AB 793 Plastic Content Reporting and Compliance Permanent 
Regulations  
Final Proposed Regulatory Text 
§ 2000. Definitions. 
(a) In addition to the definitions provided in the California Beverage Container Recycling 
and Litter Reduction Act, except for subdivisions (a)(3.1), (10), (20), (21), (35), (37), 
(38), (40) and (42) below which modify definitions in the Act for purposes of these 
regulations, the following definitions shall apply whenever the terms are used in this 
chapter. 
(1) “Act” means the Cal ifornia Beverage Container Recycling and Litter Reduction Act 
(Division 12.1 of the Public Resources Code). 
(2) “Administrative Costs” means the cost of recordkeeping and accounting required of 
curbside programs, distributors, recycling centers and processors to comply with the 
requirements of the Act and these regulations. 
(2.1) “Amended Processor Invoice” means an invoice submitted by a processor 
correcting an original report that has been processed and paid. 
(2.2) “Amended Shipping Report” means a shippi ng report submitted by a processor 
correcting an original shipping report that has been processed and paid. 
(2.5) “Alternative Methodology” means an individual commingled rate survey 
methodology, which either employs the Division's methodology with variations or 
creates a proposed methodology for the dropoff or collection, community service or 
curbside programs to arrive at an individual commingled rate. 
(3) “Applicant” means the person(s) who has authority to legally bind the operator to a 
contract. 
(3.1) “Beneficiating Processor” means any processor certified by the department who 
sells cullet to another certified processor or to a glass container manufacturer during the 
three months preceding the month in which scrap value data is reported to the Division 
and who beneficiates purchased cullet so that the cullet either: 
(A) meets the American Society for Testing and Materials (ASTM) standard 
specification for waste glass as a raw material for the manufacture of glass containers 
[E708-79 (Reapproved 1988) Standard Specification for Waste Glass As A Raw 
Material For The Manufacture of Glass Containers. Current Edition Approved Nov. 30, 
1979: published January 1980, see appendix A]; or, 
(B) is free from nonglass contaminants and non-container glass compositions , 
cleansed, crushed to size, free-flowing with minimum water content, absent of 
hazardous material residue and passes furnace ready sampling and testing methods of 
a purchasing glass container manufacturer. 
(C) Notwithstanding, the other provisions of this section, any certified processor shall 
not be considered a beneficiating processor if fifty percent (50%) or more of the cullet 
purchased by that processor during the survey month in which the scrap value data is 
reported was purchased as beneficiated cullet. (3.2) “Beverage manufacturer” shall have the same definition as provided in Public 
Resources Code section 14506, and “any person ... who imports”, as provided in that 
section, shall include, in the following order of preference:  
(A) Any consignee of f illed beverage containers brought into this State from without this 
State, when the filled beverage containers are for delivery, use, or sale within this State.  
(B) Any person or entity to whom delivery is first made in this State of filled beverage 
contai ners brought into this State from without this State, when the filled beverage 
containers are for delivery, use, or sale within this State.  
(C) Any person or entity bringing filled beverage containers into this State from without 
this State which are not c onsigned to any person, when the filled beverage containers  
are for delivery, use, or sale within this State.  
(3.5) “Bottle -grade” means any food -grade material  suitable for use as beverage 
container by a beverage manufacturer.  
(4) “Cancellation” means the act of removing the refund value of an empty beverage 
container by any of the following actions:  
(A) Aluminum empty beverage containers shall be deemed cancell ed when such 
containers can no longer be physically reconstituted or distinguished as container units. 
Except as provided in section 2110(b), this may be accomplished by shredding or 
densification to thirty pounds per cubic foot or more.  
(B) Glass empty be verage containers shall be deemed cancelled when such containers 
have been substantially cleaned of non -glass contaminants and they are crushed size in 
such a manner as to be acceptable without further processing by a willing user.  
(C) Plastic empty bevera ge containers shall be deemed cancelled when the original 
form has been so altered as to make its reconstitution physically impossible.  
(D) Bimetal empty beverage containers shall be deemed cancelled by densification 
sufficient to ensure that separation of  a single container is no longer possible, or by 
shredding, milling, or nuggeting.  
(E) Any empty beverage container shall be deemed cancelled when it is permanently 
exported from the State and export verified in accordance with subsections 2420(d)(1), 
(2) and (3) of these regulations provided that, if aluminum beverage containers, they a re 
first densified to no less than 15 pounds per cubic foot, or shredded.  
(F) Any empty beverage container shall be deemed cancelled when it is delivered to a 
location of end use and the delivery verified in accordance with subsections 2420(d)(1), 
(2) and (3) of these regulations provided that the following requirements are met:  
1. aluminum beverage containers are first densified to not less than 15 pounds per 
cubic foot, or shredded.  
2. glass beverage containers are delivered to a location of end use, whic h includes a 
beneficiating processor, as defined in Public Resources Code section 14503.6.  
(5) “Category” means the classification of operation, i.e., processor, recycling center, 
grandfathered recycling center, dropoff or collection program, or community service 
program.  
(6) “Certificate” means the official document issued by the Division which identifies an 
operator of a recycling center, dropoff or collection program, community service 
program or processing facility as meeting the requirements for certif ication by the 
Division.  (7) “Certified” means an operator of a recycling center, dropoff or collection program, 
community service program or processing facility has met the minimum requirements 
established by the Division to receive the certificate define d in (6) above.  
(8) “Certification Sign” means a sign or decal issued by the Division for display which 
identifies the operator of a recycling center as meeting the requirements for certification 
by the Division.  
(9) “Clearly and Prominently” means that th e redemption message is displayed so that it 
is easily found and read by consumers and recyclers. Each letter comprising the 
message is complete, legible, and cannot be readily obscured. Other factors include 
boldness, width, spacing, and location of lette ring. The message must be 
distinguishable from refund messages of other states.  
(9.5) “Close proximity” means the area within, or adjacent to, a convenience zone, as 
determined by the Division on a case -by-case basis considering geographic and 
demographic factors, and consumer convenience.  
(10) “Commingled” means a mix of empty beverage containers and other containers of 
the same material type. Any broken glass empty beverage container(s) purchased from 
consumers, dropoff or collection programs, or communit y service programs shall be 
deemed commingled. Any broken or partial beverage container(s) or rejected, line 
breakage or out -of-state containers shall not be included when performing a survey 
methodology to arrive at an individual commingled rate or statew ide average 
commingled rate. Dropoff or collection, curbside and community service programs' 
individual commingled rate shall be determined pursuant to subsection 2620 through 
2645, 2660 through 2685, and 2720 through 2745, respectively. The statewide aver age 
commingled rates shall be determined by the Division pursuant to subsections 
2900(a)(1)(B) and section 2930 of these regulations.  
(11) “Community Service Program” means a program, certified by the Division, which 
does not pay refund value and accepts o r collects empty beverage containers at a 
specific location or locations and meets one of the following criteria:  
(A) The program is organized under Section 501(c) or 501(d) of the Internal Revenue 
Code [26 U.S.C. 501(c) and 501(d)], or  
(B) The program is a charitable group organized under Section 23701 of the California 
Revenue and Taxation Code, or  
(C) The program is operated by, or caused to be operated by, a city, county or other 
public agency.  
(11.1) “Consolidated Shipping Report” documents the deliver y and receipt of material 
for processors or recycling centers that operate multiple recycling centers or receive 
material from dropoff or collection programs, community service programs, or curbside 
programs and is prepared pursuant to subsection 2090(f) o f these regulations.  
(12) “Contrasting Colors” as used in reference to the redemption message lettering 
means a clear differentiation in hue, value, and intensity with the background on which 
the redemption message appears, surrounding artwork, and other n earby printed 
information.  
(13) “Days” means all calendar days unless provided otherwise.  
(14) “Delivered” or “Delivery”, as used in subchapters 5 & 6 of these regulations, means 
physically taking possession of the material.  (15) “Dual Certified Entity” me ans any person who is certified as a processor and also a 
recycling center at the same location as the processor.  
(16) “Densification” means the process of compressing material for the purpose of 
increasing the weight to volume ratio.  
(17) “Disposal Cost” means the transportation cost for hauling postfilled beverage 
container types to a state -permitted disposal site (landfill, incinerator, or other type of 
state -permitted site), plus the specified disposal fee.  
(18) “Division” means the Division of Recyclin g which is within the Department of 
Conservation.  
(19) (Reserved)  
(20) “Dropoff or Collection Program” means a recycling program which does not pay 
refund value and accepts or collects empty beverage containers, and which cannot 
qualify as a curbside progr am as defined in Section 14509.5 of the Act. “Dropoff or 
Collection Program” also means a program which separates recyclables from mixed 
municipal waste. “Dropoff or Collection Program” does not mean a program which 
accepts or collects recyclable materials  which have already been separated from mixed 
municipal waste. Dropoff or Collection Program includes a Neighborhood Dropoff 
Program which meets all of the criteria in Section 14514.4.1 of the Act.  
(21) “Empty Beverage Container” means a beverage container  which meets all the 
requirements in Section 14512 of the Act except that such term does not include 
refillable beverage containers.  
(22) “Exemption” means an exclusion to the requirement that a recycling center must be 
established in a convenience zone.  
(22.5) “Exempt convenience zone” or “Exempt zone” means a convenience zone which 
has been granted an exemption pursuant to Section 14571.8 of the Act.  
(23) “Exporting” means the act of sending a filled or unfilled empty beverage container 
or empty beverage container component permanently out of this State.  
(24) “Facility” means a recycling or processing operation that has been built, installed or 
established to serve as a collection or processing point for redeemable beverage 
containers.  
(24.5) “Foo d-grade” means any material suitable for contact with consumable food or 
drink products and which complies with any federally adopted standards.  
(25) “Grandfathered” is a term which refers to recycling centers that meet the 
requirements of section 2500(c) of these regulations.  
(26) [Reserved]  
(27) “Indelibly” means that the redemption message is permanently affixed on the 
beverage container from the point of purchase until the point of redemption and cannot 
be smeared or removed during regular use.  
(27.1) “Individual Commingled Rate” means a commingled rate approved by the 
Division which is applicable to dropoff or collection, community service, or curbside 
programs, which have obtained prior approval from the Division.  
(27.5) “Interested person” mea ns a supermarket, dealer, certified recycling center, 
person with a pending certification application, located in or in close proximity to the 
zone under consideration for an exemption or revocation of an exemption, or a local government agency with jurisd iction over the area where the zone under consideration 
for an exemption or revocation is located.  
(27.6) “Line Breakage,” for purposes of these regulations, means preconsumer material 
that is recycled or disposed of by a container manufacturer, beverage m anufacturer, 
distributor, or dealer.  
(27.7) “Letter of Denial” (LED) means a notice sent to program participants denying 
requests to conduct an individual commingled rate survey or denying approval of an 
individual commingled rate,  or revoking an individua l commingled rate for reason(s) 
indicated in the LED.  
(28) “Location” means the street address where the facility operates.  
(29) “Location of End Use” means the place where beverage containers or materials are 
physically reconstituted for purposes other th an sorting, shredding, stripping, 
compressing, storing, landfilling, disposing, or other activities which do not result in 
recycling.  
(29.5) “Low volume” means an average monthly volume, as defined at Section 14503.5 
of the Act, which is less than the stat ewide average monthly volume of recycling centers 
in convenience zones. Average monthly volumes shall be calculated annually and shall 
apply during the calendar year immediately following the calculation.  
(29.9) “Manufacturer of Postconsumer Recycled Plast ic” means any person(s) or entity 
that offers for sale in the state food -grade or bottle -grade flake, pellet, sheet, fines, or 
other precursor forms of plastic made from postconsumer recycled material.  
(30) “Material” means the physical substance used to m anufacture a beverage 
container or food and drink package including, but not limited to, aluminum, bimetal, 
glass, and plastic.  
(30.7) “Milk” means the lacteal secretion which is obtained from the udder of a cow or 
goat.  
(31) “Minimum Lettering Size” is ap plicable to the height of all the letters in the 
redemption message.  
(32) “Nonaffiliated seller” means any person who sells scrap beverage container 
material types to a certified processor and is neither owned nor managed in common 
with such processor.  
(32.4) “Notice of Denial” (NOD) means a notice sent to program participants denying 
requests for program payments, including handling fees, for reason(s) indicated on the 
notice. Handling fee notices will be sent for each denied site and will explain why the 
site was denied during a particular month.  
(33) “Operator” means the person(s) or entity who has ultimate responsibility for a 
recycling facility, processing facility, dropoff or collection program, or community service 
program.  
(34) “Person” means an indi vidual, corporation, operation, or other entity, regardless of 
its form, subject to the Act.  
(34.1) “Plastic Material Reclaimer” means any person(s) or entity that collects and sells  
or transfers cancelled plastic beverage containers to a manufacturer of postconsumer 
recycled plastic in the state.  
(34.2) “Post -Industrial Recycled Material” means material diverted from the waste 
stream during a manufacturing process. Included as Post -Industrial Recycled Material and excluded as Postconsumer Recycled Material is reutilization of materials such as 
rework, regrind or scrap generated in a process and capable of being reclaimed with the 
same process that generated it.  
(34.3) “Postconsumer Re cycled Material” means material generated by households or 
by commercial, industrial and institutional facilities in their role as end -users of the 
product which has been used for its intended use or can no longer be used for its 
intended purpose. This inc ludes return of material from the distribution chain.  
(35) “Processor” means any person, including a scrap dealer, who purchases or offers 
to purchase empty beverage containers from more than one recycling center in this 
state and is responsible for cancelling empty beverage container(s) in a manner 
prescribed in section 2000(a)(4) of these regulations.  
(35.1) “Processor Invoice” means the report required in section 2425 of these 
regulations which the Department uses to determine payme nt to a certified processor.  
(36) “Public Agency” means the city, county, district or other government entity which 
operates a curbside program or which has the authority to approve or acknowledge the 
operation of a curbside program.  
(36.5) “Recycling Cent er” means those operations defined in Section 14520 of the Act 
and includes “Nonprofit Convenience Zone Recycler” as defined in Section 14514.7 of 
the Act and “Rural Region Recycler” as defined in Section 14525.5.1 of the Act.  
(37) “Redeem” means to return  an empty beverage container which bears the message 
as required in Section 14561 of the Act to a certified recycling or processing facility and 
receive refund value for the container.  
(38) “Redeemable Beverage Container” means a container which bears the message 
as required in Section 14561 of the Act and has an established refund value.  
(39) “Redemption Weight” is the weight of empty California redemption -labeled 
beverage containers.  
(40) “Refund Value” means, in addition to the definition provided in Sec tion 14524 of the 
Act, any amount paid by a noncertified recycler, dropoff or collection program, or 
community service program, or any payments received by a noncertified recycler, in 
excess of:  
(A) For aluminum, the scrap price as listed in the American M etal Market publication.  
(B) For glass, plastic and bimetal, the portion of the processing payment which are the 
costs for the recycler, as determined by the Division pursuant to Section 14575 of the 
Act. 
(41) “Rejected Container” means a California redemp tion-labeled beverage container, 
which a container manufacturer or beverage manufacturer elects to recycle or dispose 
of without paying any applicable processing fee, or which a distributor elects to recycle 
or dispose of without paying the redemption paym ent. “Rejected containers” includes 
container tops, lids, or other components which bear the message as required in 
Section 14561 of the Act.  
(41.05) “Representation of Materials” means a typical collection of commingled 
container materials, of the same ma terial type, representing a ratio of empty beverage 
containers and all other containers collected by the program and surveyed by the operator to determine an individual commingled rate for dropoff or collection, community 
service, or curbside programs.  
(41.1) “Rural Region” means a non -urban area identified by the Division on an annual 
basis using Farmers Home Administration criteria. Such criteria for area include, but are 
not limited to, places, open country, cities, towns, or census designated places wit h 
populations less than 10,000. Areas with populations between 10,000 and 50,000 may 
be designated as rural unless identified as part of, or associated with, urban areas, as 
determined by the Department on a case by case basis.  
(41.2) “Scrap”, for purposes  of these regulations, is any recyclable container, including 
food or drink packaging material, other beverage containers, other nonredeemable 
containers, out -of-state beverage containers, line breakage or rejected containers, of 
the same material composit ion as redeemable containers covered by the Act.  
(42) “Scrap Value” is the total net payment per ton to any nonaffiliated sellers in each of 
the following categories: Certified recycling centers, dropoff or collection programs, 
community service programs, registered curbside programs, and certified processors, 
for container material types.  
(43) “Segregated” means divided by material type and that such divided load consists of 
100% California Refund Value material.  
(44) “Shipping Report” is the documentation  of the receipt of material by a processor, or 
by a recycling center from another recycling center, dropoff or collection program, 
community service program, or curbside program. The shipping report is the basis for 
payments by the Division pursuant to Sec tion 14573 of the Act.  
(45) “Shrinkage” means the reduced value due to contamination of empty beverage 
containers by dirt, moisture, or other foreign substances.  
(45.5) “Signature” or “signed” means either of the following:  
(A) An original handwritten sign ature; or  
(B) An electronic signature. An electronic signature includes an electronic sound, 
symbol, or process attached to or logically associated with an electronic record, 
executed or adopted by a party with the intent to represent an original handwritt en 
signature.  
1. An electronic signature shall consist of a unique username and password or other 
security measures as required by the Division.  
2. An electronic signature may not be denied legal effect, validity, or enforceability solely 
on the ground tha t it is electronic.  
3. An electronic signature shall be binding on all persons and for all purposes under the 
law, as if the signature had been handwritten on an equivalent paper document.  
(46) “Size” means the capacity of the beverage container in fluid o unces.  
(47) “Statistical Sample” means an estimate with an 85% confidence level.  
(47.1) “Supplemental Processor Invoice” means:  
(A) A report to correct any shipping report(s) denied on the original processor invoice 
and/or  
(B) A report to add any shipping report(s) to the original processor invoice for 
transactions that occurred within the same specific reporting period.  
(47.2) “Total Net Payment”, as used in subparagraph (a)(42) of this section and section 
2425, means the amount paid for the repor ted monthly weight after deductions (e.g., transportation service) and additions (e.g., freight allowance) pertinent to the specific 
sales transaction have been made. “Total net payment” includes positive, zero and 
negative dollar amounts, as applicable. T his subsection is not intended to relieve a 
processor of its obligation to pay refund value, administrative and processing payments 
pursuant to Sections 14539(b)(3) of the Act and sections 2400 and 2430 of this chapter.  
(47.3) “Urban Area” means an area id entified by the Division on an annual basis using 
Farmers Home Administration criteria. Such criteria for area include, but are not limited 
to, densely settled areas of continuous residential development with minimum 
population of 50,000. Areas with popula tions less than 50,000 and greater than 10,000 
may be designated as urban unless identified as part of, or associated with, rural areas, 
as determined by the Department on a case by case basis.  
(47.5) “Vegetable juice” means one hundred percent vegetable j uice as described in 21 
CFR 102.33.  
(48) “Working Days” means all days except Saturdays, Sundays, and official California 
State Holidays.  
(49) “Zonemate” means a supermarket which lies within the boundaries of a 
convenience zone other than the one that it creates.  
 
 Authority cited: Sections 14530.5(b), 14536(b), 14536.1 and 14599, Public Resources 
Code. Reference: Sections 14500, 14501(f), 14503, 14503.6, 14504, 14505, 14506.5, 
14509.5(b), 14511.7, 14512, 14512.5, 14513, 14514.4.1, 14514.7, 14517, 14518, 
14518.5, 14 519.5, 14520, 14520.5, 14520.6, 14522.5, 14524, 14525.5.1, 14526, 14530, 
14530.2, 14536(a), 14537, 14538, 14539, 1454 7, 14549.3 , 14550, 14552, 14561, 
14571.2, 14571.8(b), 14572, 14573, 14573.5, 14573.51, 14574, 14575(a) and 14575(b), 
Public Resources Code.  
 
§ 2100. Penalties and Interest Charges.  
(a) For violations of subchapters 1, 6, 7 and 9 and Sections 2010, 2015, 2020, 2025, 
2030, 2035, 2040, 2045, 2050, 2055, 2060, 2065, 2125, 2130, 2400, 2405, 2415, 2420, 
2425, 2430 of chapter 5, division 2, title 14  of the California Code of Regulations and 
Sections 14549.3, 14560.5(a), 14561(c), 14561(d), 14570, 14571.6 and 14572 of the 
Act, the Division shall issue a Notice of Violation. The Notice of Violation shall be issued 
to a responsible party (i.e., the mana ger or other person in authority) at the site of the 
violation and shall contain the information in subsections (1) and (4) below. A copy shall 
be served upon the legal owner of the entity, (respondent), within ten (10) working days. 
The Notice of Violatio n served upon the legal owner shall contain all of the following:  
(1) A brief statement of the violation(s) alleged.  
(2) A statement to the effect that the respondent has the right to a formal hearing, upon 
request, at which they may be represented by coun sel. 
(3) A statement that the respondent's right to a hearing will be deemed waived if 
respondent fails to respond in writing within 15 days from the date service of the Notice 
of Violation was received by the respondent, or respondent's agent for service,  stating 
that he/she wishes to assert that right and that, in the event of such failure to respond, the Department may assess the maximum civil penalty permitted by law without a 
hearing.  
(4) A sworn statement, signed by the Division inspector issuing the violation(s), verifying 
the acts or omissions which form the basis of the violation(s).  
(b) For civil penalties sought by the Department pursuant to Sections 14591.1, 14591.2, 
14593, or 14594 of the Act, the Division shall provide for notice an d a hearing regarding 
such penalties in accordance with the provisions of chapter 5 of the Administrative 
Procedure Act (Government Code Section 11500 et seq.); except that notice for 
violations of the Act, and the regulations enacted thereunder, enumerate d in subdivision 
(a) shall be effected pursuant to the procedures in subdivision (a).  
(c) Interest shall accrue from the date the payment was due.  
 
Authority cited: Sections 14530.5(b) and 14536, Public Resources Code. Reference: 
Sections 14591.1, 14591.2,  14593 and 14594, Public Resources Code; and Section 
11500 et seq., Government Code.  
 
§ 2235. Recordkeeping.  
A beverage manufacturer shall maintain the following records in accordance with the 
general requirements set forth in section 2085 of subchapter 2 of these regulations.  
(a) Transactions with a Container Manufacturer. A beverage manufacturer shall 
maintain the following records evidencing the receipt of beverage containers or 
components thereof. Such records shall include all bills of lad ing, other shipping 
documents, and the following information:  
(1) Date of receipt of shipment;  
(2) Quantity, material type, size, and component type, if applicable, of beverage 
containers or components in shipment;  
(3) Full name and address of shipper; and  
(4) Cancelled checks or other proof of payment (receipts), invoices, and statements 
regarding container manufacturers' payment or credit for processing fees pursuant to 
the Act.  
(b) Rejected Containers. A beverage manufacturer shall maintain records of an y 
recycling, processing, or other disposition of rejected containers and any payments 
therefor. These records shall include receipts or statements signed by the recycling 
center, processor, or other recipient. Such receipts or statements shall state the we ight 
by material type of rejected containers and any payment made or credit granted 
therefor.  
(c) Sales and Transfers of Beverage Containers by a Beverage Manufacturer. A 
beverage manufacturer shall maintain records, by individual sale or transfer, of all sales 
or transfers of beverage containers to distributors, dealers, or consumers, and any 
payments made therefor. The records shall include all of the following:  
(1) The number, by material type, of beverage containers sold or transferred to dealers, 
distributors, or consumers;  
(2) The date of the sale or transfer;  (3) The full name and address of the buyer or other transferee, and shipping name and 
address if different; and  
(4) Proof of payment for the beverage containers sold or transferred, such as invoi ces 
and statements.  
(d) Processing Fee Report Records. A beverage manufacturer shall retain a copy of the 
Beverage Manufacturer Report, submitted to the Division pursuant to section 2240 of 
this subchapter, and proof of payment and receipts for processing fee payments made 
to the Division.  
(e) Documentation of minimum recycled plastic content for beverage containers 
containing any percentage of minimum recycled plastic content evidencing the recycled 
plastic content of beverage containers sold or transferred to distributors, dealers, or 
consumer s. Suitable records for examination and audit by the Department shall include 
all of the following:  
(1) Material data sheets and purchase records associated with the beverage container  
and beverage container components ,   
(2) Manifest s, bills of lading or other sales documents to show shipping of beverage 
containers with postconsumer material content,   
(3) Purchase records of postconsumer recycled material and virgin material used to 
manufacture beverage containers,   
(4) Certifications made by a container manufacturer of the postconsumer recycled 
material content of the beverage containers, and   
(5) Financial, transactional, or legal documentation provided by the cont ainer 
manufacturer that documents the postconsumer recycled material content of the 
beverage containers.   
 
 Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Sections 14537, 14547 , 14549.3 , 14552 and 14575, Public Resources Code . 
 
 
§ 2240. Reporting.  
(a)For each month during which a processing fee applies to any beverage container 
material type sold or transferred by a beverage manufacturer, the appropriate beverage 
manufacturer, as determined by section 2230, shall prepare and submit to the Division 
the Beverage Manufacturer Report. The Beverage Manufacturer Report shall contain 
the following information in accordance with the general requirements for reporting as  
contained in section 2090 of these regulations.  
(a)(1) Sales and Transfers of Beverage Conta iners Subject to a Processing Fee. Each 
report shall contain all of the following information:  
(1)(A) The beverage manufacturer's name, address, manufacturer identification number, 
contact person, and telephone number of contact person;  
(2)(B) The reporting period;  
(3)(C) The number of beverage containers, by material type, sold or transferred in or 
into t his state during the reporting period which are subject to a processing fee;  (4)(D) The amount of the processing fee per beverage container and material type (“unit 
fee”);  
(5)(E) The amount of the processing fee payment for each material type, calculated b y 
multiplying the beverage container count for each material type by the applicable 
processing fee per container;  
(6)(F) The amount of the total processing fee payment due, which is equal to the sum of 
the processing fee payments by material type pursuant to subsection (5); and  
(7)(G) The signature of an authorized representative and date signed.  
(b)(2) The Beverage Manufacturer Report shall be submitted no later than the tenth day 
of the second month following the month of sales. For example, sales of Janu ary 2010 
shall be reported no later than March 10, 2010; sales of February 2010 shall be 
reported no later than April 10, 2010; sales of March 2010 shall be reported no later 
than May 10, 2010, etc.  
(b) For each year, a beverage manufacturer of a beverage sold in a plastic beverage 
container shall prepare and submit to the Division the plastic beverage container virgin 
and postconsumer resin report. The plastic beverage container virgin and postconsumer 
resin report shall contain all of the following information in accordance with the general 
requirements for reporting as contained in section 2090 of these regulations . 
(1) Plastic beverage container virgin and postconsumer resin report. Each r eport shall 
contain all of the following information:  
(A) The beverage manufacturer’s name and unique manufacturer identification number; 
and   
(i) A separate report must be submitted for each manufacturer identification number . 
(B) The reporting period; and  
(C) The amount of virgin plastic, by resin type and in pounds, including caps and labels, 
used in beverage containers subject to the California Redemption Value for sale or 
transfer in the state; and   
(D) The amount of postconsumer recycled pl astic material, by resin type and in pounds, 
including caps and labels, used in beverage containers subject to the California 
Redemption Value for sale or transfer in the state; and  
 (i) Any non -numerical answer for the amount of postconsumer recycled plas tic 
material in pounds shall be treated as a zero for purposes of calculating the 
postconsumer recycled plastic material content of a plastic beverage container and 
potential administrative penalties pursuant to subdivision c of section 14547 of the 
Public Resources Code.  
(E) The printed name, title, email address, and signature of the person preparing the 
report; and  
(i) The Signature block shall state the information in the report is true and correct, 
subject to penalty of perjury, and the person signing is authorized to do so; and  
(F) The date and the place the report was signed . 
(2) The plastic beverage container virgin and postconsumer resin report shall be 
submitted no later than March 1 of each year for plastic beverage containers subject to 
the California Redemption Value for sale in the state for the previous calendar year  and 
to the Division by email to MarketInformation@CalRecycle.ca.gov  or by mail to Statistical Information Section , Division of Recycling, Department of Resources 
Recycling and Recovery, P.O. Box 4025 , Sacramento, California, 958 12-4025.  
 Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Sections 14505, 14547 , 14549.3 , 14552 and 14575, Public Resources Code.  
 
 
§ 2250  
Petition to the Director to adjust the minimum postconsumer 
recycled content percentage.  
 
(a) On or after January 1, 2025, and annually thereafter, an association that represents 
companies that manufacture beverages may petition to the director to adjust the 
minimum postconsumer recycled content percentage required to meet the minimum 
recycled plas tic content requirements for plastic beverage containers.  The association 
must represent at least 35% of beverage manufacturers who reported plastic beverage 
containers pursuant to section 2240(a)  of these regulations  during the previous calendar 
year to s ubmit the petition.    
(b) The petition shall be submitted as a written request to the director of the Department 
of Resources Recycling and Recovery and shall include:   
(1) The name of the association; and   
(2) The list of registered beverage manufacture rs that the association represents which 
must include:  
(A) Each unique manufacturer identification number; and  
(B) The name of the beverage manufacturer;  
(3) A confirmatory statement that the association represent s at least 35% of beverage 
manufacturers  who reported plastic beverage containers pursuant to section 2240(a)  of 
these regulations  during the previous calendar year; and  
(4) The Filer identification number granted by the Secretary of State that demonstrates 
the association is registered to engag e in lobbying the legislature or a state 
administrative agency; and   
(5) Information documenting the following factors to be considered by the director of the 
Department of Resources Recycling and Recovery:   
(A) Changes in market conditions, including su pply and demand for postconsumer 
recycled plastics, collection rates, and bale availability both domestically and globally;   
(B) Recycling rates as determined by the Department of Resources Recycling and 
Recovery; and   
(C) The availability of recycled plastic suitable to meet the minimum recycled content 
requirements, including the availability of high -quality recycled plastic,  and food -grade 
recycled plastic from the state’s and other beverage container recycling programs; and   
(D) The capacity of recycling or processing infrastructure; and   
(E) The progress made by beverage manufacturers in achieving the goals related to 
meeting requirements of subdivision (a) of section 14547 of the Public Resources Code .   (6) The association’s preferred reduced minimum postconsumer recycled content 
percentage as supported by the factors identified in the petition.  
(c) The petition to the director of the Department of Resources Recycling and Recovery 
shall be submitted by December 1 and  delivered  to either the Division by email to  
MarketInformation@CalRecycle. ca.gov  or by mail to Statistical Information Section , 
Division of Recycling, Department of Resources Recycling and Recovery, P.O. Box 
4025, Sacramento, California, 95812 -4025.    
(d) The director will grant or deny the petition by publishing the decision on minimum 
content standards on the Department’s websit e on or before May 1 of the subsequent 
year.  
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section  14517 and  14547, Public Resources Code.  
 
 
§2260  
Corrective Action Plan   
(a) A beverage manufacturer shall submit, in writing, to the director of the Department of 
Resources Recycling and Recovery a corrective action plan before the beverage 
manufacturer obtains a reduction of an administrative penalty  assessment for not 
meeting the minimum recycled plastic content requir ements .   
(b) Each corrective plan shall include the following:   
(1) The beverage manufacturer’s name and manufacturer identification number; and   
(2) The reporting period; and   
(3) Reasons why the beverage manufacturer will fail to meet or has failed t o meet the 
minimum postconsumer recycled content standard; and   
(4) Steps the beverage manufacturer will take to comply with the minimum 
postconsumer recycled standard within the next reporting year; and   
(5) Dates for when the beverage manufacturer will  implement the identified steps ; and  
(6) Steps the beverage manufacturer took to implement any previously approved 
corrective action plans . 
(c) A beverage manufacturer  shall submit a corrective action plan within 30 days of 
receipt of an invoice for an administrative penalty.   
(d) A beverage manufacturer shall submit any corrective action plan by email to 
MarketInformation@CalRecycle.ca.gov  or by mail to Statistical Information Section , 
Division of Recycling, Department of Resources Recycling and Recovery, P.O. Box  
4025, Sacramento, California, 95812 -4025.   
(e) The Department will approve or deny the corrective action plan  in writing within  60 
calendar days after receipt of the corrective action plan   
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14547, Public Resources Code.  
 
 § 2265  
Reduction in Administrative Penalties 
(a) A beverage manufacturer shall submit a written request to the director of the 
Department of Resources Recycling and Recovery to request a reduction of an 
administrative penalty assessment for not meeting the minimum recycled plastic content 
requirements, and the request must include the administrative penalty reduction sought 
by the beverage manufacturer. 
(b) The Department shall consider granting a reduction of the administrative penalties 
assessed to beverage manufacturers that do not meet the minimum recycled plastic 
content requirements for a reporting year based on the following factors:   
(1) Anomalous market conditions; and   
(2) Disruption in, or lack of supply, of recycled plastics; and   
(3) Other factors that have prevented a beverage manufacturer from meeting the 
minimum recycled plastic content requirements; and   
(A) Other factors that have prevented a beverage manufacturer from meeting the 
minimum recycled plastic content requirements shall not include:   
i. A beverage manufacturer’s inability to obtain supporting documentation from the 
container manufacturer or other vendor; or   
ii. A beverage manufacturer’s inability to pay the assessed administrative penalty.   
(4) The beverage manufacturer corrective action plan approved by the department in 
section 2260 of these regulations; and  
(5) The totality of the implementation of any prior approved corrective action plans for a 
beverage manufacturer.  
(c) A beverage manufacturer shall submit a ny request for a reduction in administrative 
penalties with the corrective action plan required in section 2260 of these regulations. 
(d) The department will grant or deny the reduction in administrative penalties in writing 
within 30 calendar days after the approval of a corrective action plan.    
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14547, Public Resources Code. 
 
 
Subchapter 9.1. Plastic Material Reclaimer 
 
§2780  
Plastic Material Reclaimer Identification Number   
The Division will issue in writing a plastic material reclaimer identification number to all 
plastic material reclaimers to facilitate the collection of information and reports related to 
the amount in pounds and by resin type of empty plastic beverage containers, subject to 
the California Redemption Value, collected and sold in the previous calendar year.    
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14549.3, Public Resources Code.  
 
§2785  
Plastic Material Reclaimer Report   
 
(a) On March 1, 2024 and for every year after, a plastic material reclaimer shall prepare 
and submit to the Division the plastic material reclaimer report. The plastic material 
reclaimer report  shall contain the following information in accordance with the general 
requirements for reporting as contained in section 2090 of these regulations.   
(b) The plastic material reclaimer report. Each report  shall contain all of the following 
information:   
(1) The year of the reporting period;   
(2) The plastic material reclaimer identification number reporting identification number;   
(3) The facility name;  
(4) The address for the facility and any other location where empty plastic beverage 
containers subject to this report are stored;  
(5) The mailing address;   
(6) The contact person;   
(7) The Telephone Number of the contact person;   
(8) The email address of the contact person;   
(9) The amount of empty plastic beverage containers subject to the California 
Redemption Value collected and sold, by resin type and in pounds;   
(10) The amount of empty plastic containers sold or transferred in the state to a 
manufacturer of postconsumer recycled plastic for beverage processing, by resin type 
and in pounds;   
(11) The printed name, title, and signature of the person preparing the report; and   
(A) The signature block shall state the information in the report is true and correct, 
subject to penalty of perjury, and the person signing is authorized to do so.   
(12) The date and the place the report was signed. 
(c) The plastic material reclaimer report shall be submitted to the Division by email to 
MarketInformation@CalRecycle.ca.gov or by mail to Statistical Information Section , 
Division of Recycling, Department of Resources Recycling and Recovery, P.O. Box 
4025, Sacramento, California, 95812-4025., Division of Recycling, Department of 
Resources Recycling and Recovery, P.O. Box 4025, Sacramento, California, 95812-
4025 . 
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14549.3, Public Resources Code. 
 
 
  
 
Subchapter 9.2. Manufacturer of Postconsumer Recycled Plastic  
 §2790  
Manufacturer of Postconsumer Recycled Plastic Identification 
Number   
The Division will issue  in writing  a manufacturer of postconsumer recycled plastic 
reporting  identification number to all manufacturers of postconsumer recycled plastic to 
facilitate the collection of information and reports related to the amount in pounds of 
food-grade flake, pellet, sheet, fines, or other forms that were sold in the pr evious 
calendar year, their capacity to produce food -grade material, the amounts in pounds of 
plastic material that meet beverage manufacturer specifications for bottle -grade 
material, and the amount in pounds of food -grade material sold in the state for u se in 
beverage containers.  
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14549.3, Public Resources Code.  
 
 
§2795  
Manufacturer of Postconsumer Recycled Plastic Report   
 
(a) On March 1, 2024 and for every year after, a manufacturer of postconsumer 
recycled plastic shall prepare and submit to the Division the manufacturer of 
postconsumer recycled plastic report . The manufacturer of postconsumer recycled 
plastic report  shall contain the following information in accordance with the general 
requirements for reporting as contained in section 2090 of these regulations.   
(b) The manufacturer of postconsumer recycled plastic report . Each report shall contain 
all of the following information:   
(1) The year of the reporting period;   
(2) The manufacturer of postconsumer recycled plastic identification number;   
(3) The facility name;  
(4) The address for the facility and any other location where food -grade plastic material 
subject to this report is stored;    
(5) The mailing address;  
(6) The contact person;   
(7) The Telephone Number of the contact person;   
(8) The Email Address of the contact person;   
(9) The amount of food -grade flake, pellet, sheet, fines or other forms, by resin type and 
in pounds, that were sold;   
(10) The capacity to produce food -grade material, by resin type and in pounds;   
(11) The amount of food -grade plastic material offered for sale that meets beverage 
manufacturer specifications for bottle -grade material, by resin type and in pounds;   
(12) The  amount of food -grade plastic material sold that meets beverage manufacturer 
specifications for bottle -grade material, by resin type and in pounds;   
(13) The printed name, title, and signature of the person preparing the report; and   (A) The signature bl ock shall state the information in the report is true and correct, 
subject to penalty of perjury, and the person signing is authorized to do so.   
(14) The date and the place the report was signed.  
(c) The manufacturer of postconsumer recycled plastic report  shall be submitted to to 
the Division by email to MarketInformation@CalRecycle.ca.gov  or by mail to Statistical 
Information  Section , Division of Recycling, Department of Resources Recycling and 
Recovery, P.O. Box 4025, Sacramento, California, 95812 -4025.  
 
Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: 
Section 14549.3, Public Resources Code.