(a) (1) A person or business that conducts business in California, and that seeks to sell any product or service in or into California that is illegal under state law to sell to a minor, as described in subdivisions (b) and (c), shall, notwithstanding any general term or condition, take reasonable steps to ensure that the purchaser is of legal age at the time of purchase or delivery, including, but not limited to, verifying the age of the purchaser. (2) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (b) include, but are not limited to, any of the following: (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. (B) Requiring the purchaser to use a nonprepaid credit card for an online purchase. (C) Implementing a system that restricts individuals with accounts designated as minor accounts from purchasing the products listed in subdivision (b). (D) Shipping the product or service to an individual who is of legal age. (3) Reasonable steps as used in paragraph (1) for the purchase of items described in subdivision (c) include, but are not limited to, any of the following: (A) Requiring the purchaser or recipient to input, scan, provide, or display a government-issued identification, provided that the person or business complies with all laws governing the retention, use, and disclosure of personally identifiable information, including, but not limited to, subdivision (a) of Section 1749.65, paragraphs (3) to (7), inclusive, of subdivision (b) of, and subdivisions (c) to (f), inclusive, of, Section 1798.90, paragraph (1) of subdivision (a) of Section 1798.90.1, Sections 1798.29, 1798.81.5, and 1798.82, and Sections 22575 to 22579, inclusive, of the Business and Professions Code. (B) Shipping the product or service to an individual who is of legal age. (4) Reasonable steps as used in paragraph (1) shall not include consent obtained through the minor. (5) A sellerâs reasonable and good faith reliance on bona fide evidence of the purchaser or recipientâs age shall constitute an affirmative defense to any action under this subdivision. (6) A person or business required to comply with this section shall not retain, use, or disclose any information it receives from a purchaser or recipient in an effort to verify age pursuant to this section for any purpose other than as required to comply with, or as needed to demonstrate compliance with, this section, California law, or a state or federal court order. (b) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of the following: (1) An aerosol container of paint that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (2) Etching cream that is capable of defacing property, as referenced in Section 594.1 of the Penal Code. (3) Dangerous fireworks, as referenced in Sections 12505 and 12689 of the Health and Safety Code. (4) Tanning in an ultraviolet tanning device, as referenced in Sections 22702 and 22706 of the Business and Professions Code. (5) Dietary supplement products containing ephedrine group alkaloids, as referenced in Section 110423.2 of the Health and Safety Code. (6) Body branding, as referenced in Sections 119301 and 119302 of the Health and Safety Code. (c) Products or services that are illegal to sell to a minor under state law that are subject to subdivision (a) include all of
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