Cal. PRC § 42984.3 — California Code / Code prc / Division 30 / Part 3 / Chapter 20.5 / Article 1 / Section 42984.3
Section 42984.3
Status: in_force

(a) (1) “Apparel” means clothing and accessory items intended for regular wear or formal occasions and outdoor activities. For purposes of this chapter “apparel” includes only undergarments, shirts, pants, skirts, dresses, overalls, bodysuits, costumes, vests, dancewear, suits, saris, scarves, tops, leggings, school uniforms, leisurewear, athletic wear, sports uniforms, swimwear, formal wear, onesies, bibs, footwear, handbags, backpacks, knitted and woven accessories, jackets, coats, snow pants, ski pants, and everyday uniforms for workwear.

(2) “Apparel” does not include any of the following:

(A) Personal protective equipment or clothing items for use by the United States military.

(B) Personal protective equipment worn to protect the wearer from health or environmental hazards.

(C) Reusable products designed to collect and absorb urine and feces, or reusable products regulated by the United States Food and Drug Administration that are designed to collect and absorb menstruation or vaginal discharge.

(b) “Authorized collector” means a person or entity that has entered into an agreement with a PRO to collect covered products.

(c) “Authorized sorter” means a person or entity that has entered into an agreement with a PRO to sort covered products collected by authorized collectors.

(d) “Authorized repair business” means a person or entity that has entered into an agreement with a PRO to repair covered products for resale after collection by an authorized collector or after sorting by an authorized sorter.

(e) “Brand” means a trademark, including both a registered trademark and an unregistered trademark, a logo, a name, a symbol, a word, an identifier, or a traceable mark that identifies a covered product and identifies the owner or licensee of the brand.

(f) “Collection box” means an unattended container, box, receptacle, or similar device used for soliciting and collecting donations of covered products, including apparel or textile articles.

(g) “Collection site” means a permanent or temporary location operated by an authorized collector at which covered products are collected and prepared for transport in accordance with the requirements of this chapter.

(h) “Consumer” means an owner of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity, and includes the ultimate purchaser, owner, or lessee of a covered product, who is not, as to that covered product, the distributor, importer, producer, recycler, retailer, or PRO.

(i) (1) “Covered product” means an apparel or textile article.

(2) “Covered product” does not include any of the following:

(A) A product covered under the Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985)).

(B) A product covered under the Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with Section 42460)).

(C) A product covered under the Product Stewardship for Carpets law (Chapter 20 (commencing with Section 42970)).

(D) An automated, motorized, battery, or manual window covering that is operated using an electric motor or other automated system, or manually adjusted by pulling cords or lifting mechanisms.

(j) “Department” means the Department of Resources Recycling and Recovery or a successor agency.

(k) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.

(l) “Importer” means either of the following:

(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.

(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.

(m) “Local jurisdiction” means a city, county, city and county, or a regional agency formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code or Article 3 (commencing with Section 40970) of Chapter 1 of Part 2 of this code, or a special district that provides solid waste collection services.

(n) “Mail-back program” means a method of collecting covered products using prepaid, preaddressed mailing envelopes, boxes, or other means that are reusable, recyclable, or compostable.

(o) “Needs assessment” means a needs assessment prepared pursuant to Section 42984.6.

(p) “Nonprofit thrift store” has the same meaning as set forth in Section 6363.3 of the Revenue and Taxation Code.

(q) “Online marketplace” has the same meaning as set forth in Section 1749.8 of the Civil Code.

(r) “Person” has the same meaning as set forth in Section 40170.

(s) (1) “Producer” means a person who manufactures a covered product and who owns or is the licensee of the brand or trademark under which that covered product is sold, offered for sale, or distributed for sale in or into the state.

(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 of a brand or trademark or, if the owner is not in the state, the exclusive licensee of a brand or trademark under which the covered product is sold, imported for sale, offered for sale, or distributed for sale in or into the state, regardless of whether 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 person that imports the covered product into the state for sale or distribution.

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

(5) 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.

(6) This chapter does not prohibit a person who manufactures, distributes, imports, offers for sale, or sells the covered product from assuming some or all of the duties and liabilities of the producer of the covered product and relieving from those duties and liabilities any other person who manufactures, distributes, imports, offers for sale, or sells the covered product.

(7) “Producer” does not include a seller that only sells secondhand covered products.

(8) “Producer” does not include a seller with less than one million dollars ($1,000,000) in annual aggregate global turnover adjusted annually pursuant to the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations. The aggregate global turnover of a producer within the meaning of this chapter shall be calculated by adding together the respective turnovers of all of the following:

(A) The producer concerned.

(B) Those entities in which the producer is concerned, directly or indirectly, as follows:

(i) Owns more than one-half the capital or business assets.

(ii) Has the power to exercise more than one-half the voting rights.

(iii) Has the power to appoint more than one-half the members of the supervisory board, the administrative board, or bodies legally representing the undertakings.

(iv) Has the right to manage the entities’ affairs.

(C) Those entities that have in the producer concerned the rights or powers listed in subparagraph (B).

(D) Those entities in which an entity referred to in subparagraph (C) has the rights or powers listed in subparagraph (B).

(E) Those entities in which two or more entities as referred to in subparagraphs (A) to (D), inclusive, jointly have the rights or powers listed in subparagraph (B).

(t) “Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986, is formed for the purpose of implementing a plan to meet the requirements of this chapter, and is approved by the department.

(u) “Producer responsibility plan” or “plan” means the plan developed by the PRO for the collection, transportation, repair, recycling, and the safe and proper management of covered products pursuant to subdivision (a) of Section 42984.8 and submitted to the department for approval pursuant to subdivision (b) of Section 42984.8.

(v) “Recycle” or “recycling” has the same meaning as set forth in paragraphs (1), (2), and (3) of subdivision (aa) of Section 42041. To be considered recycled, covered products shall be recycled into new, reused, or reconstituted products.

(w) “Repair” means any alteration or improvement of damaged covered product deemed worth the cost of repair by criteria established by the plan, including, but not limited to, any of the following:

(1) Redesigning and repurposing.

(2) Mending rips, holes, seams, and hems.

(3) Removing and repairing surface damage, such as pilling, stain removal, or abrasion.

(4) Securing and reattaching buttons and other fastenings.

(5) Dyeing, redyeing, overdyeing, or printing of images on covered products.

(6) Preparation for reuse and resale.

(x) “Responsible end market” has the same meaning as set forth in subdivision (ad) of Section 42041.

(y) “Retailer” means a person who sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.

(z) “Reuse” means the resale of a collected covered product to a consumer for its original intended use with or without repair.

(aa) “Secondhand covered product” means any covered product that has been previously owned by a consumer.

(ab) “Secondhand markets” means a retailer who sells secondhand covered products, including, but not limited to, thrift stores, collection box operators, online resale platforms, and flea markets.

(ac) “Sell” has the same meaning as set forth in Section 6006 of the Revenue and Taxation Code.

(ad) “Stewardship program” means a program established by a PRO pursuant to this chapter for the free, convenient, and safe collection, transportation, repair, recycling, and otherwise proper management of covered products.

(ae) (1) “Textile article” means an item customarily used in households or businesses that are made entirely or primarily from a natural, artificial, or synthetic fiber, yarn, or fabric. For purposes of this chapter, “textile article” includes only blankets, curtains, fabric window coverings, knitted and woven accessories, towels, tapestries, bedding, tablecloths, napkins, linens, and pillows.

(2) “Textile article” does not include single-use products including paper towels, paper napkins, toilet paper, facial tissue, and wet or dry wipes.

(af) “Third-party seller” has the same meaning as set forth in Section 1749.8 of the Civil Code.