Title BPC, California Bus. & Prof. Code

(a) As used in this chapter, “clinical chemist,” “clinical microbiologist,” “clinical toxicologist,” “clinical genetic molecular biologist,” “clinical cytogeneticist,” “clinical laboratory geneticist,” “clinical reproductive biologist,” or “oral and maxillofacial pathologist” mea…

(a) For the purposes of this chapter whenever the department determines that a new category of license is necessary, either to direct a laboratory, or to perform clinical laboratory tests or examinations in specific specialties or subspecialties, or that the specialties or subspe…

(a) As used in this chapter, “laboratory director” means any person who is any of the following: (1) A duly licensed physician and surgeon. (2) Only for purposes of a clinical laboratory test or examination classified as waived, except as provided in paragraph (G), is any of the …

(a) As used in this chapter, “histocompatibility laboratory director” means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is …

(a) “Autoverification” means the use of a computer algorithm in conjunction with automated clinical laboratory instrumentation to review and verify the results of a clinical laboratory test or examination for accuracy and reliability. (b) The laboratory director or authorized des…

(a) As used in this chapter, “clinical chemist scientist,” “clinical microbiologist scientist,” “clinical toxicologist scientist,” “clinical immunohematologist scientist,” “clinical genetic molecular biologist scientist,” “clinical cytogeneticist scientist,” “clinical laboratory …

(a) As used in this chapter, “owner” means any person with an ownership or control interest in a clinical laboratory. (b) “Person with an ownership or control interest” means a person, partnership, or corporation that meets any of the following descriptions: (1) Has an ownership …

For the purposes of this chapter, “cytological slides” shall refer to cellular materials submitted for preliminary cytologic examination. (Added by Stats. 1989, Ch. 927, Sec. 1.5.)

(a) As used in this chapter, “unlicensed laboratory personnel” means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. (b) Any person who is authorized under California law or regula…

As used in this chapter, “school” means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. (Added by renumbering Section 1208 (as added …

As used in this chapter, “health fair” means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under s…

Any trade name may be transferred in the same manner as personal property in connection with the good will of the business in which it is used or the part thereof to which it is appurtenant, and the owner is entitled to the same protection by suits at law or in equity. (Added by …

Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter. (Added by Stats. 1941, Ch. 59.)

Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected with it, the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle,…

Every person who wilfully defaces, obliterates, or otherwise removes, destroys, or conceals the trade name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or ot…

Every person who wilfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case or other package bearing the trade name of another, printed, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottl…

Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the terms they define in the subsequent sections of this chapter. (Added by Stats. 1941, Ch. 61.)

“Fee” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected in connection with or as a prerequisite to or condition for the issuance, renewal or continued validity of any license, certificate or registra…

“Tax” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for revenue for public purposes generally. (Added by Stats. 1941, Ch. 61.)

“Charge” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for regulatory purposes or for some particular public purpose or purposes. (Added by Stats. 1941, Ch. 61.)

“Officer” includes director, chief, commissioner, chairman, department, division, bureau, commission, board and any other person, officer or employee, and any agency, of or in the Government of this State. (Added by Stats. 1941, Ch. 61.)

“Taxpayer” includes every individual, person, firm, partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate and artificial legal entity subject to or liable for any fee, tax or charge. (Added by Stats. 1941, Ch. 61.)

This chapter may be cited as the Home Furnishings and Thermal Insulation Act. (Amended by Stats. 1987, Ch. 925, Sec. 3. Effective September 22, 1987.)

Unless the context otherwise requires, the general provisions hereinafter set forth govern the construction of this chapter. (Added by Stats. 1941, Ch. 46.)

“Person” includes any individual, partnership, association, firm, auctioneer, trust, limited liability company, and corporation, and the agents, servants, and employees of any of them. (Amended by Stats. 2023, Ch. 508, Sec. 32. (SB 814) Effective January 1, 2024.)

“Sell,” or any of its variants, includes any of, or any combination of, the following: Sell, offer or expose for sale, barter, trade, deliver, give away, rent, consign, lease, possess with an intent to sell or dispose of in any other commercial manner. (Added by Stats. 1941, Ch. …

(a) “Bureau” refers to the Bureau of Household Goods and Services, as established in Section 9810. (b) “Chief” refers to the chief of the bureau. (c) “Inspector” refers to an inspector or investigator either employed by, or under contract to, the bureau. (d) “Director” refers to …

Protection of the public shall be the highest priority for the Bureau of Household Goods and Services in exercising its licensing, regulatory, and disciplinary functions under this chapter. Whenever the protection of the public is inconsistent with other interests sought to be pr…

“Upholstered furniture” means any furniture, including children’s furniture, movable or stationary, which is made or sold with cushions or pillows, loose or attached, or is itself stuffed or filled in whole or in part with any material, is or can be stuffed or filled in whole or …

“Seating furniture,” including children’s furniture, movable or stationary, means any furniture, which is made or sold with or without filling material, together with the structural units, which may be used as a support for the body, limbs, or feet when sitting or resting in an u…

“Bedding” means any quilted pad, packing pad, mattress pad, hammock pad, mattress, comforter, quilt, sleeping bag, box spring, studio couch, pillow or cushion made of leather, cloth or any other material, which is or can be stuffed or filled in whole or in part with any concealed…

“Filling material” means cotton, wool, kapok, feathers, downs, hair, liquid, or any other material, substance, or any combination thereof, loose or in batting, pads, or any other prefabricated form, concealed or not concealed to be used or that could be used in articles of beddin…

“Secondhand” means any materials or articles used in the construction of bedding or upholstered furniture that have been previously used for any purpose, and shall include “sweepings” which are wastes recovered from gins, furniture and bedding factories, textile plants, or establ…

“Used” means furniture or bedding that has been previously owned or used by another individual. (Amended by Stats. 2007, Ch. 354, Sec. 66. Effective January 1, 2008.)

“Antique” means furniture having special value because of its age, especially a work of art or handicraft that is over 100 years old. (Added by Stats. 1996, Ch. 1137, Sec. 30. Effective January 1, 1997.)

Any article of upholstered furniture or bedding is secondhand if it contains any secondhand material in whole or in part. (Added by Stats. 1949, Ch. 787.)

Any article of upholstered furniture or bedding on sales floors in a private residence or room, which is not separated from living quarters, is secondhand. (Added by Stats. 1949, Ch. 787.)

“Retailer” means a person who sells any article of upholstered furniture or bedding or filling materials to a consumer or user of the article as purchased. (Repealed and added by Stats. 1949, Ch. 787.)

“Bedding renovator” means a person who rebuilds, repairs, makes over, re-covers, restores, renovates or renews bedding. (Amended by Stats. 1997, Ch. 401, Sec. 58. Effective January 1, 1998.)

“Custom upholsterer” means a person who, either by himself or herself or through employees or agents, repairs, reupholsters, re-covers, restores, or renews upholstered furniture, or who makes to order and specification of the user any article of upholstered furniture, using eithe…

“Wholesaler” means a person who, on his or her own account, sells any article of upholstered furniture or bedding or filling materials to another for the purpose of resale, but shall not include an affiliate or a subsidiary where the ownership and name are identical, and that is …

“Manufacturer” means a person who, either by himself or herself or through employees or agents, makes any article of upholstered furniture or bedding in whole or in part, or who does the upholstery or covering of any unit thereof, using either new or secondhand material. “Manufac…

“Importer” means a person who manufactures or wholesales, through employees or agents, any article of upholstered furniture, bedding, or filling material manufactured outside of the United States for the purpose of sale or resale in California. (Added by Stats. 1996, Ch. 1137, Se…

“Supply dealer” means a person who manufactures, processes or sells any felt, batting, pads, woven or plastic fabrics, or loose material in bags or containers, concealed or not concealed, to be used or that could be used in articles of upholstered furniture or bedding. (Amended b…

“Sanitizer” means a person who sanitizes articles of bedding or filling materials. (Amended by Stats. 1988, Ch. 1448, Sec. 6.)

“Branch” means any subordinate establishment situated apart from the parent house, maintaining a separate service to the trade. (Amended by Stats. 1949, Ch. 787.)