Common use of Penalty Determination Clause in Contracts

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 tons of excess VOC emissions, and an administrative penalty. The penalty, in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American Beauty, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty made available to CARB the product formulation and sales data necessary to make this quantification. Based upon this information (which Great American Beauty has designated as confidential the alleged violations were calculated to have 1.95 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. Drybar acknowledges that CARB has communicated to Drybar CARB’s position summarized here for seeking these penalties. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty CARB alleges that Drybar sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the alleged violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 155,380 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 9.14 tons of alleged excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts to comply and to cooperate Drybar cooperated with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Drybar that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Drybar that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyXxxxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Drybar may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Drybar made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Drybar has designated as confidential confidential), the alleged violations were calculated to have 1.95 9.14 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Target sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 221,850 for the alleged administrative and emission violations, which was a strict liability violation. The per-unit penalty was based on 1.95 4.93 tons of excess VOC emissions. CARB considered Target’s compliance history, and an administrative penaltyincluding previous violations involving automotive windshield washer fluids. The penalty, in this case penalty was reduced because Target significantly enhanced their inventory control and cooperated with this was a strict liability first-time violation and Great American Beauty made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Target that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Target that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyTarget, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Target may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Target made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Target has designated as confidential confidential), the alleged violations were calculated to have 1.95 4.93 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty 7-Eleven franchise stores sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 15,000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 tons 1 ton of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty 7-Eleven made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell 7-Eleven franchise stores no longer offer Peak Windshield Wash and Deicer -20°F for sale in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty 7-Eleven that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty 7-Eleven that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American Beauty7-Eleven, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty 7-Eleven may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty 7-Eleven made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty 7-Eleven has designated as confidential confidential), the alleged violations were calculated to have 1.95 tons 1 ton of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Heat Makes Sense sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCsVOC. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 3,800 for the alleged administrative and an emission violationsviolation. The per-per- unit penalty was based on 1.95 0.21 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Heat Makes Sense made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed Heat Makes Sense no longer manufacturers or sells Martino Cartier Amika: Sealed with a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsHairspray. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Heat Makes Sense that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Heat Makes Sense that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s 's assessment of the relative strength of its case against Great American BeautyHeat Makes Sense, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Heat Makes Sense may have secured from its actionsitsactions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Heat Makes Sense made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Heat Makes Sense has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.21 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Hatchbeauty sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where there are low VOC emissions and the violator cooperates with the investigation, CARB has obtained penalties based on at least three days of violations (the excess emissions of VOCsday the product was purchased by CARB, the day it was supplied to the retailer, and the day it was manufactured for sale). Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 3,000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 tons three days of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Hatchbeauty made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification Hatchbeauty ceased all sales of the product in California and made modifications to each customer that has previously purchased the products contained in this Agreement that these products are not product for legal to sell commerce in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Hatchbeauty that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Hatchbeauty that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s 's assessment of the relative strength of its case against Great American BeautyXxxxxxxxxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Hatchbeauty may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Hatchbeauty made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Hatchbeauty has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.04 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty IIT sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained for selling uncertified charcoal lighter material in some casesCalifornia. In this case, the total penalty is $35,000 7,500 for the alleged administrative and emission violationsselling uncertified charcoal lighter material in California. The per-unit penalty was based on 1.95 tons of excess VOC emissions, and an administrative penalty. The penalty, in this case was reduced because this was a strict liability first-time violation and Great American Beauty IIT made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell IIT no longer offers Safegel BBQ & Fireplace Lighting Gel Fire Starter for commerce in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty IIT that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty IIT that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyIIT, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty IIT may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty made available to CARB the product formulation and sales data necessary to make this quantification. Based upon this information (which Great American Beauty has designated as confidential the alleged violations were calculated to have 1.95 tons of excess VOC emissions emitted in Californianot practicable.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty IMG sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 4,155 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.208 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty IMG made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification IMG has modified their product to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance be compliant with The California Consumer Products Regulations for future productsconsumer product regulations. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty IMG that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty IMG that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyIMG, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty IMG may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty IMG made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty IMG has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.208 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Sunnyside sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 8,800 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.44 tons of excess VOC emissions, and an administrative penalty. The penalty, Sunnyside implemented business practices to prevent the sale of non-compliant products in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts California including adding labels to comply and the product packaging that clearly identifies that the product is not to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell be sold in California. Great American Beauty developed a compliance plan that was provided Sunnyside has also implemented new methods of consistently communicating sales restrictions to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productstheir customers. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Sunnyside that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Sunnyside that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautySunnyside, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Sunnyside may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Sunnyside made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Sunnyside has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.44 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Aervoe Industries Incorporated sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 13,800 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 .54 tons of excess VOC emissions, emissions and an administrative penaltyviolation of $3,000. The penalty, in this case was reduced because this This was a strict liability first-time violation and Great American Beauty Aervoe Industries Incorporated made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification Aervoe Industries Incorporated has stopped all non-compliant sales of the product in California and is modifying the product to each customer that has previously purchased be meet the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsElectronic Cleaner category standards. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Aervoe Industries Incorporated that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Aervoe Industries Incorporated that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyAervoe Industries Incorporated, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Aervoe Industries Incorporated may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Aervoe Industries Incorporated made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Aervoe Industries Incorporated has designated as confidential confidential), the alleged violations were calculated to have 1.95 .54 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty XX Xxxx sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCsVOC and Aromatic Compounds. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 600,000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 81.7 tons of excess VOC emissions, 8.4 tons of excess Aromatic Compound emissions, and an administrative penalty5.2 tons of excess ozone formed. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty XX Xxxx made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty including modifying one product prior to CARB’s notification, immediately provided written notification to each customer that has previously purchased the ceasing sales of products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed under investigation, and reformulating a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsnoncompliant product. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty XX Xxxx that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty XX Xxxx that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyXX Xxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty XX Xxxx may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC and Aromatic Compounds in regulated products and set maximum limits for PWMIR in regulated aerosol coating products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty XX Xxxx made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty XX Xxxx has designated as confidential confidential), the alleged violations were calculated to have 1.95 81.7 tons of excess VOC emissions emitted in California.emissions, 8.4 tons of excess Aromatic Compounds emissions, and

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Family Dollar sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 4000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.23 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Family Dollar made diligent efforts to comply and to cooperate with the investigation. To come into complianceAdditionally, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty Family Dollar is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsno longer selling Modesa Extra Firm Holding Hairspray and Family Dollar Extra Firm Hold Hairspray. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Family Dollar that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Family Dollar that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyFamily Dollar, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Family Dollar may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty made available to CARB the product formulation and Family Dollar gave sales data necessary to make this quantification. Based upon this information (which Great American Beauty Family Dollar has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.23 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Western Fragrant sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCsVOC. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 5,530 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 approximately 0.28 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Western Fragrant made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in Western Fragrant Corporation is changing their business practices to ensure future compliance including changing the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsmanufacturer they are sourcing the product from and independent testing. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Western Fragrant that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Western Fragrant that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyWestern Fragrant, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Western Fragrant may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Western Fragrant made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Western Fragrant has designated as confidential confidential), the alleged violations were calculated to have 1.95 approximately 0.28 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Astral del Noroeste sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 10,920 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.728 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Astral del Noroeste made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that The company has previously purchased discontinued selling the products contained in this Agreement that these products are not legal to sell product in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Astral del Noroeste that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Astral del Noroeste that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyAstral del Noroeste, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Astral del Noroeste may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Astral del Noroeste made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Astral del Noroeste has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.728 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Niteo sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 160,000 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 13.32 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time alleged violation and Great American Beauty Xxxxx made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification Niteo modified their product to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell meet regulatory requirements for commerce in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular alleged violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Xxxxx that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Xxxxx that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyXxxxx, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Xxxxx may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Xxxxx made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Xxxxx has designated as confidential confidential), the alleged violations were calculated to have 1.95 13.32 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty XXXX sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where there are low VOC emissions and the violator cooperates with the investigation, CARB has obtained penalties based on at least three days of violations (the excess emissions of VOCsday the product was purchased by CARB, the day it was supplied to the retailer, and the day it was manufactured for sale). Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 500 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 three days of violation resulting in 0.06 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts to comply and to cooperate with the investigationXXXX demonstrated financial hardship. Penalties in future cases might be higher. To come into compliance, Great American Beauty immediately provided written notification XXXX is modifying the product to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell meet regulatory requirements in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty XXXX that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty XXXX that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyXXXX, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty XXXX may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty XXXX made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty XXXX has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.06 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Permatex sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 108,500 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 8.05 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Permatex made diligent efforts to comply and to cooperate with the investigation. To Permatex modified the product to come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Permatex that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Permatex that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyPermatex, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Permatex may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Permatex made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Permatex has designated as confidential confidential), the alleged violations were calculated to have 1.95 8.05 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Nails Inc. sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where there are low VOC emissions and the violator cooperates with the investigation, CARB has obtained penalties based on at least three days of violations (the excess emissions of VOCsday the product was purchased by CARB, the day it was supplied to the retailer, and the day it was manufactured for sale). Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 3800 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 tons three days of excess VOC emissions, emissions and three days of an administrative penaltyviolation. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Nails Inc. made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification Nails, Inc. has stop selling the product into California by blocking sales on their website as well as informing customers not to each customer that has previously purchased the products contained in resell this Agreement that these products are not legal to sell product in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Nails Inc. that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Nails, Inc. that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyNails. Inc., the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Nails, Inc. may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Nails, Inc. made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Nails, Inc. has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.01 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty A.C.C.S. sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 5,580 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.31 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts and A. C.C.S. reformulated the product to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future products. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty A.C.C.S. that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty A.C.C.S. that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyA.C.C.S., the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty A.C.C.S. may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty A.C.C.S. made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty A.C.C.S. has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.31 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty 21 sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 11,600 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 0.42 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty 21 made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification 21 has reformulated L.A. Colors Nails Polish Remover to each customer that has previously purchased meet the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in VOC standard for the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsNail Polish Remover category. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty 21 that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty 21 that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyBeauty 21, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty 21 may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty 21 made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty 21 has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.42 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty CAD sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 9,380 for the alleged administrative and emission emissions violations. The per-unit penalty was based on 1.95 0.67 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately CAD provided written notification to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsfinancial documentation. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty CAD that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty CAD that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyCAD, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty CAD may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty made available to CARB CAD provided the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty CAD has designated as confidential confidential), the alleged violations were calculated to have 1.95 0.67 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty Kroger sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCs. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 83,640 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 4.92 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty Kroger made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification to each customer that Kroger removed product from all stores in California and has previously purchased stop selling the products contained in this Agreement that these products are not legal to sell product in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in Kroger is considering modifications of the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance product to make it compliant with The California the Consumer Products Regulations for future productsRegulations. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty Kroger that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty Kroger that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyKroger, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty Kroger may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty Kroger made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty Kroger has designated as confidential confidential), the alleged violations were calculated to have 1.95 4.92 tons of excess VOC emissions emitted in California.

Penalty Determination. H&SC section 39619.7 requires CARB to provide information on the basis for the penalties it seeks. This Agreement includes this information, which is also summarized here. The penalty provision being applied in this case is H&SC section 42402 et seq. because Great American Beauty RSC sold, supplied, offered for sale, or manufactured for sale deodorant body spray consumer products for commerce in California in violation of the Consumer Products Regulations (17 CCR section 94507 et seq.). The penalty provisions of H&SC section 42402 et seq. apply to violations of the Consumer Products Regulations because the regulations were adopted under authority of H&SC section 41712, which is in Part 4 of Division 26. H&SC section 42402 et seq. provides strict liability penalties of up to $10,000 per day for violations of the Consumer Product Regulations with each day being a separate violation. In cases like this, involving unintentional violations of the Consumer Products Regulations where the violator cooperates with the investigation, CARB has obtained penalties based on the excess emissions of VOCsVOC. Administrative penalties are also obtained in some cases. In this case, the total penalty is $35,000 109,440 for the alleged administrative and emission violations. The per-unit penalty was based on 1.95 6.08 tons of excess VOC emissions, and an administrative penalty. The penalty, penalty in this case was reduced because this was a strict liability first-time violation and Great American Beauty RSC made diligent efforts to comply and to cooperate with the investigation. To come into compliance, Great American Beauty immediately provided written notification RSC modified the product to each customer that has previously purchased the products contained in this Agreement that these products are not legal to sell in California. Great American Beauty developed a compliance plan that was provided to CARB on or about June 19, 2019. Moving forward, as provided in the Compliance Plan, Great American Beauty is implementing new purchasing practices that address compliance with The California Consumer Products Regulations for future productsmeet regulatory requirements. Final penalties were determined based on the unique circumstances of this matter, considered together with the need to remove any economic benefit from noncompliance, the goal of deterring future violations and obtaining swift compliance, the consideration of past penalties in similar negotiated cases, and the potential cost and risk associated with litigating these particular violations. The penalty reflects alleged violations extending over a number of days resulting in quantifiable harm to the environment considered together with the complete circumstances of this case. Penalties in future cases might be smaller or larger on a per ton basis. The final penalty in this case was based in part on confidential financial information or confidential business information provided by Great American Beauty RSC that is not retained by CARB in the ordinary course of business. The penalty in this case was also based on confidential settlement communications between CARB and Great American Beauty RSC that CARB does not retain in the ordinary course of business. The penalty also reflects CARB’s assessment of the relative strength of its case against Great American BeautyRSC, the desire to avoid the uncertainty, burden and expense of litigation, obtain swift compliance with the law and remove any unfair advantage that Great American Beauty RSC may have secured from its actions. The Consumer Product Regulations do not prohibit emissions above a specified level, but they do limit the concentration of VOC VOCs in regulated products. In this case, a quantification of the excess emissions attributable to the alleged violations was practicable because Great American Beauty RSC made available to CARB the product formulation and sales data necessary to make this quantificationquantification available to CARB. Based upon this information (which Great American Beauty RSC has designated as confidential confidential), the alleged violations were calculated to have 1.95 6.08 tons of excess VOC emissions emitted in California.