(a) Except as provided in subdivision (b), a person who sells jewelry at retail or offers jewelry for retail sale shall not be subject to an administrative or civil penalty for a violation of this article if the person proves, by a preponderance of evidence, all of the following:
(1) The person received a certificate of compliance for the jewelry from the manufacturer or supplier.
(2) The certificate of compliance received pursuant to paragraph (1) stated that the jewelry is in compliance with the requirements of this article.
(3) The person relied on the certificate of compliance and did not know, and had no reason to know, that the jewelry was in violation of this article.
(4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the jewelry from commerce.
(b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action.
(Added by Stats. 2008, Ch. 575, Sec. 5. Effective January 1, 2009.)
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