1. (a) To assess civil penalties under Health and Safety Code section 104559.1, subdivision (o)(3), against the distributor, wholesaler, or delivery seller, the Attorney General will either bring a civil action brought in the name of the People of the State of California or serve a written citation by personal service or certified mail that states the basis of the violation and the amount of the penalty.

2. (b) In determining the amount assessed, the Attorney General will take into consideration all relevant circumstances, including:

   1. (1) The nature and severity of the violation.
   2. (2) History of violations of the same or similar nature.
   3. (3) The good or bad faith exhibited by the cited person or entity.
   4. (4) The extent to which the cited person or entity has cooperated with the Attorney General.
   5. (5) The size and resources of the cited person or entity.
3. (c) Upon the date of personal service or upon the date of receipt by certified mail, the citation shall be considered to have been issued and service shall be considered to be complete.
4. (d) All penalties shall be paid no later than thirty (30) days after service of the citation, unless a timely appeal has been filed under Section 956 or the Attorney General has agreed to a later date in writing.

Note: Authority cited: Section 104559.1, Health and Safety Code. Reference: Section 104559.1, Health and Safety Code.

History

1. New article 3 (sections 955-957) and 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 A Certificate of Compliance must be transmitted to OAL by 2-23-2026 or emergency language will be repealed by operation of law on the following day.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 article 3 (sections 955-957) and 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 A Certificate of Compliance must be transmitted to OAL by 5-26-2026 or emergency language will be repealed by operation of law on the following day.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 article 3 (sections 955-957) and 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 A Certificate of Compliance must be transmitted to OAL by 8-19-2026 or emergency language will be repealed by operation of law on the following day.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).