2009 California Penal Code - Section 2880-2891 :: Article 2. Sale Of Prison Goods Made Outside California

PENAL CODE
SECTION 2880-2891

2880.  To the extent and insofar as the same may be permitted under
the provisions of the Constitution of the United States and the acts
of Congress, all goods, wares, and merchandise manufactured,
produced, or mined wholly or in part by prisoners (except prisoners
on parole or probation) or manufactured, produced, or mined wholly or
in part in any state prison, transported into the State of
California and remaining herein for use, consumption, sale, or
storage, shall upon arrival and delivery in this state be subject to
the operation and effect of the laws of this state to the same extent
and in the same manner as though those commodities had been
manufactured, produced, or mined in this state by prisoners or in any
state prison, and shall not be exempt therefrom by reason of being
introduced in the original package or otherwise.

2881.  No person, firm, partnership, association or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by prisoners in any
penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such prison-made goods, wares, or
merchandise are plainly, legibly, conspicuously and indelibly
branded, molded, embossed, stenciled or labeled with the words
"Convict-made" in plain, bold letters followed by the name of such
penitentiary, prison, reformatory or other establishment in which the
goods, wares or merchandise were made.

2882.  It is hereby specifically provided that any article of
prison-made goods, wares or merchandise, as described in the
preceding section, may be labeled by the attachment of a label not
smaller than four inches long and two inches wide, upon which is
printed the words "Convict-made" in plain, bold letters followed by
the name of such penitentiary, prison, reformatory, or other
establishment in which the goods, wares or merchandise were made;
provided, that in the judgment of officials charged with the
enforcement of this article such prison-made goods, wares or
merchandise can not be legibly, conspicuously and indelibly branded,
molded, embossed, stenciled or labeled as provided in said preceding
section.

2883.  The size and type of such stenciling or label must be
consistent with the size and character of the merchandise to which
such stenciling or label applies. The size, type and character of
such stenciling or label will be subject to the approval of the
officials of the State of California responsible for the enforcement
of this article.

2884.  No person, firm, partnership, association or corporation
within this state shall sell or offer, trade, consign, keep, expose,
or display for sale any goods, wares or merchandise manufactured,
assembled, produced, or mined in whole or in part by prisoners in any
penitentiary, prison, reformatory, or other establishment in which
prison labor is employed, unless those prison-made goods, wares, or
merchandise have first been disinfected or sterilized in a plant
located in California and licensed by the State Department of Health
Services in accordance with any regulations of the State Department
of Health Services now in force or which later may be made effective.
   It is hereby further provided that certificate of that
disinfection or sterilization must accompany, be stamped on or
attached to those goods, wares, or merchandise in a manner or form
prescribed by the officials of the State of California responsible
for the enforcement of this article.

2885.  No person, firm, partnership, association, or corporation
within this State shall sell or offer, trade, consign, keep, expose
or display for sale any goods, wares or merchandise manufactured,
assembled, produced or mined in whole or in part by the prisoners in
any penitentiary, prison, reformatory or other establishment in which
prison labor is employed, unless such person, firm, partnership,
association or corporation shall keep permanently and conspicuously
displayed within the same inclosure and within 10 feet of the place
where said prison-made goods, wares or merchandise are kept, exposed,
displayed or offered for sale a suitable sign, at least 36 inches
wide and 10 inches high, on which appear in legible letters not less
than two inches high the following words: "Convict-made products on
sale here."

2886.  Any person, firm, partnership, association or corporation
within this State, when advertising in any periodical or publication
any goods, wares or merchandise made in whole or in part by prisoners
in any penitentiary, prison, reformatory or other establishment in
which prison labor is employed, must insert the words "Convict-made,"
in such advertisement in type or other letters conforming in size or
shape to those used in the text of said periodical or publication.

2887.  Any person, firm, partnership, association or corporation
violating the provisions of this article shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine
of not less than fifty dollars ($50) or more than five hundred
dollars ($500) for each offense, or by imprisonment in the county
jail for not less than 30 days or more than six months or by both
such fine and imprisonment.

2888.  The State Superintendent of Weights and Measures or any
deputy or inspector authorized by him, shall have access to any
premises or any records held by any person, firm, partnership,
association or corporation containing any information pertaining to
the prison-made goods, wares or merchandise referred to herein.

2889.  The enforcement of the provisions of this article shall be
under the supervision of the State Superintendent of Weights and
Measures.

2890.  The provisions of this article shall not apply to any goods,
wares or merchandise manufactured in any penitentiary or prison of
this State.

2891.  No person or corporation may sell, expose for sale or offer
for sale any goods, wares or merchandise manufactured, produced or
mined wholly or in part by prisoners (except prisoners on parole or
probation) or manufactured, produced or mined wholly or in part in
any State prison the sale of which is not specifically sanctioned by
law; and any person or corporation violating any provision of this
section is guilty of a misdemeanor.


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