California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 4 - Resource Conservation Programs › Article 7 - Reusable Grocery Bags › Section 17988.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The definitions
				  set forth in this Section and in Chapter 5.3 (commencing with section
				  42280), Part 3, Division 30 of the
				  Public Resources Code, shall govern the construction of this Article.
(b) "Aesthetic change" means a change in
				  decoration that does not affect the material composition, size, or construction
				  of a certified reusable grocery bag, pursuant to sections
				  42281
				  and
				  42281.5
				  of the Public Resources Code, and does not constitute a change that creates a
				  new type of reusable grocery bag. An aesthetic change includes, but is not
				  limited to, a decoration that uses the same inks, dyes, or pigments in any
				  proportion, or any combination or selection from a suite of inks, dyes, or
				  pigments in any proportion for the type of reusable grocery bag that was
				  previously submitted in a proof of certification.
(c) "Appropriate washing equipment" means the
				  washing equipment employed to clean postconsumer recycled material by removing
				  physical and/or chemical contaminants so it is suitable for use in
				  manufacturing a reusable grocery bag. Appropriate washing equipment includes
				  dry and wet washing technologies.
(d) "Certified Reusable Grocery Bags and
				  Producers List" means the list of reusable grocery bag producers from which the
				  department has received the payment required pursuant to this Article and
				  section
				  42282.1
				  of the Public Resources Code, and a proof of certification, as required
				  pursuant to this Article and sections
				  42281,
				  42281.5,
				  and
				  42282
				  of the Public Resources Code, for each type of reusable grocery bag that the
				  producer offers for sale or distributes in the state of California.
(e) "Decoration" means the coloration and/or
				  treatments applied to a reusable grocery bag using inks, dyes, pigments,
				  decals, or other methods.
(f)
				  "Fabric Weight" means the weight of the fabric used in the construction of a
				  reusable grocery bag reported in units of grams per square meter. Fabric weight
				  may be measured based on a single sample or based on an average of the weights
				  of one sample taken from each of the following locations: the handles, reusable
				  grocery bag opening, and body of the reusable grocery bag. Samples may include
				  more than one layer of fabric, based on the construction of the reusable
				  grocery bag.
(g) "ISO/IEC 17025"
				  means the International Organization for Standardization/International
				  Electrotechnical Commission general requirements for the competence of testing
				  and calibration laboratories.
(h)
				  "ISO/IEC 17065" means the International Organization for
				  Standardization/International Electrotechnical Commission requirements for
				  bodies certifying products, processes and services.
(i) "Point of sale" means the place where
				  items are purchased in a store, such as at a checkout counter. "Point of sale"
				  includes any location where a store fulfils an order to its customers as part
				  of an online transaction, a phone order, or by similar means.
(j) "Proof of certification" means a document
				  (or multiple documents) submitted by a reusable grocery bag producer under
				  penalty of perjury to the department via the Reusable Grocery Bag Reporting
				  System. A proof of certification shall demonstrate that a reusable grocery bag
				  sold or distributed to a store in California, as defined by section
				  42280(g)
				  of the Public Resources Code, is compliant with the provisions of this
				  Article.
(k) "Reusable grocery bag"
				  has the same meaning as in section
				  42280
				  of the Public Resources Code, and includes, but is not limited to, a reusable
				  grocery bag made with plastic film, compostable plastic film, or with natural
				  or synthetic fiber, including, but not limited to, woven or non-woven nylon,
				  polypropylene, polyethylene-terephthalate, or Tyvek.
(l) "Reusable Grocery Bag Reporting System"
				  means the department's online database established to receive proofs of
				  certification from reusable grocery bag producers for reusable grocery
				  bags.
(m) "Third-party
				  certification entity" means an entity that is either an independent laboratory
				  having an ISO/IEC 17025 accreditation, or a certification body having an
				  ISO/IEC 17065 accreditation, and that performs applicable testing and certifies
				  that a reusable grocery bag meets the requirements of section
				  42281
				  and
				  42281.5
				  of the Public Resources Code.
(n)
				  "Type of reusable grocery bag" means a reusable grocery bag manufactured,
				  imported, sold, or distributed by a certified reusable grocery bag producer
				  that has a different material composition, decoration (that is not an aesthetic
				  change), size, or construction than another reusable grocery bag manufactured,
				  imported, sold, or distributed by the same certified reusable grocery bag
				  producer.
1. New
					 section filed 7-17-2019; operative 7-17-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 29).
2. Change without regulatory effect adding
					 new subsection (h), relettering former subsections (h)-(m) to (i)-(n) and
					 amendment of relettered subsection (m) filed 1-24-2023 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2023, No. 4).
Note: Authority cited: Sections
						40401
						and
						40502,
						Public Resources Code. Reference: Sections
						42280,
						42281,
						42281.5
						and
						42282,
						Public Resources Code.