Cal. Code Regs. tit. 17 § 94807

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 94807 - Notice to Distributors, Retailers, and Sellers

Within 12 months of the effective date of this regulation, manufacturers of uncertified indoor air cleaning devices manufactured, sold, supplied, offered for sale, or introduced into commerce in California must submit documentation that they have provided to all of their known distributors, retailers, and sellers who supply, offer to sell, or sell in California true and accurate copies of the final regulation adopted by CARB and filed with the California Secretary of State. Accepted documentation of a mailed notification will include a hard copy of the materials mailed and the associated mailing list with complete contact information for each address submitted to the CARB Executive Officer, P.O. Box 2815, Sacramento, CA 95812, Attn: Indoor Air Cleaning Device Certification. The documentation may also be submitted by email at aircleaners@arb.ca.gov or via another CARB-approved method. Accepted documentation of an email notification will include a copy of the email and the complete contact information for each email address submitted to the CARB Executive Officer. Such information may be kept confidential upon request as specified in Sections 91000 et seq. of title 17, chapter 1, subchapter 4 (Disclosure of Records) of the California Code of Regulations.

For new distributors, retailers and sellers who become known to manufacturers of uncertified devices after manufacturers' initial notification to their distributors and retailers, manufacturers must provide similar notice to them and provide contact information to CARB annually. Manufacturers subject to this section must keep updated records of the notifications made pursuant to this section for as long as the device is manufactured, advertised, or marketed, and maintain the records for at least five years. The records must be made available to CARB upon request. Non-compliance with this provision may result in all penalties authorized by law, including fines.

Cal. Code Regs. Tit. 17, § 94807

1. New section filed 9-18-2008; operative 10-18-2008 (Register 2008, No. 38).
2. Amendment filed 9-8-2020; operative 10-1-2020 pursuant to Government Code section 11343.4 (Register 2020, No. 37).

Note: Authority cited: Section 41986, Health and Safety Code. Reference: Sections 41985, 41985.5 and 41986, Health and Safety Code; and Sections 91000 et seq. of Title 17, Chapter 1, Subchapter 4 of the California Code of Regulations.

1. New section filed 9-18-2008; operative 10-18-2008 (Register 2008, No. 38).
2. Amendment filed 9-8-2020; operative 10/1/2020 pursuant to Government Code section 11343.4 (Register 2020, No. 37).