§ 108931

(a) No person or entity shall sell or offer for sale in the state sodium nitrite at a purity level that exceeds 10 percent without the following:

(1) A clear and conspicuous label on the immediate container of the sodium nitrite stating: “WARNING: LETHAL TO INGEST. If ingested, call for emergency help. The recommended treatment for ingestion of sodium nitrite is intravenous methylene blue.”

(2) A clear and conspicuous label on the outside of the shipping package that contains sodium nitrite stating: “WARNING: Contains sodium nitrite, which can be fatal if ingested.”

(b) (1) A violation of this section shall be subject to a civil penalty of ten thousand dollars ($10,000) for the first violation, and a civil penalty of at least fifty thousand dollars ($50,000) and no more than one hundred thousand dollars ($100,000) for a second or subsequent violation. For purposes of this subdivision, failure to comply with paragraphs (1) and (2) of subdivision (a) constitute separate violations. The Attorney General or a district attorney, county counsel, or city attorney may bring an action to impose a civil penalty pursuant to this subdivision.

(2) The total civil penalty for a continuous violation of subdivision (a) shall not exceed the amount described in paragraph (1).

(Added by Stats. 2023, Ch. 469, Sec. 2. (AB 1210) Effective January 1, 2024.)