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HomeHealth and Safety CodeDiv. 104Pt. 6Ch. 5Art. 5§ 112260 Burden Of Proof Exemptions

§ 112260 Burden Of Proof Exemptions

Health and Safety Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 112260 Burden Of Proof Exemptions

Key Takeaways

  • •If the state says you broke a rule, they don’t have to prove you didn’t qualify for an exception.
  • •If you think you’re allowed to break the rule because of an exception, you have to prove it.
  • •The state only has to show you broke the rule; you have to show why you should be excused.

Example

You get caught selling food without a permit, but you think you don’t need one because you’re selling at a small farmers' market.

The state just has to show you sold food without a permit. If you say you’re allowed because of an exception (like selling at a farmers' market), you have to prove that exception applies to you.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 112260 Burden Of Proof Exemptions

When the state asserts a violation of this chapter, the state need not negate any exemption or exception from the requirements of this chapter in any pleading, or in any trial, hearing, or other proceeding. The burden of proof with respect to any exemption or exception rests upon the person claiming its benefits. (Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.)

Last verified: January 23, 2026

Key Terms

violationexemptionexceptionburden of proof

Related Statutes

  • § 111850 Burden Of Proof Exemptions
  • § 108665 Penalties For Violations
  • § 112250 Enforcement And Pre-Prosecution Notice
  • § 116068 Continuing Violation Penalties
  • § 108580 Toy Violation Condemnation Proceedings

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Health and Safety Code. Section 112260.
View Official Source