Laws, Regulations & Annotations

Business Taxes Law Guide – Revision 2011
 

Childhood Lead Poisoning Prevention Fee Regulations

Title 17 of the California Code of Regulations

Article 3. Childhood Lead Poisoning Prevention Program Fees

Regulation 33001

Effective February 1, 1993 and Repealed July 19, 2001—Applicable to Calendar Year 1991 (or 1992 for facilities releasing lead into the ambient air) and Return (or Payment) due April 1, 1993, through Calendar Year 1999 (or 2000 for facilities releasing lead into the ambient air) and Return (or Payment) due April 1, 2001

Regulation 33001. Definitions.

Authority cited: Section 372.7, Health and Safety Code.

Reference: Section 372.7, Health and Safety Code.

(a) Definitions in this section apply only to this article.

(b) The term "architectural coating" means any product which is used as, or usable as, a coating applied to the interior or exterior surfaces of stationary structures and their appurtenances, to portable buildings, to pavements, or to curbs. Architectural coatings include but are not limited to: ordinary house and trim paints, industrial maintenance coatings, primers, undercoaters, and traffic coatings.

(c) The term "architectural coating distribution" means any of the following:

(1) The manufacturing, producing, blending, or compounding of architectural coating in this state, and the sale, donation, barter, or use of the architectural coating in this state.

(2) The importing of architectural coating into this state with respect to which there has been no prior distribution subject to the fee, and the sale, donation, barter, or use of the architectural coating in this state.

(3) The receiving in this state by a licensed distributor of architectural coating with respect to which there has been no prior distribution subject to the fee, or the receipt in this state by any person of architectural coating with respect to which there has not been a prior distribution on which a fee has been paid pursuant to this section, and the sale, donation, barter, or use of the architectural coating in this state.

(4) The sale of architectural coatings by any person required to be registered pursuant to Revenue and Taxation Code Section 6001 et seq., when it is shipped into this state by the seller or delivered by the seller to a carrier, customs broker, or forwarding agent, whether hired by the order of the purchaser or not, for shipment into this state for subsequent sale, donation, barter, or use in this state.

(d) The term "architectural coating distributor" means every person who, within the meaning of the term "architectural coating distribution" as defined in this section, distributes architectural coating. "Distributor" does not include any person who shall import into this state architectural coating in a single lot or shipment of 10 gallons or less.

(e) The term "appurtenance" means accessories to an architectural structure, including, but not limited to: hand railings, cabinets, bathroom and kitchen fixtures, fences, rain-gutters and down spouts, window screens, lamp-posts, heating and air conditioning equipment, other mechanical equipment, large fixed stationary tools and concrete forms.

History: New chapter 6, article 3 (sections 33001–33030, not consecutive) filed 2-1-93 as an emergency; operative 2-1-93 (Register 93, No. 6). A Certificate of Compliance must be transmitted to OAL 6-1-93 or emergency language will be repealed by law on the following day. For prior history, see Register 78, No. 24.

Certificate of Compliance as to 2-1-93 order transmitted to OAL 6-1-93 and filed 7-12-93 (Register 93, No. 29).