(a)

(1) A “retail sale” or “sale at retail” means a sale for a purpose other than resale in the regular course of business in the form of tangible personal property.

(2) When tangible personal property is delivered by an owner or former owner thereof, or by a factor or agent of that owner, former owner, or factor to a consumer or to a person for redelivery to a consumer, pursuant to a retail sale made by a retailer not engaged in business in this state, the person making the delivery shall be deemed the retailer of that property. He or she shall include the retail selling price of the property in his or her gross receipts or sales price. (b)

(1) Notwithstanding subdivision (a), a “retail sale” or “sale at retail” shall include a sale by a convicted seller of tangible personal property with a counterfeit mark, a counterfeit label, or an illicit label on that property, or in connection with that sale, regardless of whether the sale is for resale in the regular course of business.

(2) For purposes of this subdivision, all of the following shall apply: (

A) A “convicted seller” means a person convicted of a counterfeiting offense, including, but not limited to, a violation under

Section or 653w of the Penal Code or

Section 2318, 2319, or of Title of the United States Code on or after the date of sale. (B) “Counterfeit mark” has the same meaning as that term is defined in

Section of Title of the United States Code. (C) “Counterfeit label” has the same meaning as that term is defined in

Section of Title of the United States Code. (D) “Illicit label” has the same meaning as that term is defined in

Section of Title of the United States Code. (

E) Chapter 5 (commencing with

Section 17200) of Part of Division of, and

Article 1 (commencing with

Section 17500) of

Chapter of Part of Division of, the Business and Professions Code, and Title 1.5 (commencing with

Section 1750) of Part of Division of the Civil Code shall not apply to any person other than a convicted seller. (

F) Notwithstanding

Article 2 (commencing with

Section 6481) of

Chapter 5, any notice of deficiency determination to a convicted seller shall be mailed within one year after the last day of the calendar month following the date of conviction.