SB 109

Current law requires the Department of Justice (DOJ) to promulgate rules

regulating the sale of devices or containers that contain oleoresin of capsicum

(commonly known as the pepper in pepper spray). The rules must include safety

criteria, requirements to ensure such a device or container is effective and

appropriate for self-defense purposes, limits on the percentage of oleoresin of

capsicum in such a device or container, and a maximum effective range for such a

device or container. A person who intentionally sells a device or container that does

not comply with these rules is guilty of a Class A misdemeanor. This bill prohibits

DOJ from promulgating rules that regulate such devices or containers.

Current law also prohibits a person from selling a device or container

containing oleoresin of capsicum without providing the purchaser with a proper label

on the device or container, written safety instructions for using the device or

container, and a package that contains a clear, highlighted message to the purchaser

cautioning him or her to read and follow the safety instructions. A person who

violates one of the prohibitions is guilty of a Class A misdemeanor. This bill

eliminates the requirement to provide a package containing a clear, highlighted

message that cautions the purchaser to read and follow the safety instructions.

Also, under current law, a seller of a device or container may not leave an unsold

device or container in a place where customers have access to it. This bill eliminates

this prohibition.

Finally, under current law, a person under the age of 18 who possesses a device

or container containing oleoresin of capsicum is subject to a Class E forfeiture and

a person who knowingly sells or distributes such a device or container to a person

under the age of 18 is guilty of a Class C forfeiture. Under this bill, these prohibitions

do not apply if the person's parent, guardian, or legal custodian gave the device or

container to him or her.