- (a) Notwithstanding the previous placement of a Brand Style on the UTL, the Attorney General shall initiate removal of a Brand Style from the UTL if the Attorney General determines the Brand Style has a Characterizing Flavor.
- (b) The Attorney General shall initiate removal from the UTL any Brand Style that is ineligible for listing under Section 948.
- (c) The Attorney General shall initiate removal of a Brand Style from the UTL under subdivision (a) or (b) of this Section or Sections 947, 948, 949, 951, or 952 by providing Applicant of a Brand Style a notice of initiation of removal identifying the basis for the Attorney General's removal of the Brand Style and communicating the Attorney General's intention to remove the Brand Style from the UTL in sixty (60) days, or, for removals under Section 951, on or after June 30 of that year. The Attorney General shall notify Applicant of any modifications to the notice of initiation of removal if the basis for the removal changes.
- (d) Pursuant to Health and Safety Code section 104559.1, subdivision (f)(2)(B), thirty (30) days after the notice of initiation of removal or modified notice is provided to Applicant under subdivision (c) of this Section, the Attorney General shall provide Applicant a final notice of removal identifying the basis for the Attorney General's determination. The final notice of removal shall notify Applicant that the Brand Style will be removed in thirty (30) days from the date of the final notice of removal, or, for removals under Section 951, on or after June 30 of that year. On the same day a final notice of removal is provided to Applicant, a public notice will be posted on the Attorney General's website at https://utl.doj.ca.gov communicating the Attorney General's intention to remove the Brand Style from the UTL in thirty (30) days, or, for removals under Section 951, on or after June 30 of that year.
- (e) On the same day a Brand Style is removed from the UTL, a public notice will be posted on the Attorney General's website at https://utl.doj.ca.gov communicating the Brand Style's removal from the UTL.
- (f) If at any time after Applicant receives a notice of initiation of removal or modified notice under subdivision (c) of this Section and before actual removal of the Brand Style from the UTL under subdivision (e) of this Section, Applicant provides additional materials to the Attorney General that modify the Attorney General's determination to remove the Brand Style under subdivision (a)-(b) of this Section or Sections 947, 948, 949, 951, or 952, the Attorney General shall notify Applicant of the modified determination and, if a public notice of the Attorney General's intention to remove was posted under subdivision (d) of this Section, a public notice will be posted of the modified determination on the Attorney General's website at https://utl.doj.ca.gov. A modified determination will rescind or alter the Attorney General's original determination to remove the Brand Style.
Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.
History
1. New section filed 8-25-2025 as an emergency; operative 8-25-2025 (Register 2025, No. 35). A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 2-18-2026 as an emergency; operative 2-24-2026 (Register 2026, No. 8). A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 5-21-2026 as an emergency; operative 5-27-2026 (Register 2026, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 5-21-2026 order transmitted to OAL 5-7-2026 and filed 6-19-2026 (Register 2026, No. 25).