwise would be subject to the requirement of paragraph (1) of subdivision (a). (g) For the purposes of this section, the following terms apply: (1) “Commencement date” means the date on which the IEEE approves the final standard for testing foil balloons at a level of electric distribution voltages without causing an electrical fault and all of the requirements of subparagraph (B) of paragraph (1) of subdivision (d) are met, or January 1, 2027, whichever is later. (2) “Foil balloon” means a balloon that is constructed of electrically conductive material. (3) “Infeasible” means incapable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. (4) “Phase-in period” means the gradual phase in of the restrictions on the sale, offer for sale, and manufacture for sale, in this state, of a foil balloon following the commencement date, as set forth in subdivision (d). (5) “Person” means any individual, association, organization, partnership, business trust, limited liability company, corporation, or other entity. (Amended by Stats. 2022, Ch. 401, Sec. 1. (AB 847) Effective January 1, 2023.)
22942.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31. Electrically Conductive Balloons [22942 - 22942.5] ( Chapter 31 added by Stats. 2018, Ch. 262, Sec. 1. )
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A person who violates or tries to violate Section 22942 may be enjoined, and a violator is liable for civil penalties.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31. Electrically Conductive Balloons [22942 - 22942.5] ( Chapter 31 added by Stats. 2018, Ch. 262, Sec. 1. ) ## 22942.5. (a) A person who violates or attempts to violate Section 22942 may be enjoined in any court of competent jurisdiction. (b) (1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day for a totality of violations of Section 22942, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction. (2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following: (A) The nature and extent of the violation. (B) The number and severity of the violations. (C) The economic effect of the penalty on the person who violated Section 22942. (D) The person’s annual revenue in both balloon sales and total sales. (E) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken. (F) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole. (G) The willfulness of the persons responsible for the violation. (H) Any other factors that justice may require. (c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor. (d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. (Added by Stats. 2022, Ch. 401, Sec. 2. (AB 847) Effective January 1, 2023.)
22943.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. )
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This section defines key terms for the Online Cannabis Marketplaces chapter and allows the Attorney General to further define “clear and conspicuous” by regulation.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. ) ## 22943. For purposes of this chapter, the following definitions apply: (a) “Advertisement” means an advertisement about, or an offer of, the sale of cannabis or a cannabis product. (b) “Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, cannabis or a cannabis product. (c) “Cannabis” has the same meaning as that term is defined in Section 26001. (d) “Cannabis product” has the same meaning as “cannabis products” as defined in Section 26001. (e) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. The Attorney General may promulgate regulations further defining clear and conspicuous. (f) “License” means a license issued by the Department of Cannabis Control pursuant to Division 10 (commencing with Section 26000). (g) “Online cannabis marketplace” means an internet website, online service, online application, or mobile application, or a portion thereof, including a social media platform, as defined in Section 1798.99.20 of the Civil Code, that does any of the following in California: (1) Transmits or otherwise communicates between a third-party seller and consumer an offer for the sale of cannabis or a cannabis product that is accepted by the consumer. (2) Offers for sale cannabis or a cannabis product. (3) Connects a third-party seller of cannabis or cannabis products and a consumer. (h) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a product in the state by or through an online marketplace. (Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22943.6.)
22943.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. )
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Online cannabis marketplaces must disclose certain license-check and reporting details in their terms of service, provide a user reporting mechanism, and meet notice and response deadlines.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. ) ## 22943.2. (a) An online cannabis marketplace shall address in its terms of service both of the following: (1) Whether the online cannabis marketplace permits advertisements from, or business information about, unlicensed sellers of cannabis or cannabis products to be viewed by Californians on its marketplace. (2) Whether the online cannabis marketplace verifies that a seller of cannabis or cannabis products has a valid, unexpired license by consulting the license look-up function on the Department of Cannabis Control’s internet website established pursuant to Section 26012.5 before displaying, storing, or hosting the seller’s advertisements or business information in a manner that is viewable to Californians. (b) (1) An online cannabis marketplace shall establish a clear and conspicuous mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service or is a user, to report to the online cannabis marketplace the display, storing, or hosting on the marketplace of advertisements from, or business information about, an unlicensed seller of cannabis or cannabis products. (2) The mechanism required by this subdivision shall meet all of the following criteria: (A) The mechanism shall allow, but not require, an individual to do both of the following: (i) Upload a screenshot of the content that offers evidence of advertisements from, or business information about, the unlicensed seller on the marketplace. (ii) Provide the marketplace with basic identifying information, such as an account identifier or URL, sufficient to permit marketplace to locate the reported material. (B) The mechanism shall include, but not be limited to, a method for the marketplace to contact a reporting individual in writing, including a telephone number for purposes of sending text messages, an email address, or another reasonable electronic method of communication. (C) The mechanism shall provide, within 36 hours of receipt of a report, a written confirmation to the reporting individual that the marketplace has received that individual’s report. (D) (i) The mechanism shall provide periodic written updates to the reporting individual as to the status of the marketplace’s handling of the reported material using the method of communication pursuant to subparagraph (B). (ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (C) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than 14 days after the most recent written update provided pursuant to this clause, until the final written determination required by subparagraph (F). (E) Each report shall receive a review by a natural person. (F) (i) The mechanism shall issue a final written determination to the reporting individual within 30 days of receiving the report. The final written determination shall state one of the following: (I) The report has provided evidence that an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products was displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information have been blocked from being viewable on the marketplace. (II) The report has provided evidence that an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products was or is displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. The final written determination issued pursuant to this subclause shall also state that the marketplace acknowledges that it is aware that the seller is unlicensed and whether the marketplace has referred the report to a law enforcement agency. If the marketplace has referred the report to a law enforcement agency, the final written determination shall provide a true and correct copy of the report that the marketplace made to the law enforcement agency. (III) The report lacks evidence that the identified seller of cannabis or cannabis products who was or is displayed, stored, or hosted on the marketplace is unlicensed and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. (IV) The report lacks evidence that the identified seller of cannabis or cannabis products whose advertisement or business information was or is displayed, stored, or hosted on the marketplace is unlicensed and the seller’s advertisements and business information will be blocked from being viewable on the marketplace for reasons unrelated to the seller’s licensing status. (V) The report lacks evidence that an advertisement or business information of a seller of cannabis or cannabis products was displayed, stored, or hosted on the marketplace. (ii) If the marketplace cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the marketplace, the marketplace shall comply with clause (i) no later than 60 days after the date on which the report was received. If this clause applies, the marketplace shall promptly provide written notice of the delay, no later than 48 hours from the time the marketplace knew the delay was likely to occur, to the reporting individual. (c) This section shall not be interpreted to prohibit any individual from reporting activity by an unlicensed seller of cannabis or cannabis products without the use of the mechanism established in subdivision (b). (d) (1) Any online cannabis marketplace that violates a requirement of this section shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation and for compensatory damages, punitive damages, and any civil remedies, penalties, or sanctions for harms caused by the marketplace’s failure to comply with this chapter, which damages shall be adjudicated and awarded apart from any harms attributable to the existence of the reported content alone. (2) Any person may bring an action to enforce this section. In addition to other equitable relief, the court may order injunctive relief to obtain compliance with this section and shall award reasonable attorney’s fees and costs to the prevailing plaintiff. (3) A person shall not bring an action to enforce paragraph (2) of subdivision (b) if the marketplace, upon receipt of the advertisement or business information through the mechanism, removes the reported advertisement or business information within 48 hours. (4) It is not a violation of paragraph (2) of subdivision (b) if the marketplace, upon receipt of the report, removes the reported advertisement or business information within 48 hours. (5) Each day an online cannabis marketplace is in violation of a requirement of this section constitutes a separate violation. (e) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law. (Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22943.6.)
22943.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. )
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An online cannabis marketplace that has not verified a seller’s license must show a clear warning graphic that the consumer must click through before using the marketplace.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. ) ## 22943.4. (a) If an online cannabis marketplace does not verify that a seller of cannabis or cannabis products is licensed as described in paragraph (2) of subdivision (a) of Section 22943.2, the online cannabis marketplace shall, immediately after a consumer has accessed the marketplace, interpose a clear and conspicuous graphic that a consumer must acknowledge and click through before viewing or engaging with the marketplace. The graphic shall warn the consumer that the marketplace may be displaying, storing, or hosting unlicensed sellers of cannabis or cannabis products. (b) Any person who identifies an online cannabis marketplace that displays, stores, or hosts an advertisement from, or business information about, an unlicensed seller of cannabis or cannabis products in violation of subdivision (a) may initiate an action to enforce subdivision (a). A person who prevails in such an action shall be entitled to both of the following: (1) Reasonable attorneys’ fees and costs. (2) A civil penalty of up to two hundred fifty thousand dollars ($250,000). (c) An online cannabis marketplace that violates an injunction requiring compliance with this section shall be prohibited from operating in California until a receiver appointed by the court issuing the injunction affirms to the court that the marketplace is in compliance. In any action to enforce an injunction requiring compliance with this section, the party obtaining enforcement shall be entitled to an award of its reasonable attorneys’ fees and costs and a civil penalty of up to five hundred thousand dollars ($500,000). (d) This section shall not be construed as prohibiting a public prosecutor, as described in Section 17204, from bringing an appropriate action to enforce this section. (Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22943.6.)
22943.6.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. )
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This chapter becomes operative on July 1, 2026.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.3. Online Cannabis Marketplaces [22943 - 22943.6] ( Chapter 31.3 added by Stats. 2025, Ch. 411, Sec. 2. ) ## 22943.6. This chapter shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 411, Sec. 2. (SB 378) Effective January 1, 2026.)
22944.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. )
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This section defines key terms for online hemp marketplace rules and lets the Attorney General issue regulations further defining “clear and conspicuous.”

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. ) ## 22944. For purposes of this chapter, the following definitions apply: (a) “Advertisement” means an advertisement about, or an offer of, a sale of an intoxicating hemp product. (b) “Business information” means an internet website, mobile application, address, or telephone number through which a seller offers to sell, or a consumer makes a purchase of, an intoxicating hemp product. (c) “Clear and conspicuous” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the language. The Attorney General may promulgate regulations further defining clear and conspicuous. (d) “Industrial hemp product” has the same meaning as that term is defined in subdivision (g) of Section 111920 of the Health and Safety Code. (e) “Inhalable hemp product” includes any hemp product that can be used by inhalation, including, but not limited to, hemp flower, hemp prerolls, hemp vaping cartridges, liquids, or prefilled devices, hemp shatter, wax, budder, or other hemp derived concentrates that can be used for inhalation. (f) “Intoxicating hemp product” means either of the following: (1) A hemp product whose THC concentration exceeds the amounts allowable under the Sherman Food, Drug, and Cosmetic Law (Part 5 (commencing with Section 109875) of Division 104 of the Health and Safety Code) or any rules or regulations adopted thereunder, and is unlawful to sell without a license. (2) An inhalable hemp product with a detectable THC concentration, and is unlawful to sell without a license. (g) “Licensed” means licensed pursuant to Division 10 (commencing with Section 26000). (h) “Online hemp marketplace” means an internet website, online service, online application, or mobile application, or a portion thereof, including a social media platform, as defined in Section 1798.99.20 of the Civil Code, that, as applied to products containing hemp for human consumption, including, but not limited to, cosmetics, food, food additives, dietary supplements, or lotions, does any of the following in California: (1) Transmits or otherwise communicates between a third-party seller and consumer an offer for the sale of an intoxicating hemp product that is accepted by the consumer. (2) Offers for sale an intoxicating hemp product. (3) Connects a third-party seller of an intoxicating hemp product and a consumer. (i) “Third-party seller” means a person or entity, independent of an online marketplace, who sells, offers to sell, or contracts with an online marketplace to sell a product in the state by or through an online marketplace. (Added by Stats. 2025, Ch. 411, Sec. 3. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22944.4.)
22944.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. )
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Online hemp marketplaces must provide a reporting mechanism for intoxicating hemp ads, give receipt confirmations and status updates, use a natural-person review, and issue a final written determination on time.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. ) ## 22944.2. (a) (1) An online hemp marketplace shall establish a clear and conspicuous mechanism within its internet-based service that allows any individual, whether or not that individual has a profile on the internet-based service or is a user, to report to the online hemp marketplace the existence on the marketplace of an advertisement of an intoxicating hemp product. (2) The mechanism required by this subdivision shall meet all of the following criteria: (A) The mechanism shall allow, but not require, an individual to do both of the following: (i) Upload a screenshot of the content that offers evidence of an offer of a sale of an intoxicating hemp product on the marketplace. (ii) Provide to the online hemp marketplace basic identifying information, such as an account identifier or URL, sufficient to permit the marketplace to locate the reported material. (B) The mechanism shall include, but not be limited to, a method for the online hemp marketplace to contact a reporting individual in writing, including a telephone number for purposes of sending text messages, an email address, or another reasonable electronic method of communication. (C) The mechanism shall provide, within 36 hours of receipt of a report, a written confirmation to the reporting individual that the marketplace has received that individual’s report. (D) (i) The mechanism shall provide periodic written updates to the reporting individual as to the status of the marketplace’s handling of the reported material using the method of communication pursuant to subparagraph (B). (ii) The first written update required by clause (i) shall be provided as soon as reasonably feasible but no later than 14 days after the date on which the written confirmation required under subparagraph (C) is provided. Subsequent written updates shall be provided as soon as reasonably feasible but no later than 14 days after the most recent written update provided pursuant to this clause, until the final written determination required by subparagraph (F). (E) Each report shall receive a review by a natural person. (F) (i) The mechanism shall issue a final written determination to the reporting individual within 30 days of receiving the report. The final written determination shall state one of the following: (I) The report has provided evidence that an advertisement of an intoxicating hemp product was displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information have been blocked from being viewable on the marketplace. (II) The report has provided evidence that an advertisement of an intoxicating hemp product was or is displayed, stored, or hosted on the marketplace and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. The final written determination issued pursuant to this subclause shall also state that the marketplace acknowledges that it is aware that the seller is advertising an intoxicating hemp product and whether the marketplace has referred the report to a law enforcement agency. If the marketplace has referred the report to a law enforcement agency, the final written determination shall provide a true and correct copy of the report that the marketplace made to the law enforcement agency. (III) The report lacks evidence that the identified seller whose advertisement or business information was or is displayed, stored, or hosted on the marketplace was or is advertising an intoxicating hemp product and the seller’s advertisements and business information will not be blocked from being viewable on the marketplace. (IV) The report lacks evidence that the identified seller whose advertisements and business information was or is displayed, stored, or hosted on the marketplace was or is advertising an intoxicating hemp product and the seller’s advertisements and business information will be blocked from being viewable on the marketplace for reasons unrelated to the reported advertisement of an intoxicating hemp product. (V) The report lacks evidence that an advertisement of an intoxicated hemp product was or is displayed, stored, or hosted on the marketplace. (ii) If the marketplace cannot comply with clause (i) within 30 days due to circumstances beyond the reasonable control of the marketplace, the marketplace shall comply with clause (i) no later than 60 days after the date on which the report was received. If this clause applies, the marketplace shall promptly provide written notice of the delay, no later than 48 hours from the time the marketplace knew the delay was likely to occur, to the reporting individual. (b) This section shall not be interpreted to prohibit any individual from reporting the advertisement of intoxicating hemp without the use of the mechanism established in subdivision (a). (c) (1) Any online hemp marketplace that violates a requirement of this section shall be liable for a civil penalty of not more than ten thousand dollars ($10,000) for each violation and for compensatory damages, punitive damages, and any civil remedies, penalties, or sanctions for harms caused by the marketplace’s failure to comply with this chapter, which damages shall be adjudicated and awarded apart from any harms attributable to the existence of the reported content alone. (2) A person may bring an action to enforce this section. In addition to other equitable relief, the court may order injunctive relief to obtain compliance with this section and shall award reasonable attorney’s fees and costs to the prevailing plaintiff. (3) A person shall not bring an action to enforce paragraph (2) of subdivision (a) if the marketplace, upon receipt of the advertisement or business information through the mechanism, removes the reported advertisement or business information within 48 hours. (4) It is not a violation of paragraph (2) of subdivision (a) if the marketplace, upon receipt of the report, removes the reported advertisement or business information within 48 hours. (5) Each day an online hemp marketplace is in violation of a requirement of this section constitutes a separate violation. (d) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law. (Added by Stats. 2025, Ch. 411, Sec. 3. (SB 378) Effective January 1, 2026. Operative July 1, 2026, pursuant to Section 22944.4.)
22944.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. )
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This chapter becomes operative on July 1, 2026.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.4. Online Hemp Marketplaces [22944 - 22944.4] ( Chapter 31.4 added by Stats. 2025, Ch. 411, Sec. 3. ) ## 22944.4. This chapter shall become operative on July 1, 2026. (Added by Stats. 2025, Ch. 411, Sec. 3. (SB 378) Effective January 1, 2026.)
22945.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. )
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Social media platforms operating in California must post a public policy statement about controlled-substance content, keep it updated, and retain certain removed content and the violating username for 90 days, with a health-care-related exception.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. ) ## 22945. (a) For purposes of this chapter, the following definitions apply: (1) (A) “Content” means statements or comments made by users and media that are created, posted, shared, or otherwise interacted with by users on an internet-based service or application. (B) “Content” does not include media put on a service or application exclusively for the purpose of cloud storage, transmitting files, or file collaboration. (2) “Controlled substance” has the same meaning as that term is defined in Section 11007 of the Health and Safety Code. (3) “Social media platform” means a public or semipublic internet-based service or application that has users in California and that meets both of the following criteria: (A) (i) A substantial function of the service or application is to connect users in order to allow users to interact socially with each other within the service or application. (ii) A service or application that provides email or direct messaging services shall not be considered to meet this criterion on the basis of that function alone. (B) The service or application allows users to do all of the following: (i) Construct a public or semipublic profile for purposes of signing into and using the service. (ii) Populate a list of other users with whom an individual shares a social connection within the system. (iii) Create or post content viewable by other users, including, but not limited to, on message boards, in chat rooms, or through a landing page or main feed that presents the user with content generated by other users. (4) “Public or semipublic internet-based service or application” excludes a service or application used to facilitate communication within a business or enterprise among employees or affiliates of the business or enterprise, provided that access to the service or application is restricted to employees or affiliates of the business or enterprise using the service or application. (b) A social media platform that operates in the state shall create, and publicly post on the social media platform’s internet website, a policy statement that includes all of the following: (1) The social media platform’s policy on the use of the social media platform to illegally distribute a controlled substance. (2) A general description of the social media platform’s moderation practices that are employed to prevent users from posting or sharing electronic content pertaining to the illegal distribution of a controlled substance. The description shall not include any information that the social media platform believes might compromise operational efforts to identify prohibited content or user activity, or otherwise endanger user safety. (3) A link to mental health and drug education resources provided by governmental public health authorities. (4) A link to the social media platform’s reporting mechanism for illegal or harmful content or behavior on the social media platform, if one exists. (5) A general description of the social media platform’s policies and procedures for responding to law enforcement inquiries, including warrants, subpoenas, and other court orders compelling the production of or access to electronic communication information, as defined in Section 1546 of the Penal Code. (6) A general description of the social media platform’s policy on the retention of electronic communication information, as defined in Section 1546 of the Penal Code, including how long the platform retains that information. (7) A general description of the social media platform’s policies and procedures governing when a platform proactively shares relevant information pertaining to the illegal distribution of a controlled substance. (c) The disclosures required by this section may be posted separately or incorporated within another document or post, including, but not limited to, the terms of service or the community guidelines. (d) A person or entity operating a social media platform in the state shall do all of the following: (1) Update the policy statement created pursuant to subdivision (b) as necessary. (2) Consider consulting with nonprofits, safety advocates, and survivors to assist in developing and supporting the policy statement created pursuant to subdivision (b). (3) (A) A social media platform shall retain data on content it has taken action to take down or remove for a violation of a policy prohibiting the unlawful sale, distribution, amplification, or otherwise proliferation of controlled substances and related paraphernalia. A social media platform shall retain the content that violated a policy and the username of the violating account at issue for a period of 90 days. (B) Notwithstanding subparagraph (A), a social media platform is not required to retain content removed in violation of the policy if there is a good faith belief that the content is related to the offering, seeking, or receiving of gender-affirming health care, gender-affirming mental health care, or reproductive health care that is lawful under California law. (Amended by Stats. 2023, Ch. 824, Sec. 3. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)
22945.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. )
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A person may ask a court to order a social media platform to remove posts offering illegal controlled-substance activity, but notice and a 48-hour waiting rule can apply.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. ) ## 22945.5. (a) (1) A person may seek an order requiring a social media platform to remove content that includes an offer to transport, import into this state, sell, furnish, administer, or give away a controlled substance in violation of Section 11352 of the Health and Safety Code. (2) (A) If the social media platform has a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person shall not bring an action pursuant to paragraph (1) until the person has notified the social media platform of the content and requested that it be removed through the reporting mechanism. (B) A person may bring an action pursuant to paragraph (1) before 48 hours have passed since providing notice to a social media platform through the reporting mechanism, but the court shall not rule on the request for an order until 48 hours have passed from the provision of notice. (C) The court may dismiss an action if the social media platform deletes the content relevant to the order sought pursuant to paragraph (1) before 48 hours have passed from the provision of notice under subparagraph (A). (3) If the social media platform does not have a reporting mechanism described in paragraph (4) of subdivision (b) of Section 22945, a person may bring an action under paragraph (1), and a court may rule on the request for an order, at any time. (b) (1) A court shall award court costs and reasonable attorney’s fees to a prevailing plaintiff in an action brought pursuant to this section. (2) Reasonable attorney’s fees may be awarded to a prevailing defendant upon a finding by the court that the plaintiff’s prosecution of the action was not in good faith. (Added by Stats. 2023, Ch. 698, Sec. 1. (SB 60) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)
22945.7.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. )
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This section says Chapter 31.5 does not change rights or obligations created by other laws.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. ) ## 22945.7. Nothing in this chapter alters the rights or obligations established in any other law, including, but not limited to, the Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code) and the California Consumer Privacy Act of 2018 (Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code). (Added by Stats. 2023, Ch. 824, Sec. 4. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9.)
22945.9.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. )
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This chapter stays in effect only until January 1, 2028, when it is repealed.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.5. Drug Safety Policies on Social Media Platforms [22945 - 22945.9] ( Chapter 31.5 added by Stats. 2022, Ch. 432, Sec. 1. ) ## 22945.9. This chapter shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2023, Ch. 824, Sec. 5. (AB 1027) Effective January 1, 2024. Repealed as of January 1, 2028, pursuant to Section 22945.9. Note: Repeal affects Chapter 31.5, commencing with Section 22945.)
22946.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. )
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This section defines key terms used in the chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. ) ## 22946. As used in this chapter: (a) “Law enforcement agency” means a law enforcement agency in the state. (b) “Law enforcement liaison” means a natural person employed by a social media platform who serves as a point of contact with law enforcement agencies. (c) “Search warrant” means a search warrant duly executed pursuant to Chapter 3 (commencing with Section 1523) of Title 12 of Part 2 of the Penal Code. (d) “Social media platform” has the same meaning as defined in Section 22945. (Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)
22946.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. )
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A social media platform must maintain a law enforcement contact process, including a staffed hotline, continuous availability, and status updates for requests. It must also comply with qualifying search warrants within 72 hours, unless another law provides otherwise.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. ) ## 22946.1. (a) A social media platform shall maintain a law enforcement contact process that does all of the following: (1) Makes available a staffed hotline for law enforcement personnel for purposes of receiving, and responding to, requests for information. (2) Provides continual availability of the law enforcement contact process. (3) Includes a method to provide status updates to a requesting law enforcement agency on a request for information or a warrant provided pursuant to subdivision (b). (b) (1) Except as provided by any other law, including, but not limited to, the Reproductive Rights Law Enforcement Act (Title 5.7 (commencing with Section 13775) of Part 4 of the Penal Code) and Section 1546.5 of the Penal Code, a social media platform shall comply with a search warrant within 72 hours if both of the following apply: (A) The search warrant is provided to the social media platform by a law enforcement agency. (B) The subject of the search warrant is information associated with an account on the social media platform and that information is controlled by a user of the social media platform. (2) A court may reasonably extend the time required to comply with a search warrant pursuant to this subdivision if the court makes a written finding that the social media platform has shown good cause for that extension and that an extension would not cause an adverse result, as defined in Section 1524.2 of the Penal Code. (Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)
22946.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. )
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This chapter does not apply to social media platforms with fewer than 1,000,000 discrete monthly users.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. ) ## 22946.2. This chapter does not apply to a social media platform with fewer than 1,000,000 discrete monthly users. (Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025. Operative July 1, 2025, pursuant to Section 22946.3.)
22946.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. )
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This chapter becomes operative on July 1, 2025.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 31.6. Social Media Platforms and Law Enforcement [22946 - 22946.3] ( Chapter 31.6 added by Stats. 2024, Ch. 985, Sec. 1. ) ## 22946.3. This chapter shall become operative on July 1, 2025. (Added by Stats. 2024, Ch. 985, Sec. 1. (SB 918) Effective January 1, 2025.)
22947.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
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This chapter may be cited as the Consumer Protection Against Computer Spyware Act.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947. This chapter shall be known as and may be cited as the Consumer Protection Against Computer Spyware Act. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
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This section defines key terms used in the chapter on computer spyware consumer protection.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.1. For purposes of this chapter, the following terms have the following meanings: (a) “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet Web site operated for a commercial purpose. (b) “Authorized user,” with respect to a computer, means a person who owns or is authorized by the owner or lessee to use the computer. An “authorized user” does not include a person or entity that has obtained authorization to use the computer solely through the use of an end user license agreement. (c) “Computer software” means a sequence of instructions written in any programming language that is executed on a computer. (d) “Computer virus” means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks. (e) “Consumer” means an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes. (f) “Damage” means any significant impairment to the integrity or availability of data, software, a system, or information. (g) “Execute,” when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software. (h) “Intentionally deceptive” means any of the following: (1) By means of an intentionally and materially false or fraudulent statement. (2) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive the consumer. (3) By means of an intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the consumer. (i) “Internet” means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, and that is able to support communications using the Transmission Control Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this subdivision. (j) “Person” means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. (k) “Personally identifiable information” means any of the following: (1) First name or first initial in combination with last name. (2) Credit or debit card numbers or other financial account numbers. (3) A password or personal identification number required to access an identified financial account. (4) Social Security number. (5) Any of the following information in a form that personally identifies an authorized user: (A) Account balances. (B) Overdraft history. (C) Payment history. (D) A history of Web sites visited. (E) Home address. (F) Work address. (G) A record of a purchase or purchases. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
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A non-authorized user must not use deceptive software to change browser settings, collect personal information, block removal or disabling, falsely promise uninstallation, or disable security software on a consumer’s computer.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.2. A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software to do any of the following: (a) Modify, through intentionally deceptive means, any of the following settings related to the computer’s access to, or use of, the Internet: (1) The page that appears when an authorized user launches an Internet browser or similar software program used to access and navigate the Internet. (2) The default provider or Web proxy the authorized user uses to access or search the Internet. (3) The authorized user’s list of bookmarks used to access Web pages. (b) Collect, through intentionally deceptive means, personally identifiable information that meets any of the following criteria: (1) It is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user who uses the computer and transfers that information from the computer to another person. (2) It includes all or substantially all of the Web sites visited by an authorized user, other than Web sites of the provider of the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed. (3) It is a data element described in paragraph (2), (3), or (4) of subdivision (k) of Section 22947.1, or in subparagraph (A) or (B) of paragraph (5) of subdivision (k) of Section 22947.1, that is extracted from the consumer’s computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service described to an authorized user. (c) Prevent, without the authorization of an authorized user, through intentionally deceptive means, an authorized user’s reasonable efforts to block the installation of, or to disable, software, by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user. (d) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user’s action, with knowledge that the software will not be so uninstalled or disabled. (e) Through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
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A non-authorized user may not install or use software to take control of a consumer’s computer, change certain settings, block software removal, or mislead the user about software being disabled.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.3. A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software to do any of the following: (a) Take control of the consumer’s computer by doing any of the following: (1) Transmitting or relaying commercial electronic mail or a computer virus from the consumer’s computer, where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user. (2) Accessing or using the consumer’s modem or Internet service for the purpose of causing damage to the consumer’s computer or of causing an authorized user to incur financial charges for a service that is not authorized by an authorized user. (3) Using the consumer’s computer as part of an activity performed by a group of computers for the purpose of causing damage to another computer, including, but not limited to, launching a denial of service attack. (4) Opening multiple, sequential, stand-alone advertisements in the consumer’s Internet browser without the authorization of an authorized user and with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the consumer’s Internet browser. (b) Modify any of the following settings related to the computer’s access to, or use of, the Internet: (1) An authorized user’s security or other settings that protect information about the authorized user for the purpose of stealing personal information of an authorized user. (2) The security settings of the computer for the purpose of causing damage to one or more computers. (c) Prevent, without the authorization of an authorized user, an authorized user’s reasonable efforts to block the installation of, or to disable, software, by doing any of the following: (1) Presenting the authorized user with an option to decline installation of software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds. (2) Falsely representing that software has been disabled. (d) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.4.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
Verify source ↗

This section prohibits certain deceptive software-installation tactics by non-authorized users, with a security/technical-support exception for specified service providers.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.4. (a) A person or entity, who is not an authorized user, as defined in Section 22947.1, shall not do any of the following with regard to the computer of a consumer in this state: (1) Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content. (2) Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this section. (b) Nothing in this section shall apply to any monitoring of, or interaction with, a subscriber’s Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
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The Legislature declares this chapter a matter of statewide concern and says it overrides local laws on spyware and related consumer notices from software providers.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.5. It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers regarding information collection. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22947.6.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. )
Verify source ↗

The chapter’s provisions are severable, so if one part is held invalid, the rest can still stand if they can work without the invalid part.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 32. Consumer Protection Against Computer Spyware Act [22947 - 22947.6] ( Chapter 32 added by Stats. 2004, Ch. 843, Sec. 2. ) ## 22947.6. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2004, Ch. 843, Sec. 2. Effective January 1, 2005.)
22948.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. )
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This section names the chapter as the Anti-Phishing Act of 2005.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. ) ## 22948. This chapter shall be known and may be cited as the Anti-Phishing Act of 2005. (Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
22948.1.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. )
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This section defines terms used in the chapter, including “electronic mail message,” “identifying information,” “Internet,” and “web page.”

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. ) ## 22948.1. For the purposes of this chapter, the following terms have the following meanings: (a) “Electronic mail message” means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed, to which an electronic message can be sent or delivered. (b) “Identifying information” means, with respect to an individual, any of the following: (1) Social security number. (2) Driver’s license number. (3) Bank account number. (4) Credit card or debit card number. (5) Personal identification number (PIN). (6) Automated or electronic signature. (7) Unique biometric data. (8) Account password. (9) Any other piece of information that can be used to access an individual’s financial accounts or to obtain goods or services. (c) “Internet” shall have the meaning as defined in paragraph (6) of subdivision (f) of Section 17538. (d) “Web page” means a location that has a single uniform resource locator or other single location with respect to the Internet. (Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
22948.2.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. )
Verify source ↗

A person may not use the internet to impersonate a business in order to induce someone to provide identifying information.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. ) ## 22948.2. It shall be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the authority or approval of the business. (Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
22948.20.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
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This section bars certain voice-recognition practices for connected televisions, including failing to disclose the feature during setup, selling or using collected speech recordings for advertising, and forcing manufacturers to add monitoring features for law enforcement.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.20. (a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial setup or installation of the connected television. (b) Any actual recordings of spoken word collected through the operation of a voice recognition feature by the manufacturer of a connected television for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose. (c) Any actual recordings of spoken word collected through the operation of a voice recognition feature by a third party contracting with a manufacturer for the purpose of improving the voice recognition feature, including, but not limited to, the operation of an accessible user interface for people with disabilities, shall not be sold or used for any advertising purpose. (d) A person or entity shall not compel a manufacturer or other entity providing the operation of a voice recognition feature to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. (e) A manufacturer shall only be liable for functionality provided at the time of the original sale of a connected television and shall not be liable for functionality provided by applications that the user chooses to use in the cloud or are downloaded and installed by a user. (f) This chapter shall not apply to any product or service provided by a company covered under Section 637.5 of the Penal Code. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.21.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
Verify source ↗

This section defines “connected television,” “user,” and “voice recognition feature” for this chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.21. For purposes of this chapter, the following definitions shall apply: (a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shall not include a personal computer, portable device, or a separate device that connects physically or wirelessly to a television, including, but not limited to, a set-top box, video game console, or digital video recorder. (b) “User” means a person who originally purchases, leases, or takes ownership of a connected television. A person who is incidentally recorded when a voice recognition feature is activated by a user shall not be deemed to be a user. (c) “Voice recognition feature” means the function of a connected television that allows the collection, recording, storage, analysis, transmission, interpretation, or other use of spoken words or other sounds, except that this term shall not include voice commands that are not recorded or transmitted beyond the connected television. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.22.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
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Any waiver of this chapter is void and unenforceable.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.22. Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.23.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
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The Attorney General or a district attorney may bring civil actions to enforce this chapter, and a court may enjoin knowing violations. Violators may face a civil penalty of up to $2,500 for each connected television sold or leased in violation of the chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.23. (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action. (b) A court may enjoin a person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter. (c) A person who knowingly engages, has engaged, or proposes to engage, in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each connected television sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.24.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
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The chapter’s remedies and penalties can be used together and alongside other California state law remedies and penalties.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.24. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.25.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. )
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This section says the chapter is severable: if one provision or its application is invalid, the rest can still remain effective when they can work without it.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35. Connected Televisions [22948.20 - 22948.25] ( Chapter 35 added by Stats. 2015, Ch. 524, Sec. 1. ) ## 22948.25. The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2015, Ch. 524, Sec. 1. (AB 1116) Effective January 1, 2016.)
22948.3.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. )
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This section lets certain affected people sue over violations of Section 22948.2, and lets the Attorney General or a district attorney seek an injunction and civil penalties.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 33. Anti-Phishing Act of 2005 [22948 - 22948.3] ( Chapter 33 added by Stats. 2005, Ch. 437, Sec. 1. ) ## 22948.3. (a) The following persons may bring an action against a person who violates or is in violation of Section 22948.2: (1) A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affected by a violation of Section 22948.2. An action brought under this paragraph may seek to recover the greater of actual damages or five hundred thousand dollars ($500,000). (2) An individual who is adversely affected by a violation of Section 22948.2 may bring an action, but only against a person who has directly violated Section 22948.2. An action brought under this paragraph may seek to enjoin further violations of Section 22948.2 and to recover the greater of three times the amount of actual damages or five thousand dollars ($5,000) per violation. (b) The Attorney General or a district attorney may bring an action against a person who violates or is in violation of Section 22948.2 to enjoin further violations of Section 22948.2 and to recover a civil penalty of up to two thousand five hundred dollars ($2,500) per violation. (c) In an action pursuant to this section, a court may, in addition, do either or both of the following: (1) Increase the recoverable damages to an amount up to three times the damages otherwise recoverable under subdivision (a) in cases in which the defendant has engaged in a pattern and practice of violating Section 22948.2. (2) Award costs of suit and reasonable attorney’s fees to a prevailing plaintiff. (d) The remedies provided in this section do not preclude the seeking of remedies, including criminal remedies, under any other applicable provision of law. (e) For purposes of paragraph (1) of subdivision (a), multiple violations of Section 22948.2 resulting from any single action or conduct shall constitute one violation. (Added by Stats. 2005, Ch. 437, Sec. 1. Effective January 1, 2006.)
22948.30.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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This section defines key terms used in the connected devices chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.30. For purposes of this chapter, the following definitions apply: (a) “Account manager” means a person or entity that provides an individual an internet-based or app-based user account, or a third party that manages those user accounts on behalf of that person or entity, that has authority to make decisions regarding user access to those user accounts. (b) (1) “Connected device” means any device, or other physical object that is capable of connecting to the internet, directly or indirectly, and that is assigned an internet protocol address or Bluetooth address or enables a person to remotely obtain data from or send commands to a connected device or account, which may be accomplished through a software application that is designed to be operated on a mobile device, computer, or other technology. (2) “Connected device” does not include either of the following: (A) Peripheral or component devices that are solely dependent on a primary connected device for internet connectivity and that cannot be independently accessed, remotely disabled, or disconnected by a user or service provider. (B) A connected device that is more than 10 years old or is no longer supported by the account manager. (c) (1) “Covered act” means conduct that constitutes any of the following: (A) A crime described in Chapter 8 (commencing with Section 236) of Title 8 of Part 1 of the Penal Code. (B) A crime described in Chapter 1 (commencing with Section 261), Chapter 2 (commencing with Section 270), Chapter 2.5 (commencing with Section 273.8), Chapter 4 (commencing with Section 277), Chapter 5 (commencing with Section 281), Chapter 5.5 (commencing with Section 290), Chapter 7.5 (commencing with Section 311), Chapter 7.6 (commencing with Section 313), or Chapter 8 (commencing with Section 314) of Title 9 of Part 1 of the Penal Code. (C) An act under federal law, tribal law, or the Uniform Code of Military Justice that is similar to an offense described in subparagraph (A), (B), (D), or (E). (D) Domestic violence, as defined in Section 6211 of the Family Code. (E) A misdemeanor described in subdivision (e) of Section 243 of the Penal Code. (2) Nothing in paragraph (1) shall be construed to require a criminal conviction or any other determination of a court in order for conduct to constitute a covered act. (d) “Device access” means the ability to remotely control a connected device, remotely change the characteristics of a connected device, or remotely view or manipulate data collected by or through a connected device, by accessing a user account or accounts associated with the connected device. Acts that require device access include, but are not limited to, remotely manipulating an audio system, security system, light fixture, or other home appliance or fixture. (e) “Device protection request” means a request by a survivor to terminate or disable a perpetrator’s access to a connected device or account, including, but not limited to, the ability of a person to obtain data from or send commands to a connected device or account. (f) “Perpetrator” means an individual who has committed or allegedly committed a covered act against a survivor or an individual under the care of a survivor. (g) “Survivor” means an individual who has had a covered act committed, or allegedly committed, against the individual, or who cares for another individual against whom a covered act has been committed or allegedly committed, provided that the individual providing care did not commit or allegedly commit the covered act. (h) “User account or account” means an account or other means by which a person enrolls in or obtains access to a connected device or online service. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.31.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
Verify source ↗

A survivor or the survivor’s representative may ask an account manager to block a perpetrator’s access to a connected device or account, and the account manager must process the request under the section’s rules.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.31. (a) A survivor, or a designated representative of a survivor, may submit a device protection request to an account manager seeking to terminate a perpetrator’s access to a connected device or associated user account. (b) A device protection request shall include all of the following: (1) A verification that the perpetrator has committed or allegedly committed a covered act against the survivor or an individual in the survivor’s care, by providing either of the following: (A) A copy of a signed affidavit from a licensed medical or mental health care provider, licensed military medical or mental health care provider, licensed social worker, victim services provider, or licensed military victim services provider, a temporary restraining order, an emergency protective order, or a protective order lawfully issued pursuant to Section 527.6 of the Code of Civil Procedure, Part 3 (commencing with Section 6240) or Part 4 (commencing with Section 6300) of Division 10 of the Family Code, or Section 136.2 of the Penal Code. (B) A copy of a police report, statements provided by police, including military police, to magistrates or judges, charging documents, protective or restraining orders, military protective orders, or any other official record that documents the covered act, including a copy of a written report by a peace officer employed by a state or local law enforcement agency acting in the peace officer’s official capacity stating that the individual has filed a report alleging victimization of an act or crime. (2) Verification of the survivor’s exclusive legal possession or control of the connected device, including, but not limited to, a dissolution decree, temporary restraining order, protective order, domestic violence restraining order, or other document indicating the survivor’s exclusive use care, possession, or control of the connected device. (3) Identification of the connected device or devices. (4) Identification of the person that the requester seeks to deny device or account access. (c) An account manager shall offer a survivor or a designated representative of a survivor the ability to submit a device protection request under subdivision (b) through secure remote means that are easily navigable. Except as specified under subdivision (b), an account manager shall not require a specific form of documentation to submit a device protection request. (d) Within two business days of receiving a complete device protection request, the account manager shall do one of the following: (1) Terminate or disable the identified perpetrator’s access to the connected device or user account, and notify the survivor or their representative that access has been successfully denied. (2) Inform the survivor, in a clear and conspicuous manner, of any methods to reset the device to factory settings or to a similar state that removes all account holders. A reset method is one that does not require the survivor to possess a personal identification number (PIN), password, or other access credential, and shall be available solely by virtue of the survivor’s physical proximity to the device. (e) An account manager shall clearly describe the process under this section to submit a device protection request, including required documentation and available remedies, on its internet website and any associated mobile application. (f) An account manager shall not require any of the following as a condition for processing a device protection request: (1) Payment of a fee, penalty, or other charge for the survivor or a designated representative of the survivor to submit a request, or for the account manager to carry out the request. (2) Approval of the device protection request by any person who has device or account access that is not the survivor. (3) An increase in the rate charged for the account if any subscription fee or other recurring charge for account access applies. (4) Any other requirement not listed under subdivision (b). (g) An account manager shall not deny a device protection request due to arrears accrued by the account or associated with the connected device. (h) An account manager shall not notify the perpetrator of the access termination and shall not disclose any data, credentials, or account changes relating to the survivor or any new account created after the perpetrator’s access is removed. (i) A survivor shall not be financially responsible for any amount incurred or charged to the connected device or associated account by the perpetrator after the perpetrator’s access has been terminated under this chapter. (j) (1) An account manager and any officer, director, employee, vendor, or agent thereof shall treat any information submitted by a survivor or a designated representative of a survivor under this section as confidential and securely dispose of the information not later than 90 days after receiving the information. (2) Nothing in paragraph (1) shall be construed to prohibit an account manager from maintaining, for longer than the period specified in that paragraph, a record that verifies that a survivor or a designated representative of a survivor fulfilled the conditions of a device protection request under subdivision (b). (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.32.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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This section sets enforcement rules for violations involving connected devices, including civil suits, injunctions, penalties, and fee recovery.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.32. (a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter. (2) A perpetrator that maintains or exercises device or account access, including by disturbing the peace of the other party, as described in subdivision (c) of Section 6320 of the Family Code, despite having their device or account access denied pursuant to subdivision (a) of Section 22948.31, shall be deemed in violation of this chapter. (b) (1) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought by any person injured by the violation or in the name of the people of the State of California by the Attorney General, a district attorney, county counsel, a city attorney, or a city prosecutor. (2) A court may enjoin a person or entity who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent or remedy a violation of this chapter. (3) A person or entity who engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation for each connected device in violation of this chapter. If multiple violations of this chapter are alleged in any civil action, they shall be specifically alleged, and a court of competent jurisdiction shall make specific findings as to each violation. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney or county counsel, the penalty shall be paid to the treasurer of the county in which the judgment was entered. If the action is brought by a city attorney or city prosecutor, the penalty shall be paid to the treasurer of the city in which the judgment was entered. If the action is brought by a person injured by the violation, the penalty shall be awarded to that person. (c) The prevailing plaintiff in any action commenced under this section shall be entitled to recover court costs and reasonable attorney’s fees. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.33.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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A waiver of this chapter’s provisions is void, unenforceable, and contrary to public policy.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.33. Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.34.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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This section says the chapter’s duties, obligations, remedies, and penalties are cumulative and do not replace other legal duties, obligations, remedies, or penalties.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.34. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law. (b) The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.35.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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Entities subject to the federal Safe Connections Act of 2022, or FCC regulations under that law, are not subject to this chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.35. Notwithstanding any other provision of this chapter, any entity that is subject to the federal Safe Connections Act of 2022 (Public Law 117-223) or regulations of the Federal Communications Commission adopted pursuant to the authority of that law, shall not be subject to this chapter. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.36.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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Entities subject to the specified Vehicle Code chapter are not subject to this chapter.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.36. Notwithstanding any other provision of this chapter, an entity that is subject to Chapter 6 (commencing with Section 28200) of Division 12 of the Vehicle Code shall not be subject to this chapter. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.37.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. )
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The chapter’s provisions are severable, so if one part or its application is invalid, the rest can still operate if they can stand on their own.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 35.5. Connected Devices [22948.30 - 22948.37] ( Chapter 35.5 added by Stats. 2025, Ch. 676, Sec. 2. ) ## 22948.37. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2025, Ch. 676, Sec. 2. (SB 50) Effective January 1, 2026.)
22948.5.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. )
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This section defines several terms used in the chapter, including federally unlicensed spectrum, small office, spectrum, wireless access point, and wireless client.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. ) ## 22948.5. For purposes of this chapter, the following terms have the following meanings: (a) “Federally unlicensed spectrum” means a spectrum for which the Federal Communications Commission does not issue a specific license to a user, but instead certifies equipment that may be used in a segment of spectrum designated for shared use. (b) “Small office” means a business with 50 or fewer employees within the company. (c) “Spectrum” means the range of frequencies over which electromagnetic signals can be sent, including radio, television, wireless Internet connectivity, and every other communication enabled by radio waves. (d) “Wireless access point” means a device, such as a premises-based wireless network router or a wireless network bridge, that allows wireless clients to connect to it in order to create a wireless network for the purpose of connecting to an Internet service provider. (e) “Wireless client” means a wireless device that connects to a wireless network for the purpose of connecting to an Internet service provider. (Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)
22948.50.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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Manufacturers and dealers must give specific disclosures about new vehicles with in-vehicle cameras, and buyers or lessees have a right to review the relevant manual or documents before purchase.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.50. (a) A manufacturer of a new motor vehicle model that is equipped standard with one or more in-vehicle cameras that is sold or leased in this state shall disclose that fact in the owner’s manual for the vehicle. If a vehicle is equipped with one or more in-vehicle cameras and the camera does not come standard with the vehicle model, the manufacturer shall disclose that the vehicle is equipped with one or more in-vehicle cameras in a document sent to the dealer of the vehicle, which may include the vehicle specification sheet. (b) (1) A dealer shall not provide for the sale or lease of a new motor vehicle equipped with one or more in-vehicle cameras in this state without prominently informing, during the purchase of the vehicle, and in accordance with the procedures of paragraphs (2) and (3), either the user or the person designated by the user to purchase the vehicle. (2) Prior to the execution of the conditional sales contract for a vehicle, the dealer shall provide to the user, or the person designated by the user to purchase the vehicle, a separate disclosure, either written or electronic, acknowledging the existence and operation of an in-vehicle camera in the purchased vehicle, and shall obtain the written or electronic signature of the user or purchaser on that disclosure. The disclosure shall meet all of the following criteria: (A) Be contained on a single document or single internet website that is separate from the conditional sales contract, purchase order, and any other document. (B) Contain the following language, written in at least 20-point bold type: “This vehicle may be equipped with an in-vehicle camera capable of recording the driver and other individuals inside the vehicle. For more information about the in-vehicle camera please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. The manufacturer is required to notify the dealer about an in-vehicle camera in the owner’s manual, specification sheet, or other document. A buyer or lessee of a vehicle has a right to review the owner’s manual or any other provided document prior to purchase to determine if an in-vehicle camera exists. For more information about the in-vehicle camera, please consult your automotive dealer, the vehicle manufacturer, or the vehicle owner’s manual. If a manufacturer or other person or entity obtains or shares any video or photographs without your consent and in violation of law, they may be subject to legal action, including, but not limited to, via a county district attorney, the state attorney general, or otherwise as described in Sections 22948.51 and 22948.55 of the Business and Professions Code. By law, signing this acknowledgment form does not waive any rights of the user or constitute consent to a manufacturer to share, sell, or retain any images or videos captured by the in-vehicle camera.” (C) Include a signature or acknowledgment box that the buyer or lessee, or their representative, has reviewed the disclosure language identified in subparagraph (B) and understands their right to review, before purchasing or leasing the vehicle, the vehicle owner’s manual and any other information provided by the manufacturer pertaining to in-vehicle cameras. (3) A buyer or lessee of a vehicle has a right to review the owner’s manual or any other document, if any is provided by the manufacturer, prior to purchase to determine if an in-vehicle camera exists. (c) A dealer shall not be held liable for a violation of subdivision (b) if the manufacturer of that vehicle is in violation of subdivision (a) with respect to that vehicle. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.51.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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Images or videos from an in-vehicle camera generally cannot be used for advertising, sold, or shared except in listed situations. The provider must also offer free, easy ways to revoke consent and delete covered data within 30 days after revocation.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.51. (a) Any image or video recording collected or retained through the operation of an in-vehicle camera shall not be: (1) Used for any advertising. (2) Sold to a third party. (3) Shared with a third party unless any of the following apply: (A) The user has provided affirmative prior consent, and all of the following requirements are met: (i) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose affirmatively consented to by the consumer, do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared. (ii) The user receives clear, meaningful notice prior to the sharing of the images or video recordings, including the party or parties with whom the images or recordings will be shared, and the purpose for which the images or recordings will be shared. (B) (i) The images or video recordings are shared with a third party only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera. (ii) Recipients of images or video recordings shared pursuant to this subparagraph do not use the images or video recordings for any purpose other than a purpose specified in clause (i), do not share or transmit the images or video recordings, and do not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared. (C) The images or video recordings are shared with a third party in order to comply with a valid verifiable consumer request pursuant to Title 1.81.5 (commencing with Section 1798.100) of Part 4 of Division 3 of the Civil Code. (D) The images or video recordings are shared with a third party pursuant to a records request, including, but not limited to, a request pursuant to subdivision (b) of Section 832.7 of the Penal Code or Section 7923.625 of the Government Code or Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure. (4) Retained at any location, other than the vehicle itself, unless either of the following apply: (A) The user has provided affirmative prior consent. (B) The images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera. (5) Downloaded, retrieved, or otherwise accessed by a person or entity other than the user, unless either of the following apply: (A) The user has provided affirmative prior consent. (B) (i) Subject to clause (ii), the images or video recordings are retained only to the extent necessary to diagnose, service, or repair the in-vehicle camera or vehicle equipment that relies on or utilizes the in-vehicle camera, or improve portions of a vehicle’s safety system that rely on or utilize the in-vehicle camera. (ii) The person or entity that downloads, retrieves, or otherwise accesses the images or recordings does not use the images or video recordings for any purpose other than the purpose specified in clause (i), does not share or transmit the images or video recordings, and does not retain the images or video recordings longer than reasonably necessary to fulfill the purpose for which they were shared. (b) (1) A person or entity that provides the operation of an in-vehicle camera in this state shall provide effective mechanisms, without any cost, penalty, or unnecessary steps, for a consumer to revoke their consent pursuant to subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a) after it is given. At least one of these mechanisms shall utilize the primary medium through which the person or entity communicates with users. (2) A person or entity subject to paragraph (1) shall honor the user’s consent revocation, and shall delete from all locations other than the vehicle itself any image or recording associated with that user that has been collected, retained, downloaded, or retrieved by that person or entity under subparagraph (A) of paragraph (3) of subdivision (a), subparagraph (A) of paragraph (4) of subdivision (a), and subparagraph (A) of paragraph (5) of subdivision (a), as soon as practicable, but not later than 30 days after the user revokes consent. (c) A person or entity shall not discriminate against a user because the user has exercised any of their rights under this chapter. Discriminatory acts shall include, but not be limited to, the following: (1) Denying goods, services, or benefits to the user. (2) Charging different prices or rates for goods or services, including through the use of discounts or other incentives or imposing penalties. (3) Providing a different level or quality of goods, services, or benefits to the user. (4) Suggesting that the user will receive a different price or rate for goods, services, or benefits, or a different level or quality of goods, services, or benefits. (5) Considering the user’s exercise of rights under this chapter as a basis for suspicion of criminal wrongdoing or unlawful conduct. (d) Images or video recordings retained through the operation of an in-vehicle camera may be retrieved or shared without the user’s permission if any of the following apply: (1) In a court, arbitration, or other judicial or administrative authority, the video recordings are subject to the standards for admission into evidence required by that court, arbitrator, or other administrative authority. (2) (A) The images or video recordings are retrieved pursuant to an investigation or inspection authorized under Section 1131(a) or 30166 of Title 49 of the United States Code, and the personal information of an owner or a lessee of the vehicle, including the vehicle identification number, is not disclosed in connection with the video recordings retrieved pursuant to this subparagraph. (B) Notwithstanding subparagraph (A), a vehicle identification number may be disclosed to the manufacturer or other entity responsible for providing the images or video recordings pursuant to subparagraph (A). (3) The images or video recordings are retrieved for the purpose of immediately determining the need for, or facilitating, emergency medical response to a motor vehicle crash. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, any image or video recording collected or retained through the operation of an in-vehicle camera may be shared with a third party, retained at a location other than the vehicle, or downloaded, retrieved, or otherwise accessed by a person or entity other than the user to comply with a preservation request pursuant to Chapter 119 or 121 of Title 18 of the United States Code, or a lawful subpoena, court order, or search warrant. (2) Paragraph (1) shall not be construed to relieve a person or entity from compliance with the California Electronic Communications Privacy Act (Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code), including, but not limited to, Section 1546.5 of the Penal Code. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.52.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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A person or entity may not compel an in-vehicle camera manufacturer or operator to add features meant to let investigative or law enforcement officers monitor communications.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.52. A person or entity shall not compel a manufacturer or other entity providing the operation of an in-vehicle camera to build specific features for the purpose of allowing an investigative or law enforcement officer to monitor communications through that feature. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.53.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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This section defines key terms used in the chapter on in-vehicle cameras.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.53. For purposes of this chapter, the following definitions shall apply: (a) (1) “Affirmative prior consent” means a user’s freely given, informed, and unambiguous affirmative authorization for the prospective sharing or retention of their in-vehicle camera recordings or images, in accordance with the requirements of subdivision (a) of Section 22948.51, in one of the following forms: (A) A page on the vehicle manufacturer’s internet website clearly dedicated to privacy where the user can acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. This acknowledgment of consent shall not be given in combination with any other acknowledgment, consent, or agreement. (B) A user’s response to a mail form sent by the vehicle manufacturer and returned by the user with their signature acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. (C) A user’s signature on a written or electronic form, at the time of the vehicle purchase, acknowledging their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The form shall be contained on a single document or single internet page, written in at least 20-point bold font, that is separate from the conditional sales contract, purchase order, or any other document or internet page. (D) A dedicated prompt displayed on a screen located on the vehicle’s center console which allows the user to acknowledge their consent to have their in-vehicle camera recordings or images shared or retained pursuant to subdivision (a) of Section 22948.51. The prompt shall meet all of the following criteria: (i) Outline the limited sharing or retention for which the user may give consent under subdivision (a) of Section 22948.51, and provide a description of how the user may acknowledge or revoke consent in the future. (ii) Only allow the user to give consent pursuant to the provisions of subdivision (a) of Section 22948.51, and shall not be used to provide consent for any other purpose or be used in conjunction with any other separate acknowledgment of consent. (iii) Be displayed to the user only in any of the following instances: (I) The initial setup of the vehicle during or after purchase. (II) When diagnoses, service, or repair of the in-vehicle camera, or vehicle equipment that relies on or utilizes the in-vehicle camera, is required. (III) When the user chooses, through a setting on the vehicle’s center console, to view the prompt for the purpose of acknowledging or revoking consent. (2) “Affirmative prior consent” shall not include any of the following: (A) Acceptance of a general or broad terms of use, or similar document, that contains descriptions of sharing or retention of in-vehicle camera recordings or images along with other, unrelated information. (B) Hovering over, muting, pausing, or closing a given piece of content in an electronic format. (C) Agreement obtained through a user interface designed or manipulated with the substantial effect of subverting or impairing user autonomy, decisionmaking, or choice. (b) “Dealer” has the same meaning as set forth in Section 285 of the Vehicle Code. (c) “In-vehicle camera” means any device included as part of a vehicle by the manufacturer that is designed to, or is capable of, recording images or video inside the cabin of the vehicle. (d) “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or consumer device. (e) “User” means a person who originally purchases, leases, or takes ownership of a vehicle equipped with an in-vehicle camera. A person who is incidentally recorded when a vehicle is operated by a user shall not be deemed to be a user. (f) “Vehicle manufacturer” or “manufacturer” has the same meaning as set forth in Section 672 of the Vehicle Code. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.54.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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A waiver of this chapter is void, unenforceable, and contrary to public policy.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.54. Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.55.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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The Attorney General or a district attorney may bring civil actions for relief under this chapter, and courts may issue injunctions and other orders to stop violations. A person who knowingly violates the chapter can be liable for up to $2,500 per vehicle sold or leased in violation.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.55. (a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed to create a private right of action, or limit any existing private right of action. (b) A court may enjoin a person who engages, has engaged, or proposes to engage in a violation of this chapter. The court may make any orders or judgments as may be necessary to prevent a violation of this chapter. (c) A person who knowingly engages, has engaged, or proposes to engage in a violation of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each vehicle equipped with an in-vehicle camera sold or leased in violation of this chapter. If the action is brought by the Attorney General, the penalty shall be deposited into the General Fund. If the action is brought by a district attorney, the penalty shall be paid to the treasurer of the county in which the judgment was entered. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.56.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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The chapter’s remedies or penalties can be used together and also alongside remedies or penalties available under other state laws.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.56. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.57.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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This chapter preserves consumer privacy rights and business privacy obligations under other applicable law, and it does not apply where it would interfere with certain noncommercial activities.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.57. (a) This chapter does not reduce the rights afforded to a consumer or the obligations imposed on a business pursuant to any applicable state or federal law for the protection of individual privacy. (b) In the event of a conflict between this chapter and any other state law, the provisions of the law that afford the greatest protection for the right of privacy for consumers shall control. (c) The rights afforded to consumers and the obligations imposed on any business pursuant to this chapter do not apply to the extent that they infringe on the noncommercial activities of a person or entity described in subdivision (b) of Section 2 of Article I of the California Constitution. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.58.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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This chapter does not apply to cameras in vehicles primarily used for commercial purposes, including buses, motortrucks, and truck tractors.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.58. (a) This chapter shall not apply to cameras installed in vehicles that are primarily for commercial use, including buses, as defined in Section 233 of the Vehicle Code, motortrucks, as defined in Section 410 of the Vehicle Code, and truck tractors, as defined in Section 655 of the Vehicle Code. (b) Nothing in this chapter authorizes the sale or advertising for commercial use of any image or video depicting a commercial driver without their consent. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.59.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. )
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This chapter is severable, so if one part or its application is invalid, the rest can still operate if they can work without it.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 36. In-Vehicle Cameras [22948.50 - 22948.59] ( Chapter 36 added by Stats. 2023, Ch. 864, Sec. 1. ) ## 22948.59. The provisions of this chapter are severable. If any provision of this chapter or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2023, Ch. 864, Sec. 1. (SB 296) Effective January 1, 2024.)
22948.6.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. )
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Devices with integrated and enabled wireless access points sold new in California for small office, home office, or residential use must include one of several consumer warning or protection features.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. ) ## 22948.6. (a) A device that includes an integrated and enabled wireless access point, such as a premises-based wireless network router or wireless access bridge, that is for use in a small office, home office, or residential setting and that is sold as new in this state for use in a small office, home office, or residential setting shall be manufactured to comply with one of the following: (1) Include in its software a security warning that comes up as part of the configuration process of the device. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by providing the consumer with instructions to protect his or her wireless network connection from unauthorized access, which may refer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access. (2) Have attached to the device a temporary warning sticker that must be removed by the consumer in order to allow its use. The warning shall advise the consumer how to protect his or her wireless network connection from unauthorized access. This requirement may be met by advising the consumer that his or her wireless network connection may be accessible by an unauthorized user and referring the consumer to a product manual, the manufacturer’s Internet Web site, or a consumer protection Internet Web site that contains accurate information advising the consumer on how to protect his or her wireless network connection from unauthorized access. (3) Provide other protection on the device that does all of the following: (A) Advises the consumer that his or her wireless network connection may be accessible by an unauthorized user. (B) Advises the consumer how to protect his or her wireless network connection from unauthorized access. (C) Requires an affirmative action by the consumer prior to allowing use of the product. Additional information may also be available in the product manual or on the manufacturer’s Internet Web site. (4) Provide other protection prior to allowing use of the device, that is enabled without an affirmative act by the consumer, to protect the consumer’s wireless network connection from unauthorized access. (b) This section shall only apply to devices that include an integrated and enabled wireless access point and that are used in a federally unlicensed spectrum. (c) This section shall only apply to products that are manufactured on or after October 1, 2007. (Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)
22948.7.
## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. )
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This chapter is severable: if one provision or its application is invalid, the rest can still operate.

## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 34. Network Security [22948.5 - 22948.7] ( Chapter 34 added by Stats. 2006, Ch. 860, Sec. 2. ) ## 22948.7. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application. (Added by Stats. 2006, Ch. 860, Sec. 2. Effective January 1, 2007.)

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