reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 2 - Manufacturing › Section 42310.1.

42310.1. (a) Until January 1, 1997, the criteria specified in Section 42310 shall not apply to any rigid plastic packaging container that is manufactured for use with food or cosmetics, as defined in subdivisions (f) and (i) of Section 321 of Title 21 of the United States Code.
(b) Notwithstanding subdivision (a), rigid plastic packaging containers actually recycled shall be included in calculating the recycling rate pursuant to subdivision (b) or (c) of Section 42310.
(c) Every manufacturer of a product packaged in a rigid plastic packaging container described in subdivision (a), which is not in compliance with Section 42310, that is exempt from the criteria specified in Section 42310 pursuant to subdivision (a), shall do both of the following:
(1) On or before December 1, 1995, the manufacturer shall submit a report to the board which demonstrates that the manufacturer is taking, and will continue to take, all feasible actions consistent with Section 42310 to ensure the reduction, recycling, or reuse of the rigid plastic packaging containers described in subdivision (a) and the development and expansion of markets for rigid plastic packaging containers. Those actions may include, but are not limited to, all of the following:
(A) The use of postconsumer recycled plastic in rigid plastic packaging containers sold in this state.
(B) The use of postconsumer recycled plastic in other packaging materials sold or manufactured in this state.
(C) The use of postconsumer recycled plastic in other products sold or manufactured in this state.
(D) Arranging for the use of postconsumer recycled plastic collected for recycling in this state in the manufacture of nonrigid plastic packaging container products or packaging of another entity.
(E) The procurement of products containing postconsumer recycled plastic, including, but not limited to, trash bags, trash containers, pallets, carpeting, slip sheets, and shrink wrap.
(F) The demonstration of financial investment in recycled plastic collecting, processing, and remanufacturing activities in the state.
(2) On or before January 1, 1996, every manufacturer of rigid plastic packaging containers shall, for any rigid plastic packaging container that is exempt from, and not in compliance with, the criteria specified in Section 42310 pursuant to subdivision (a), diligently seek one or more “nonobjection letters” from the United States Food and Drug Administration which will permit the manufacturer of rigid plastic packaging containers to use recycled plastic in the manufacture of the rigid plastic packaging containers described in subdivision (a).
(Amended by Stats. 1994, Ch. 1227, Sec. 23. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 2 - Manufacturing › Section 42310.3.

42310.3. (a) Notwithstanding Section 42310, a manufacturer is in compliance with this chapter if the manufacturer demonstrates through its own actions, or the actions of another company under the same corporate ownership, that one of the following actions were taken during the same period for which the manufacturer is subject to this chapter, with regard to a rigid plastic packaging container that stores the manufacturer’s product that is sold or intended for sale in this state:
(1) The manufacturer, or another company under the same corporate ownership, consumed postconsumer material generated in the state in the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section, and that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310.
(2) The manufacturer, or any company under the same corporate ownership, arranged by contractual agreement for the purchase and consumption of postconsumer material generated in the state and exported to another state for the manufacture of a rigid plastic packaging container subject to Section 42310, or a rigid plastic packaging container or other plastic products or plastic packaging not subject to that section that is equivalent to, or exceeds the postconsumer material that the rigid plastic packaging container is otherwise required to contain, as specified in subdivision (a) of Section 42310.
(b) The board shall determine the manner of demonstrating compliance with this section.
(Amended by Stats. 2007, Ch. 130, Sec. 215. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42320.

42320. Any entity required to make a certification pursuant to this chapter may be audited by the board.
(Added by Stats. 1991, Ch. 769, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42321.

42321. If any entity provides the board with a false or misleading certificate pursuant to this chapter, the board, within 30 days of making this determination, shall refer the provider of the false or misleading certificate to the Attorney General for prosecution for fraud.
(Added by Stats. 1991, Ch. 769, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42321.5.

42321.5. (a) A container manufacturer who sells a rigid plastic packaging container to a manufacturer and who submits a certification to the manufacturer, for purposes of this chapter, shall not provide any false or misleading information. A container manufacturer who submits to a manufacturer a certification with false or misleading information is subject to the same penalties and fines that are imposed upon a manufacturer that does not comply with Sections 42321 and 42322.
(b) Notwithstanding Sections 42321 and 42322, a manufacturer is not subject to any fine or penalty for not complying with this chapter as a result of the submittal of false or misleading information by a container manufacturer to the manufacturer with regard to a container sold to that manufacturer.
(Added by Stats. 2005, Ch. 666, Sec. 4. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42322.

42322. (a) Any violation of this chapter is a public offense punishable by a fine of not more than one hundred thousand dollars ($100,000).
(b) In addition to the penalty specified under subdivision (a), any violation of this chapter may be subject to a civil penalty assessed by the board of not more than fifty thousand dollars ($50,000) for each violation, pursuant to a notice and hearing procedure that conforms with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(c) The total annual fines or penalties assessed upon a violator of this chapter shall not exceed one hundred thousand dollars ($100,000).
(d) The board shall annually publish a list by July 1 setting forth any fines or penalties that have been levied against a violator of this chapter in the preceding calendar year, for failure to comply with the requirements of this chapter.
(e) The board shall deposit all penalties or fines paid pursuant to this section into the Rigid Container Account, which is hereby created in the Integrated Waste Management Fund in the State Treasury. The moneys deposited in the Rigid Container Account shall be expended by the board, upon appropriation by the Legislature, to assist local governmental agencies to develop and implement collection and processing systems for the recycling of materials that are subject to this chapter, for the development of markets for these materials, and for the board’s costs of implementing this chapter.
(Amended by Stats. 2001, Ch. 406, Sec. 2. Effective January 1, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42323.

42323. Proprietary information included in part of a report or certificate submitted to the board pursuant to this chapter shall not be made available to the general public.
(Added by Stats. 1991, Ch. 769, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42325.

42325. The board shall adopt regulations to implement this chapter. These regulations shall include, but shall not be limited to, all of the following:
(a) Procedures for certifying compliance with Article 2 (commencing with Section 42310), including a requirement that product manufacturers include in their specifications for rigid plastic packaging containers a requirement that the packaging manufacturer certify that the rigid plastic packaging containers comply with this chapter.
(b) Procedures for considering and granting waivers pursuant to Article 4 (commencing with Section 42330).
(Amended by Stats. 2004, Ch. 561, Sec. 6. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42326.

42326. In developing the regulations required by Section 42325, the board shall consult with representatives of the manufacturers affected by this chapter, with representatives of environmental organizations, and other interested parties.
(Amended by Stats. 2004, Ch. 561, Sec. 7. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 3 - Penalties, Regulations, and Report › Section 42327.

42327. The board may expend funds from the Integrated Waste Management Account to implement this chapter, upon appropriation by the Legislature.
(Added by Stats. 1991, Ch. 769, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 4 - Waivers › Section 42330.

42330. (a) The board shall grant a waiver from the postconsumer material content requirement of subdivision (a) of Section 42310, but not from any other requirement of Section 42310, if the board finds one or more of the following:
(1) The rigid plastic packaging containers cannot meet the postconsumer material requirements of subdivision (a) of Section 42310 and remain in compliance with applicable provisions of regulations adopted by the Food and Drug Administration or other state or federal laws or regulations.
(2) It is technologically infeasible to use rigid plastic packaging containers that achieve the postconsumer material requirement of subdivision (a) of Section 42310.
(b) The board shall grant a waiver from all of the requirements of Section 42310 if the board finds either of the following:
(1) Less than 60 percent of the single-family homes in the state on and after January 1, 1994, have curbside collection programs that include beverage container recycling.
(2) At least 50 percent, by number, of a manufacturer’s rigid plastic packaging containers sold or offered for sale in the state in the current calendar year achieve the postconsumer material requirements of subdivision (a) of Section 42310 and all of the manufacturer’s rigid plastic packaging containers will comply with the requirements of Section 42310 on or before January 1, 1996.
(c) The board shall grant a one-year waiver from all of the requirements of Section 42310 for products packaged in rigid plastic packaging containers that are introduced and sold in this state after January 1, 1995.
(Amended by Stats. 2004, Ch. 183, Sec. 302. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 5 - Exemptions › Section 42340.

42340. The following rigid plastic packaging containers are exempt from this chapter:
(a) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment.
(b) Rigid plastic packaging containers which contain drugs, medical devices, cosmetics, food, medical food, or infant formula as defined by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
(c) Rigid plastic packaging containers which contain toxic or hazardous products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(d) Rigid plastic packaging containers which are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications set forth in Sections 178.509 and 178.522 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable.
(Amended by Stats. 1996, Ch. 754, Sec. 2. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.5 - Plastic Packaging Containers › ARTICLE 5 - Exemptions › Section 42345.

42345. Any extension of time for manufacturers to comply with Section 42310, beyond that which is granted pursuant to Section 42310.1 for the rigid plastic packaging containers described in that section, shall only be enacted by a statute passed by a two-thirds vote of both houses of the Legislature.
(Added by Stats. 1993, Ch. 1062, Sec. 7. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.6 - Plastic Ring Devices › Section 42350.

42350. (a) For the purposes of this section, “degradable” means all of the following:
(1) Biodegradation, photodegradation, chemodegradation, or degradation by other natural degrading processes, as defined by the American Society of Testing Materials.
(2) Degradation at a rate that meets the requirements of Part 238 (commencing with Section 238.10) of Subchapter H of Chapter I of Title 40 of the Code of Federal Regulations.
(3) Degradation that, as attested by the manufacturer of the device, will not produce or result in a residue or byproduct that, during or after the process of degrading, would be a hazardous or extremely hazardous waste identified pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
(b) Except as provided in subdivision (c), no container shall be sold or offered for sale at retail in this state that is connected to any other container by means of a plastic ring or similar plastic device that is not degradable when disposed of as litter.
(c) This section does not apply to devices that do not contain an enclosed hole or circle of more than one and one-half inches in diameter or that do not contain a hole.
(d) Any person who sells at wholesale or distributes to a retailer for sale at retail in this state containers that are connected to each other in violation of subdivision (b) is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).
(Amended by Stats. 1997, Ch. 17, Sec. 122. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42355.

42355. The Legislature finds and declares all of the following:
(a) Littered plastic products have caused and continue to cause significant environmental harm and have burdened local governments with significant environmental cleanup costs.
(b) It is the intent of the Legislature to ensure that environmental marketing claims, including claims of biodegradation, do not lead to an increase in environmental harm associated with plastic litter by providing consumers with a false belief that certain plastic products are less harmful to the environment if littered.
(c) A product’s ability to biodegrade is a function of both the physical and chemical makeup of the product as well as the environmental conditions to which it is subject.
(d) Use of the term “degradable,” “biodegradable,” “decomposable,” or other like terms on plastic products is inherently misleading unless the claim includes a thorough disclaimer providing necessary qualifying details, including, but not limited to, the environments and timeframes in which the claimed action will take place.
(e) Given the complex nature of biodegradation and the fact that most plastic products will travel through multiple environments from the time of manufacture to the time of final disposition, and given the intrinsic constraints of marketing claims, including the space on the plastic product, there is no reasonable ability for plastic product manufacturers to provide an adequate disclaimer qualifying the use of these and like terms without relying on an established scientific standard specification for the action claimed.
(f) Given these and other constraints, and the significant environmental harm that is caused by plastic litter, the use of these terms must be prohibited unless, or until the time as there is established, an American Society for Testing and Materials (ASTM) standard specification for the term claimed that has been approved by the Legislature.
(Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42355.5.

42355.5. (a) The Legislature finds and declares that it is the public policy of the state that environmental marketing claims, whether explicit or implied, should be substantiated by competent and reliable evidence to prevent deceiving or misleading consumers about the environmental impact of plastic products. For consumers to have accurate and useful information about the environmental impact of plastic products, environmental marketing claims should adhere to uniform and recognized standards, including those standard specifications established by the American Society for Testing and Materials.
(b) The Legislature further finds and declares that it is the public policy of the state that claims related to the recyclability of a product or packaging be truthful in practice and accurate. Consumers deserve accurate and useful information related to how to properly handle the end of life of a product or packaging.
(Amended by Stats. 2021, Ch. 507, Sec. 4. (SB 343) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42356.

42356. For purposes of this chapter, the following definitions apply:
(a) “ASTM” means the ASTM International.
(b) (1) “ASTM standard specification” means either of the following:
(A) The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B) The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c) “Department” means the Department of Resources Recycling and Recovery.
(d) “Director” means the Director of Resources Recycling and Recovery.
(e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a product.
(f) “OK compost HOME certification” means certification of conformity with the existing TUV Austria certification “OK compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program “OK 2-Home Compostability of Products.”
(g) “Product” includes, but is not limited to, any of the following:
(1) (A) A consumer product.
(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2) A package or a packaging component.
(3) A bag, sack, wrap, or other thin plastic sheet film product.
(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h) “Supplier” means a person who does one or more of the following:
(1) Sells, offers for sale, or offers for promotional purposes a product.
(2) Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
(Amended by Stats. 2021, Ch. 504, Sec. 2. (AB 1201) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42356.1.

42356.1. (a) If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows:
(1) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard.
(2) If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard.
(b) If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature.
(c) Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter.
(d) Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter.
(Amended by Stats. 2021, Ch. 504, Sec. 3. (AB 1201) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42356.2.

42356.2. The department may adopt an existing standard different from an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, if all the following conditions are met:
(a) The existing standard is adopted or developed by a standard-setting organization recognized by the department, including, but not limited to, the ASTM or another similar organization.
(b) The existing standard adds qualifications to an ASTM standard specification, as described in paragraph (1) of subdivision (b) of Section 42356, including, but not limited to, “home compostable.”
(c) The department determines that the existing standard is more stringent than the ASTM standard specification in paragraph (1) of subdivision (b) of Section 42356 which that existing standard qualifies.
(Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42357.5.

42357.5. (b) For purposes of this section, “readily and easily identifiable” means labeling that meets both of the following requirements:
(1) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification if the bag has been certified as meeting that standard by a recognized third-party independent verification.
(2) Labeled in accordance with one of the following:
(A) The bag is made of a uniform color of green and labeled with the word “compostable” on one side of the bag, and the label shall be at least one inch in height.
(B) Labeled with the word “compostable” on both sides of the bag and the label shall be one of the following:
(i) Green color lettering at least one inch in height.
(ii) Within a contrasting green color band of at least one inch in height on both sides of the bag with color contrasting lettering of at least one-half inch in height.
(c) Notwithstanding paragraph (2) of subdivision (b), if the bag is smaller than 14 inches by 14 inches, the lettering and stripe shall be in proportion to the size of the bag.
(d) A compostable plastic bag sold or distributed in the state shall not display a chasing arrow resin identification code or recycling type of symbol in any form.
(e) A manufacturer is required to comply with this section only to the extent that the labeling requirements of subdivisions (b), (c), and (d) do not conflict with the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (Part 260 (commencing with Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code of Federal Regulations).
(Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42357.6.

42357.6. (a) For purposes of this section, “plastic food container product” means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.
(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:
(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).
(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).
(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.
(d) This section does not limit the requirements of this chapter or any other provision of law.
(Amended by Stats. 2017, Ch. 664, Sec. 1. (AB 1294) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42358.

42358. (a) A city, a county, or the state may impose civil liability in the amount of five hundred dollars ($500) for the first violation of this chapter, one thousand dollars ($1,000) for the second violation, and two thousand dollars ($2,000) for the third and any subsequent violation.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General may be expended by the Attorney General, upon appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code.
(d) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
(Repealed (in Sec. 2) and added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Section operative January 1, 2013, pursuant to Section 42358.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.7 - Products › Section 42358.5.

42358.5. This chapter shall become operative on January 1, 2013.
(Added by Stats. 2011, Ch. 594, Sec. 1. (SB 567) Effective January 1, 2012. Note: This section prescribes a delayed operative date (January 1, 2013) for Chapter 5.7, commencing with Section 42355, as added by Stats. 2011, Ch. 594.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42360.

42360. The Legislature finds and declares all of the following:
(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.
(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.
(c) Plastic pollution is an environmental and human health hazard and a public nuisance.
(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms.
(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants.
(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate.
(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish.
(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use.
(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment.
(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms.
(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42361.

42361. As used in this chapter, the following terms have the following meanings:
(a) “Person” means an individual, business, or other entity.
(b) (1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.
(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.
(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42362.

42362. On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42363.

42363. Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42364.

42364. (a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.
(b) (1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number of, and severity of, the violations.
(C) The economic effect of the penalty on the violator.
(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.
(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(F) Any other factor that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 5.9 - Plastic Microbeads Nuisance Prevention Law › Section 42366.

42366. This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.
(Added by Stats. 2015, Ch. 594, Sec. 1. (AB 888) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.

42370. This chapter shall be known, and may be cited, as the Sustainable Packaging for the State of California Act of 2018.
(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.3.

42370.3. (a) The department shall develop a list of approved types of food service packaging that may be used by food service facilities and publish the list on its internet website within 90 days of the Office of Administrative Law approving the regulations adopted by the department pursuant to Section 42370.2. The department shall include on the list only a type of food service packaging that is reusable, recyclable, or compostable, as determined by the regulations adopted by the department pursuant to Section 42370.2.
(b) The department shall regularly, but no less than once every five years, evaluate the list of approved types of food service packaging to determine whether each type of approved food service packaging is reusable, recyclable, or compostable. After evaluation, the department may amend the list to remove or add a type of food service packaging based on whether it is reusable, recyclable, or compostable. The department shall post any updates to the list on its internet website.
(c) A manufacturer that seeks to have included on the list a type of food service packaging or material may be required by the department to submit data for purposes of the department’s evaluation of whether to include the type of food service packaging or material on the list.
(d) Development of, publication of, and updates made to the list pursuant to this section are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 2019, Ch. 497, Sec. 234. (AB 991) Effective January 1, 2020.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.4.

42370.4. (a) On and after the date the list of approved types of food service packaging is published pursuant to Section 42370.3, and except as provided in subdivision (b), a food service facility shall not dispense prepared food using food service packaging unless the type of food service packaging is on that list.
(b) A food service facility may use food service packaging that is not on the list maintained and updated by the department pursuant to Section 42370.3 under any of the following circumstances:
(1) The food service facility possessed that specific inventory of food service packaging before the date the list was published.
(2) The food service facility possessed that specific inventory of food service packaging before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility took possession of the food service packaging.
(3) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the date the list was published.
(4) The food service facility acquired that specific inventory of food service packaging pursuant to a contract entered into before the list maintained pursuant to Section 42370.3 was updated to remove the type of food service packaging and the type of food service packaging was on the list when the food service facility entered into the contract.
(c) For a contract that is subject to this section and that is entered into, renewed, or updated after the date the list was published, the food service facility shall be responsible for ensuring that the food service packaging subject to the contract is in compliance with this section.
(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.5.

42370.5. (a) In order to ensure compliance with this chapter, a food service facility shall provide, upon request by the department, reasonable and timely access, as determined by the department, to contracts, invoices, and purchase orders between the food service facility and a food service packaging manufacturer or distributor that include information demonstrating whether the food service packaging material acquired by the food service facility is in compliance with this chapter.
(b) A food service facility shall maintain any record related to the requirements of this chapter for a minimum of five years, or another period of time as determined by the department.
(c) Records supplied to the department pursuant to this section that are, at the time of submission, claimed to be trade secrets, proprietary, or confidential shall be subject to Article 4 (commencing with Section 17041) of Chapter 1 of Division 7 of Title 14 of the California Code of Regulations, as applicable.
(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.6.

42370.6. (a) The Department of General Services or any state agency that is entering into a contract or agreement or amending an existing contract or agreement with a food service facility shall ensure that the relevant contract or agreement conforms to any applicable provisions of this chapter.
(b) The Department of General Services shall do all of the following:
(1) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the approved food service packaging types on its Internet Web site.
(2) Publish, within 90 days of the date the list of approved types of food service packaging is published pursuant to Section 42370.3, the requirements imposed on a food service facility under this chapter in the State Contracting Manual.
(3) Ensure that any new, modified, or renewed agreements, contracts, or procurement undertaken by a food service facility as part of a contract or agreement with the Department of General Services complies with the requirements of this chapter.
(4) When reasonably feasible, provide a food service facility with which it has a contract or agreement with resources to identify food service packaging suppliers, distributors, brokers, or manufacturers that sell the types of food service packaging approved pursuant to Section 42370.3.
(c) The Department of General Services shall take the appropriate steps, including, but not limited to, revising relevant state contracting and procurement rules and procedures, in order to fulfill the requirements of subdivision (b).
(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6 - Sustainable Packaging for the State of California Act of 2018 › Section 42370.7.

42370.7. This chapter does not preempt the authority of a city, county, or city and county to adopt and enforce additional takeout food packaging ordinances, regulations, or policies that are more restrictive than the applicable standards required by this chapter.
(Added by Stats. 2018, Ch. 610, Sec. 1. (SB 1335) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 6.5 - Expanded Polystyrene Loosefill Packaging › Section 42390.

42390. (a) For purposes of this chapter, the following definitions shall apply:
(1) “Manufacturer” means a person who manufactures expanded polystyrene loosefill packaging material for sale in this state.
(2) “Recycled material” means feedstock material from any of the following that has been diverted from landfill disposal:
(A) Material derived from a finished polystyrene product that has completed its intended end use and product life cycle.
(B) Material derived from a blemished, flawed, or otherwise unusable finished polystyrene product.
(C) Material derived from manufacturing and fabrication scrap from production of a finished polystyrene product.
(3) “Wholesaler” means a person who purchases expanded polystyrene loosefill packaging for resale in this state.
(b) Except as provided in subdivision (c), on and after January 1, 2012, a wholesaler or manufacturer shall not sell or offer for sale in this state expanded polystyrene loosefill packaging material.
(c) Subdivision (b) does not apply to expanded polystyrene loosefill packaging materials that complies with the following requirements:
(1) On and after January 1, 2012, until December 31, 2013, inclusive, it is comprised of at least 60 percent recycled material.
(2)  On and after January 1, 2014, until December 31, 2016, inclusive, it is comprised of at least 80 percent recycled material.
(3) On and after January 1, 2017, it is comprised of 100 percent recycled material.
(d) A wholesaler or manufacturer who sells or offers for sale at retail in this state expanded polystyrene loosefill packaging material in violation of this chapter is guilty of an infraction and shall be punished by a fine not exceeding one thousand dollars ($1,000).
(Added by Stats. 2008, Ch. 471, Sec. 1. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 1 - Definitions › Section 42401.

42401. “Retreaded tire” means any tire that utilizes an existing casing for the purpose of vulcanizing new tread to such casing which meets all performance and quality standards specified in the Federal Motor Vehicle Safety Standards determined by the United States Department of Transportation.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 7 - Retreaded Tire Program › ARTICLE 2 - Retreaded Tire Program › Section 42410.

42410. The board shall evaluate current state and federal quality standards for retreaded tires and identify the obstacles for an increased market for retreads. The results of this evaluation and the activities that the board will undertake to increase the use of retreaded tires shall be included in the reporting requirements specified in Section 42950.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)