§ 456.6. ENFORCEMENT OF SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986 AND ITS IMPLEMENTING REGULATIONS; REQUIREMENT THAT WARNINGS BE PROVIDED IN ENGLISH, SPANISH, AND CHINESE.

(a) The Department of Public Health shall enforce the Safe Drinking Water and Toxic Enforcement Act of 1986 (California Health and Safety Code Chapter 6.6, added by Proposition 65 1986 General Election) and its implementing regulations (California Code of Regulations, Title 22, Section 12000 et seq.) by:

(1) Inspecting food product and marketing establishments defined in Section 440 and food preparation and service establishments defined by Section 451 to determine whether these establishments are in compliance with the warning requirements of the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations pertaining to exposure to chemicals known to the State of California to cause cancer, birth defects or other reproductive harm;

(2) Serving notices requiring the correction of any violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations; and

(3) Calling upon the City Attorney or the District Attorney to maintain an action for violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 or its implementing regulations, to cause correction of such violation, and for assessment and recovery of civil or criminal remedies for such violation.

(b) Written warnings required to be provided by food product and marketing establishments and food preparation and service establishments under the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations or any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations shall be made in English, Spanish and Chinese. Written warnings in Spanish and Chinese shall comply with the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and any existing settlements and consent judgments pertaining to lawsuits filed pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986 and its implementing regulations and be provided in the same manner as the warnings in English, including but not limited to location, size, and font of the warning message.

(Added by Ord. 250-05, File No. 050253, App. 11/10/2005)