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BizIPEsq.
BizIPEsq., Attorney
Category: Business Law
Satisfied Customers: 996
Experience:  I am a business attorney. I represent individuals and companies with all business related matters.
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California SB 657 Acknowledgement One of our customers has

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California SB 657 Acknowledgement
One of our customers has asked us to "acknowledge" that we comply. We cannot impose this on our sub-suppliers but are not aware of any Slavery or Human Traficking in our supply chain. What are the penalties? Risks of enforcement?

BizIPEsq. :

Hello, I will be assisting you

Customer:

Thanks! Of course, to say we are in compliance, we need to pass further acknowledgements down through our supply chain as well...

BizIPEsq. :

You are correct. The goal of SB 657 is primarily awareness. Here is one example of how one company is providing such acknowledgement. This is not mean as a certification merely an acknowledgement that you are aware on the prohibition of slavery and other human trafficking.

BizIPEsq. :

In essence you need to provide your sub-supplier with a form acknowledgement / questionnaire that they will provide to you in it they will acknowledge that they do not engage in such conduct (if they push back you can adjust the language to reach that to the best of their knowledge they do not engage in such activities)

BizIPEsq. :

being this the first law of its kind the vast majority of businesses are not aware of it and have never seen such an acknowledgement so it will take some explaining on your part

BizIPEsq. :

To my knowledge the statute does not specify penalties although the franchise tax board is requested to review a yearly list of retail establishment so this could mean that something would be introduced

BizIPEsq. :

Thank you for allowing me to assist you

BizIPEsq. :

Please rate my service

Customer:

what is the penalty for noncompliance? Is this just a feel-good thing or does it have teeth? We have a limited staff to deal with such issues and would have to enforce this on our MANY subcontractors and go through the detailed FDA quality documentation process to do so.

Customer:

Thank you,

BizIPEsq. :

As noted, at this time other than the requirement by the franchise tax board to create a roll call of businesses, I am not aware of any penalty or consequence for non-compliance. I do suspect that something is brewing, otherwise why task the franchise tax board with work...?

BizIPEsq. :

you're welcome

Customer:

is it unusual for a regulation to have no penalty for violation/noncompliance?

BizIPEsq. :

Not necessarily. Here's the language of the statute.

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