California Code of Regulations › Title 14 - Natural Resources › Division 2 - Department of Conservation › Chapter 5 - Division of Recycling › Subchapter 11.1 - Out-of-State Importation › Article 2 - Requirements and Limitations Applicable to Empty Beverage Container Material Imported into California › Section 2831 - Operating Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Persons importing more than 25 pounds of
					 aluminum, bimetal or plastic empty beverage container material, or more than
					 250 pounds of glass empty beverage container material, into this State for
					 storage, sale, transfer or export shall operate in accordance with all of the
					 following requirements.
(1) Persons importing
					 empty beverage container material in a motor vehicle shall enter this State
					 only through an open and staffed plant quarantine inspection station maintained
					 pursuant to Section
					 5341
					 of the Food and Agricultural Code.
(2) Persons importing empty beverage
					 container material shall complete and sign all appropriate sections of the
					 Imported Material Report for each load of imported empty beverage container
					 material entering this State.
(3)
					 Persons importing empty beverage container material shall maintain copies of
					 all Imported Material Reports, proofs of inspection, and other documentation,
					 and shall provide copies to officials inspecting and persons receiving the
					 material, in accordance with the requirements set forth in this Subchapter and
					 Sections 2085 and
					 2090 of these regulations. The
					 requirement to provide and maintain these records is in addition to the
					 documentation requirements of any other laws applicable to the storage,
					 transportation, delivery, sale, or transfer of the material.
(4) Persons importing empty beverage
					 container material shall not deliver any imported empty beverage container
					 material to a facility registered by the Division as a curbside program or
					 certified by the Division as a recycling center, dropoff or collection program,
					 or community service program.
(5)
					 Persons importing empty beverage container material may deliver imported empty
					 beverage container material to a certified processor, including the processor
					 at a dual-certified entity, but the material is ineligible for refund value or
					 other recycling program payments. Dual-certified entities shall receive empty
					 beverage container material imported into this State only as a
					 processor.
(6) Persons importing
					 empty beverage container material may deliver the material to a junk dealer, as
					 defined in Section
					 21601
					 of the Business and Professions Code, that is not registered by the Division as
					 a curbside program or certified by the Division as a recycling center, dropoff
					 or collection program, or community service program, but the material is
					 ineligible for refund value or other recycling program payments.
(A) Aluminum empty beverage container
					 material imported into this State and delivered, sold, or transferred to a junk
					 dealer is ineligible for refund value and other recycling program payments and
					 shall be handled as nonferrous material subject to the laws governing scrap
					 metals and alloys in accordance with article 3 of chapter 9 of division 8 of
					 the Business and Professions Code (commencing with Section
					 21600).
(7) Persons importing empty beverage
					 container material weighing more than 100 pounds shall obtain and retain a
					 weight ticket issued by a weighmaster licensed, certified, registered, or
					 otherwise officially credentialed by the applicable jurisdiction describing the
					 material and indicating the weight for each individual load of empty beverage
					 container material. A separate weight ticket shall be prepared and retained for
					 each load by material type. The weight tickets shall be maintained attached to
					 the corresponding Imported Material Report.
(8) Persons importing empty beverage
					 container material shall not receive any refund value or other recycling
					 program payments for the material.
(9) Persons importing empty beverage
					 container material shall cooperate fully with any California Department of Food
					 and Agriculture inspector, Division staff person, law enforcement officer, or
					 other appropriate official to fulfill the purposes of Section
					 14596 of the Act and these
					 regulations, including declaring the material at the inspection station,
					 providing an Imported Material Report with the appropriate sections completed
					 and the proper supporting documents attached, offering the material for
					 inspection, following directions for completing the inspection, preparing,
					 submitting, and maintaining the required records, making available for review
					 and examination all records related to the material, providing full, true and
					 correct information, delivering the material with all required documentation to
					 the destination indicated on the Imported Material Report, and granting access
					 to records, premises, equipment, facilities, and
					 operations.