Cal. PRC § 42968 — California Code / Code prc / Division 30 / Part 3 / Chapter 19.5 / Article 1 / Section 42968
Section 42968
Status: in_force

For purposes of this chapter, the following definitions apply:

(a) “Apprenticeship program” means a program approved by the Chief of the Division of Apprenticeship Standards for training apprentice and journey-level carpet installers in proper carpet installation, reuse, and recycling practices to maximize the chances of achieving the goals of the program.

(b) “Approved collection site” means a solid waste facility that has agreed to be a collection site for the producer responsibility organization, as described in Section 42968.23.

(c) “Authorized collector” means a person or entity that has entered into an agreement with the producer responsibility organization to collect covered products.

(d) “Brand” means a name, symbol, word, or mark that identifies a covered product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.

(e) (1) “Carpet” means a floor or stair covering made from thick woven fabric that is used in residential buildings, commercial buildings, conventions, and events, including modular carpet tiles.

(2) Carpet does not include area rugs that are 11 feet by 15 feet in size or smaller.

(f) “Circular economy environmental nongovernmental organization” means a nonprofit organization established to promote a circular economy and to address environmental issues.

(g) “Closed loop recycling” means recycling in which products or materials are reclaimed and returned to the original process or processes in which they were generated and they are reused in the production process.

(h) “Consumer” means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.

(i) (1) “Covered product” means carpet.

(2) “Covered product” does not include carpet that meets the requirements in Section 42357 to be labeled “compostable.”

(j) “Department” means the Department of Resources Recycling and Recovery.

(k) “Permanent collection site” means a permanent location in the state where discarded covered product may be returned at no cost, by a consumer or another party on behalf of a consumer, to be reused, recycled, or otherwise managed.

(l) “Postconsumer covered product” means a covered product that is no longer used for its manufactured purpose.

(m) (1) “Postconsumer recycled content” means material derived from postconsumer covered product.

(2) Postconsumer recycled content does not include material derived from recycled beverage containers, as defined in Section 14505.

(n) “Processor” means a company that uses a process, including, but not limited to, shredding, grinding, sheering, or depolymerization, to convert discarded covered products into finished recycled output that is ready to be used as an input material for manufacturing products.

(o) (1) “Producer” means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product in or into the state under that person’s own name or brand.

(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner or exclusive licensee of a brand or trademark under which the covered product is sold or distributed in or into the state, whether or not the trademark is registered. For purposes of this subdivision, an “exclusive licensee” is a person holding the exclusive right to use a trademark or brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.

(3) If there is no person in the state who is the producer for purposes of paragraph (1) or (2), then the producer of the covered product is the party that imports the covered product into the state for sale, distribution, or installation.

(4) If there is no person in the state who is the producer for purposes of paragraph (1), (2), or (3), then the producer of the covered product is the distributor, wholesaler, or retailer who sells the product in or into the state.

(p) “Producer responsibility organization” means either of the following:

(1) An organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, is formed for the purpose of implementing a producer responsibility plan to meet the requirements of this chapter, and is approved by the department pursuant to Section 42968.21.

(2) A carpet stewardship organization, as defined in Section 42971.

(q) “Producer responsibility plan” means the plan developed by the producer responsibility organization that complies with Section 42968.32 and is submitted to the department for approval pursuant to Section 42968.30.

(r) (1) “Recycle” or “recycling” means the process of sorting, cleansing, treating, and reconstituting materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.

(2) “Recycle” or “recycling” does not include any of the following:

(A) Combustion.

(B) Incineration.

(C) Energy generation.

(D) Fuel production, except for anaerobic digestion of source separated organic materials.

(E) Other forms of disposal.

(3) To be considered recycled, covered products shall be sent to a responsible end market.

(s) “Retailer” means a person who offers new covered products in a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, including a retail sale through any means, including remote offerings such as sales outlets, catalogs, or an internet website, online marketplace, or other similar electronic means.

(t) (1) “Sell” or “sale” means a transfer of title of a covered product for consideration, including a remote sale conducted through a sales outlet, catalog, or internet website, online marketplace, or similar electronic means.

(2) “Sell” or “sale” includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.

(3) For the purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the consumer in the state.

(u) “Solid waste facility” means a solid waste facility, as defined in Section 40194, that accepts under its normal operating conditions covered materials for collection, storing, and handling, whether for recycling or disposal.

(v) “Wholesaler” means a person who offers new covered product for sale in this state in a sale that is not a retail sale, as defined in Section 6007 of the Revenue and Taxation Code, and in which the covered product is intended to be resold.