Bill Text: CA AB2899 | 2021-2022 | Regular Session | Enrolled

California Assembly Bill 2899 (Prior Session Legislation)

Bill Title: California Hazardous Substances Act: misbranded and banned hazardous substances: hearing procedure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2022-08-15 - Consideration of Governor's veto stricken from file. [AB2899 Detail]

Download: California-2021-AB2899-Enrolled.html

Enrolled July 01, 2022

Passed IN Senate June 30, 2022

Passed IN Assembly May 12, 2022

Amended IN Assembly April 20, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2899

Introduced by Assembly Member Ting

February 18, 2022

An act to amend Section 108390 of the Health and Safety Code, relating to hazardous substances.

LEGISLATIVE COUNSEL'S DIGEST

AB 2899, Ting. California Hazardous Substances Act: misbranded and banned hazardous substances: hearing procedure.

The California Hazardous Substances Act prohibits the manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within the State of California, or the introduction into this state, of any package of a misbranded hazardous substance or banned hazardous substance. Under existing law, when a misbranded hazardous substance or a banned hazardous substance is detained or quarantined, as provided, the State Department of Public Health is required to commence proceedings against the article in the superior court of the county or city and county in which the article is detained or quarantined, as provided. Existing law requires the clerk of the court to fix a time and place for the hearing, and cause notices to be prepared notifying all persons who may claim an interest in the article of the time and place of the hearing. Existing law requires a copy of the petition and notice to be posted for 14 days in at least 3 public places in the city or city and county where the court is held, and in a conspicuous place where the article is detained or quarantined.

This bill would instead require a copy of the petition and notice to be posted, for 21 days, at the department’s internet website, the internet website of the superior court in which the hearing will occur, at least 3 public places in the city or city and county where the court is held, and a conspicuous place where the article is detained or quarantined.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 108390 of the Health and Safety Code is amended to read:

108390.

(a) When a misbranded hazardous substance or a banned hazardous substance is detained or quarantined under this article, the department shall commence proceedings in the name of the people of the State of California against the article in the superior court of the county or city and county in which the article is detained or quarantined by petitioning the court for a judgment to forfeit, condemn, and destroy the article.

(b) (1) Upon the filing of the petition, the clerk of the court shall fix a time and place for the hearing thereof, and cause notices thereof to be prepared notifying all persons who may claim an interest in the article of the time and place of the hearing. A copy of the petition and notice shall be posted for 21 days at all of the following locations:

(A) The department’s internet website.

(B) The internet website of the superior court in which the hearing will occur.

(D) A conspicuous place where the article is detained or quarantined.

(2) A copy of the petition and notice shall also be served upon each person in possession of the article and on each owner or claimant whose name and address is known. The service may be made by personal service or by registered mail by mailing a copy of the notice and petition by registered mail to the last known address of the person.

(c) At any time prior to the date of the hearing any person in possession of the article, or owner thereof or claimant thereto, may file an answer that may include a prayer for a judgment of release of the article or relief in accordance with Sections 108400 and 108405.

(d) At the time set for the hearing, the court shall commence to hear and determine the proceeding, but may, for good cause shown, continue the hearing to a day certain; provided, the court shall finally determine all the issues presented by the petition.