California's Ab228: Expected Law Implementation Date And Details

Assembly Bill No. 228, also known as the Firearms Bill, was approved by the Governor of California on July 21, 2022, and filed with the Secretary of State on the same day. The bill amends Section 26720 of the Penal Code, relating to firearms. It mandates that commencing January 1, 2024, the Department of Justice must conduct inspections of firearms dealers at least once every three years to ensure compliance with specified provisions of firearms law. This bill provides much-needed clarification and relief for firearms dealers in California.

The bill will amend Section 26720 of the Penal Code

Assembly Bill No. 228 (AB 228) is a California bill that was approved by the Governor and filed with the Secretary of State on July 21, 2022. The bill aims to amend Section 26720 of the Penal Code, which relates to firearms.

Inspection of Firearms Dealers: The bill will require the Department of Justice to conduct inspections of firearms dealers at least once every three years to ensure compliance with Section 16575. These inspections will include an audit of dealer records, with a sampling of at least 25% but not more than 50% of each record type. The first set of inspections will commence on January 1, 2024.

Exemptions: Dealers whose businesses are located in jurisdictions with an adopted inspection program to ensure compliance with firearms law will be exempt from the Department of Justice's inspection fees. However, the department may still inspect these dealers to ensure compliance with Section 16575.

Inspection Fee: The bill authorizes the Department of Justice to assess an annual fee of up to $115 to cover the reasonable costs of maintaining the list of licensed firearms dealers and conducting inspections.

Minimum Sampling Standards: The bill specifies minimum sampling standards for the audit of dealer records during an inspection.

Record-Keeping: The bill requires the Department of Justice to maintain and make available information on the number of inspections conducted, fees collected, exempted jurisdictions, and dealers found to be non-compliant with relevant laws.

Civil Fine: The bill authorizes the department to assess a civil fine of up to $1,000 against a licensee who violates any provision that subjects their license to forfeiture.

Email Address Requirement: The bill adds a requirement for the register or record of electronic firearm transfer to include the purchaser's email address for transactions on or after September 1, 2025.

These amendments to Section 26720 of the Penal Code are designed to enhance the regulation of firearms dealers and ensure compliance with relevant laws in California.

It will require the Department of Justice to conduct inspections of dealers at least every 3 years

California Assembly Bill No. 228, or AB 228, is a bill that relates to firearms. It was approved by the governor and filed with the secretary of state on July 21, 2022.

AB 228 will require the Department of Justice to conduct inspections of firearms dealers at least once every three years, starting on January 1, 2024. This change will be made by amending Section 26720 of the Penal Code. The bill will require the department to inspect all dealers, except those located in a jurisdiction that has adopted an inspection program. In addition, the bill will specify minimum sampling standards for the audit of dealer records during an inspection.

The current law authorises the Department of Justice to inspect dealers to ensure compliance with specified provisions of firearms law. It also allows the department to assess an annual fee to cover the costs of maintaining the dealer list and conducting inspections. Dealers located in a jurisdiction with an inspection program are exempt from the portion of the fee related to inspection costs.

The new bill will require the Department of Justice to actively conduct inspections of dealers at least once every three years, with some exceptions. This change will ensure that dealers are complying with the specified provisions of firearms law and help to maintain a safe environment for all Californians.

It will specify minimum sampling standards for the audit of dealer records during an inspection

California's Assembly Bill No. 228, or AB 228, is a bill to amend Section 26720 of the Penal Code relating to firearms. The bill was approved by the Governor and filed with the Secretary of State on July 21, 2022.

AB 228 will require the Department of Justice to conduct inspections of firearms dealers at least once every three years, beginning on January 1, 2024. The bill includes an exception for dealers located in jurisdictions with an adopted inspection program to ensure compliance with firearms law.

One notable aspect of AB 228 is its specification of minimum sampling standards for the audit of dealer records during these inspections. The bill mandates that inspections of dealers must include an audit of dealer records, sampling at least 25% but no more than 50% of each record type. This provision ensures a comprehensive review of dealer records, reducing the risk of incorrect acceptance or rejection of the recorded account balance.

The inclusion of minimum sampling standards in AB 228 is a significant development in the regulation of firearms dealers. By setting a standard for the audit of dealer records, the legislation provides a framework for consistent and thorough inspections. This helps ensure that inspections are conducted effectively and that dealers are in compliance with the specified provisions of firearms law.

The minimum sampling standards outlined in AB 228 are designed to provide a balanced approach to auditing dealer records. By sampling a significant portion of each record type, inspectors can gain a comprehensive understanding of the dealer's operations and identify any potential issues or discrepancies. This process helps maintain the integrity of the firearms dealer licensing system and promotes public safety.

It will exempt dealers in jurisdictions with an inspection program from the Department of Justice's inspection fee

California's Assembly Bill No. 228, or AB228, was approved by the governor and filed with the Secretary of State on July 21, 2022. The bill amends Section 26720 of the Penal Code relating to firearms.

AB228 requires the Department of Justice to conduct inspections of firearms dealers at least once every three years, beginning on January 1, 2024. The department is authorised to inspect a dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law.

The bill includes a provision that exempts dealers in jurisdictions with an inspection program from the Department of Justice's inspection fee. Specifically, it states that:

> A dealer whose place of business is located in a jurisdiction that has adopted an inspection program to ensure compliance with firearms law is exempt from that portion of the department’s fee that relates to the cost of inspections. The applicant is responsible for providing evidence to the department that the jurisdiction in which the business is located has the inspection program.

This means that firearms dealers who are subject to inspections by their local jurisdiction will not have to pay the portion of the Department of Justice's fee that covers the cost of inspections. However, they will still be required to pay any other applicable fees, such as the annual fee assessed by the department to cover the reasonable costs of maintaining the list of licensed firearms dealers and conducting inspections.

The bill also sets out minimum sampling standards for the audit of dealer records during an inspection, specifying that the audit should include a sampling of at least 25% but no more than 50% of each record type.

It will require food with industrial hemp to come from a state or country with an approved industrial hemp program

California's Assembly Bill 228 (AB 228) relates to industrial hemp, and food, beverage, and cosmetic adulterants. The bill requires manufacturers of food containing industrial hemp to demonstrate that all parts of the plant used in their products come from a state or country with an approved industrial hemp program. This program must inspect or regulate hemp under a food safety program or equivalent criteria to ensure safety for human consumption. Essentially, the bill mandates that food with industrial hemp must originate from places with proper regulatory measures to ensure the safety of the product for consumption.

AB 228 amends the existing Sherman Food, Drug, and Cosmetic Law, which prohibits the manufacture, sale, delivery, holding, or offering for sale of adulterated foods, beverages, or cosmetics. The bill clarifies that a food, beverage, or cosmetic product is not considered adulterated due to the inclusion of industrial hemp or its derivatives, as long as it complies with specified conditions. This means that the presence of industrial hemp or its derivatives alone does not constitute adulteration, as defined by the law.

The bill also addresses labelling requirements for products containing industrial hemp. It mandates that the label of any package containing cannabidiol derived from industrial hemp must include a specific statement regarding potential risks during pregnancy or breastfeeding. Additionally, the bill prohibits manufacturers, distributors, or sellers of industrial hemp products from making any misleading or untrue health-related statements on their labels or in their advertising and marketing materials.

Furthermore, AB 228 prohibits the distribution or sale of raw hemp products in California without a certificate of analysis from an independent testing laboratory. This certificate confirms that the industrial hemp does not contain unsafe levels of tetrahydrocannabinol (THC) or contaminants that could be harmful to human health.

The bill also highlights the distinction between "industrial hemp" and "industrial hemp product." An "industrial hemp product" refers to a finished product containing industrial hemp that meets specific conditions, including being a cosmetic, food, food additive, dietary supplement, or herb, intended for human or animal consumption, and containing no more than 0.3% THC.

In summary, AB 228 sets out regulatory measures to ensure the safety and proper labelling of food products containing industrial hemp. It mandates that food with industrial hemp must originate from places with approved industrial hemp programs that prioritize food safety. The bill also addresses labelling requirements and restrictions on health-related claims to protect consumers and provide accurate information about these products.

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