Plain English Breakdown
The effective date is not listed in the provided official materials.
The Parent's Accountability and Child Protection Act: Online Marketplaces and Nitrous Oxide
This law adds nitrous oxide to a list of products requiring age verification for online sales, bans using gift cards or store credit for items illegal to sell to minors, and sets civil penalties that can be higher for large businesses.
What This Bill Does
- Adds nitrous oxide to the list of specified products where sellers must take reasonable steps to verify the buyer is of legal age at purchase or delivery.
- Prohibits online sellers from allowing buyers to use gift cards or store credit for any product that cannot be legally sold to a minor.
- Sets a civil penalty of up to $7,500 for each violation by a person or business.
- Allows courts to increase the fine to up to $250,000 per violation if the business had annual gross revenues over $25 million in the previous year and higher fines are needed to stop future violations.
Who It Names or Affects
- Online sellers conducting business in California who sell nitrous oxide or other restricted products.
- Businesses with annual gross revenues exceeding $25 million that may face higher potential fines.
- Public prosecutors bringing legal actions for violations of these rules.
Terms To Know
- Civil penalty
- A fine paid to the government or court, which is not a criminal punishment like jail time.
- Injunctive relief
- A court order that requires someone to stop doing something illegal immediately.
Limits and Unknowns
- The official text does not state the exact date this law will take effect.
- The bill refers to nitrous oxide 'as provided' but does not list specific chemical definitions in the summary text.
- Courts have discretion to decide if higher fines are necessary, so final penalty amounts may vary by case.