(3) After January 1, 2025, the department may select and test additional samples upon appropriation by the Legislature.
(c)
(d) The department shall publish on its internet website information regarding the testing performed pursuant to this section, including, but not limited to, all of the following:
(1) The department’s timeline for choosing testing samples, testing, and publishing results.
(2) A list of products the department intends to test.
(3) The procedures the department intends to use in testing each product.
(4) The test results for each product.
(e) (1) If the department’s testing
shows that any product is in violation of Chapter 12.5 (commencing with Section
108945) or Chapter 15 (commencing with Section 109000), the department may assess administrative fines against the manufacturer of the product.
(2) If a person continues to sell or distribute products in commerce in this state belonging to the same stock keeping unit (SKU) as products that do not comply with Chapter 12.5 (commencing with Section 108945) or Chapter 15 (commencing with Section 109000) after notice of the violation is posted on the department’s internet website, the department may assess administrative fines against that person for the continued sale or distribution of those products.
(3) The department shall make information about any citation issued pursuant to this section available to the public on its internet website, and shall
develop a process for keeping interested persons informed about updates to notices of violation posted on the department’s internet website.
(d)
(f) An administrative fine for a violation of this section shall be assessed in accordance with the following schedule:
(1) The fine for the first violation shall be not less than one thousand dollars ($1,000), but not more than two thousand five hundred dollars ($2,500).
(2) The fine for the second violation shall be not less
than two thousand five hundred dollars ($2,500), but not more than five thousand dollars ($5,000).
(3) The fine for the third violation shall be not less than five thousand dollars ($5,000), but not more than seven thousand five hundred dollars ($7,500).
(4) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500), but not more than ten thousand dollars ($10,000).
(e)
(g) In determining the amount of the administrative fine
for a violation of this section, the department shall consider the following factors:
(1) The nature and severity of the violation.
(2) The good or bad faith of the cited person.
(3) The history of previous violations.
(4) Evidence that the violation was willful.
(5) The extent to which the cited person or entity has cooperated with the department.
(f)
(h) (1) The department shall adjust all minimum and maximum administrative fines imposed by this section for inflation every five years.
(2) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:
(A) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).
(B) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).
(C) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).
(g)
(i) The department shall deposit all fines collected pursuant to this chapter into the Chapters 12.5 and 15 Fine Account, which is hereby created in the State Treasury. Upon appropriation by the Legislature, moneys in the Chapters 12.5 and 15 Fine Account shall be available for expenditure by the department to enforce this chapter.
(j) The department shall receive complaints from consumers concerning perfluoroalkyl and polyfluoroalkyl substances in products regulated by this section that are sold in this state.
(h)The department may adopt guidance to implement, interpret, or make specific this section and Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section 109000).
(k) This chapter does not limit or restrict the enforcement authority of the Attorney General or a district attorney to enforce Chapters 12.5 (commencing with Section 108945) and 15 (commencing with Section
109000).