AB 2899: California Hazardous Substances Act: misbranded and banned hazardous substances: hearing procedure.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-07-01
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 departments 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.
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 Health Care Services 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, as provided. 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 posted, for 21 days in days, at the departments 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, as provided. and a conspicuous place where the article is detained or quarantined.
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 Health Care Services 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, as provided.
This bill would instead require a copy of the petition and notice to be posted for 21 days in at least 3 public places in the city or city and county where the court is held, as provided.
(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 departments internet website.
(B)The internet website of the superior court in which the hearing will occur.
(C)At least three public places in the city or city and county where the court is held.
(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.
(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 in at least three at all of the following locations:
(A)The departments internet website.
(B)The internet website of the superior court in which the hearing will occur.
(C)At least three public places in the city or city and county where the court is held, and in a held.
(D)A conspicuous place where the article is detained or quarantined. A
(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.
(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. Upon
(b)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 14 21 days in at least three 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. 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. At
(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. At
(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.
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Date
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Status
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| Aug 15, 2022 | Consideration of Governor's veto stricken from file. |
| Aug 1, 2022 | Consideration of Governor's veto pending. |
| Jul 19, 2022 | Vetoed by Governor. |
| Jul 11, 2022 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 30, 2022 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 4575.). |
| Jun 28, 2022 | Read second time. Ordered to Consent Calendar. |
| Jun 27, 2022 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 9, 2022 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 8). Re-referred to Com. on APPR. |
| May 25, 2022 | Referred to Com. on JUD. |
| May 12, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 12, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 0. Page 4660.) |
| May 5, 2022 | Read second time. Ordered to Consent Calendar. |
| May 4, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (May 4). |
| Apr 21, 2022 | Re-referred to Com. on APPR. |
| Apr 20, 2022 | Read second time and amended. |
| Apr 19, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 19). |
| Mar 23, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 17, 2022 | Referred to Com. on JUD. |
| Feb 19, 2022 | From printer. May be heard in committee March 21. |
| Feb 18, 2022 | Introduced. To print. |
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Date
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Description
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Location
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Votes
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| Jun 30, 2022 | Consent Calendar AB2899 | Senate Floor |
Passed |
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| May 12, 2022 | AB 2899 Ting Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
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Bill Author
Bill Co-Author(s):