California Health and Safety Code

§ 42368

HSC § 42368 Effective Sep 7, 1994Div. 26 · Part 4 · Ch. 4 · Art. 2.5

Statute text

(a)No product variance shall be granted unless the hearing board makes all of the following findings:

(1)The manufacture, distribution, offering for sale, sale, application, soliciting the application, or use of the product is, or will be, in violation of a rule, regulation, or order of the district.

(2)Due to conditions beyond the reasonable control of the petitioner, requiring compliance would result in either (A) an arbitrary or unreasonable taking of property, or (B) the practical closing and elimination of a lawful business.

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Legislative history

Added by Stats. 1994, Ch. 443, Sec. 2. Effective September 7, 1994.