42310. Except as otherwise provided in this chapter, every rigid
plastic packaging container sold or offered for sale in this state
shall, on average, meet one of the following criteria:
(a) Be made from 25 percent postconsumer material.
(b) Have a recycling rate of 45 percent if it is a
product-associated rigid plastic packaging container or a single
resin type of rigid plastic packaging container, as demonstrated to
the board by the product maker, container manufacturer, or other
entity. The board may take appropriate action to verify the
demonstration, but the board is not required to expend state funds to
conduct a survey or calculate the rate.
(c) Be a reusable package or a refillable package.
(d) Be a source reduced container.
(e) Is a container containing floral preservative that is
subsequently reused by the floral industry for at least two years.
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).
42310.2. (a) On or before July 1, 1994, as part of the regulations
required to be adopted pursuant to Section 42325, the board shall
adopt regulations to carry out the requirements of paragraph (1) of
subdivision (c) of Section 42310.1. In adopting regulations pursuant
to this section, the board shall make every effort to limit paperwork
and information to only those matters that are needed for the board
to determine if manufacturers are taking all feasible actions to
ensure the reduction, recycling, or reuse of the rigid plastic
packaging containers described in subdivision (a) of Section 42310.1,
and the development and expansion of markets for rigid plastic
packaging containers.
(b) On or before February 1, 1996, the board shall review, and
approve or disapprove, the reports required pursuant to paragraph (1)
of subdivision (c) of Section 42310.1. If a report is not submitted
pursuant to a schedule established by the board, or, if, based upon
the report, the board determines that a manufacturer has not taken
all feasible actions to ensure the reduction, recycling, or reuse of
the containers and the development and expansion of markets for rigid
plastic packaging containers, the board may take one of the
following actions, as selected by the manufacturer:
(1) Require the manufacturer to take additional actions,
including, but not limited to, one or more of the measures described
in paragraph (1) of subdivision (c) of Section 42310.1, to ensure
that the manufacturer is taking, and will continue to take, all
feasible actions to ensure the reduction, recycling, or reuse of the
containers and the development and expansion of markets for rigid
plastic packaging containers.
(2) Impose a civil penalty of up to one hundred thousand dollars
($100,000) pursuant to Section 42322. In imposing monetary penalties
pursuant to this paragraph, the board shall take into consideration
all of the following factors:
(A) The size and net worth of the manufacturer.
(B) The impact of the violation on the overall objectives of this
chapter.
(C) The severity of the violation. A penalty imposed pursuant to
this paragraph shall not be required to be paid by a manufacturer
before January 1, 1997.
(c) If the board determines that the conditions in paragraphs (1)
and (2) are met, the board shall enter into a contract, or other
legally binding agreement, with one or more trade associations
representing manufacturers of resin, manufacturers of rigid plastic
packaging containers, or manufacturers of products packaged in rigid
plastic packaging containers subject to this section and Section
42310.1. The agreement shall allow the trade association, in lieu of
those individual manufacturers in the trade association who elect to
be a party to the contract or agreement, to submit the report
required pursuant to paragraph (1) of subdivision (c) of Section
42310.1 and to implement the actions identified in the report. The
board shall enter into the agreement only if both of the following
conditions exist:
(1) The agreement ensures that the report will contain sufficient
information that otherwise would be required to be submitted by
individual manufacturers pursuant to Section 42310.1, and any other
information that is necessary and directly related to the board's
ability to comply with this section.
(2) The agreement ensures that each manufacturer that elects to be
a party to the agreement and that is a member of the trade
association that submits the report shall be liable for the full
amount of any civil penalties that may be imposed or shall comply
with any requirement imposed by the board pursuant to paragraph (1)
of subdivision (b), as selected by the manufacturer. A manufacturer
subject to this paragraph shall not be liable for a civil penalty
greater than one hundred thousand dollars ($100,000), regardless of
the number of trade associations of which the manufacturer is a
member.
(d) Notwithstanding any other provision of this section, a trade
association representing resin manufacturers shall be responsible for
submitting an additional report as provided pursuant to paragraph
(1) of subdivision (c) of Section 42310.1. The resin manufacturer's
trade association is subject to the review, penalties, and sanctions
specified in paragraphs (1) and (2) of subdivision (b). No member of
the resin manufacturer's trade association is liable for penalties
and sanctions set forth in paragraph (1) or (2) of subdivision (b)
pursuant to this subdivision if that member would not otherwise be
subject to those penalties and sanctions.
(e) For the purposes of subdivision (b) and paragraph (1) of
subdivision (c) of Section 42310.1, "feasible" means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
(f) For purposes of Section 42310.1 and this section regarding all
reporting, compliance, and penalty obligations, "manufacturer"
includes all subsidiaries and affiliates.
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.
42310. Except as otherwise provided in this chapter, every rigid
plastic packaging container sold or offered for sale in this state
shall, on average, meet one of the following criteria:
(a) Be made from 25 percent postconsumer material.
(b) Have a recycling rate of 45 percent if it is a
product-associated rigid plastic packaging container or a single
resin type of rigid plastic packaging container, as demonstrated to
the board by the product maker, container manufacturer, or other
entity. The board may take appropriate action to verify the
demonstration, but the board is not required to expend state funds to
conduct a survey or calculate the rate.
(c) Be a reusable package or a refillable package.
(d) Be a source reduced container.
(e) Is a container containing floral preservative that is
subsequently reused by the floral industry for at least two years.
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).
42310.2. (a) On or before July 1, 1994, as part of the regulations
required to be adopted pursuant to Section 42325, the board shall
adopt regulations to carry out the requirements of paragraph (1) of
subdivision (c) of Section 42310.1. In adopting regulations pursuant
to this section, the board shall make every effort to limit paperwork
and information to only those matters that are needed for the board
to determine if manufacturers are taking all feasible actions to
ensure the reduction, recycling, or reuse of the rigid plastic
packaging containers described in subdivision (a) of Section 42310.1,
and the development and expansion of markets for rigid plastic
packaging containers.
(b) On or before February 1, 1996, the board shall review, and
approve or disapprove, the reports required pursuant to paragraph (1)
of subdivision (c) of Section 42310.1. If a report is not submitted
pursuant to a schedule established by the board, or, if, based upon
the report, the board determines that a manufacturer has not taken
all feasible actions to ensure the reduction, recycling, or reuse of
the containers and the development and expansion of markets for rigid
plastic packaging containers, the board may take one of the
following actions, as selected by the manufacturer:
(1) Require the manufacturer to take additional actions,
including, but not limited to, one or more of the measures described
in paragraph (1) of subdivision (c) of Section 42310.1, to ensure
that the manufacturer is taking, and will continue to take, all
feasible actions to ensure the reduction, recycling, or reuse of the
containers and the development and expansion of markets for rigid
plastic packaging containers.
(2) Impose a civil penalty of up to one hundred thousand dollars
($100,000) pursuant to Section 42322. In imposing monetary penalties
pursuant to this paragraph, the board shall take into consideration
all of the following factors:
(A) The size and net worth of the manufacturer.
(B) The impact of the violation on the overall objectives of this
chapter.
(C) The severity of the violation. A penalty imposed pursuant to
this paragraph shall not be required to be paid by a manufacturer
before January 1, 1997.
(c) If the board determines that the conditions in paragraphs (1)
and (2) are met, the board shall enter into a contract, or other
legally binding agreement, with one or more trade associations
representing manufacturers of resin, manufacturers of rigid plastic
packaging containers, or manufacturers of products packaged in rigid
plastic packaging containers subject to this section and Section
42310.1. The agreement shall allow the trade association, in lieu of
those individual manufacturers in the trade association who elect to
be a party to the contract or agreement, to submit the report
required pursuant to paragraph (1) of subdivision (c) of Section
42310.1 and to implement the actions identified in the report. The
board shall enter into the agreement only if both of the following
conditions exist:
(1) The agreement ensures that the report will contain sufficient
information that otherwise would be required to be submitted by
individual manufacturers pursuant to Section 42310.1, and any other
information that is necessary and directly related to the board's
ability to comply with this section.
(2) The agreement ensures that each manufacturer that elects to be
a party to the agreement and that is a member of the trade
association that submits the report shall be liable for the full
amount of any civil penalties that may be imposed or shall comply
with any requirement imposed by the board pursuant to paragraph (1)
of subdivision (b), as selected by the manufacturer. A manufacturer
subject to this paragraph shall not be liable for a civil penalty
greater than one hundred thousand dollars ($100,000), regardless of
the number of trade associations of which the manufacturer is a
member.
(d) Notwithstanding any other provision of this section, a trade
association representing resin manufacturers shall be responsible for
submitting an additional report as provided pursuant to paragraph
(1) of subdivision (c) of Section 42310.1. The resin manufacturer's
trade association is subject to the review, penalties, and sanctions
specified in paragraphs (1) and (2) of subdivision (b). No member of
the resin manufacturer's trade association is liable for penalties
and sanctions set forth in paragraph (1) or (2) of subdivision (b)
pursuant to this subdivision if that member would not otherwise be
subject to those penalties and sanctions.
(e) For the purposes of subdivision (b) and paragraph (1) of
subdivision (c) of Section 42310.1, "feasible" means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
(f) For purposes of Section 42310.1 and this section regarding all
reporting, compliance, and penalty obligations, "manufacturer"
includes all subsidiaries and affiliates.
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.
42310. Except as otherwise provided in this chapter, every rigid
plastic packaging container sold or offered for sale in this state
shall, on average, meet one of the following criteria:
(a) Be made from 25 percent postconsumer material.
(b) Have a recycling rate of 45 percent if it is a
product-associated rigid plastic packaging container or a single
resin type of rigid plastic packaging container, as demonstrated to
the board by the product maker, container manufacturer, or other
entity. The board may take appropriate action to verify the
demonstration, but the board is not required to expend state funds to
conduct a survey or calculate the rate.
(c) Be a reusable package or a refillable package.
(d) Be a source reduced container.
(e) Is a container containing floral preservative that is
subsequently reused by the floral industry for at least two years.
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).
42310.2. (a) On or before July 1, 1994, as part of the regulations
required to be adopted pursuant to Section 42325, the board shall
adopt regulations to carry out the requirements of paragraph (1) of
subdivision (c) of Section 42310.1. In adopting regulations pursuant
to this section, the board shall make every effort to limit paperwork
and information to only those matters that are needed for the board
to determine if manufacturers are taking all feasible actions to
ensure the reduction, recycling, or reuse of the rigid plastic
packaging containers described in subdivision (a) of Section 42310.1,
and the development and expansion of markets for rigid plastic
packaging containers.
(b) On or before February 1, 1996, the board shall review, and
approve or disapprove, the reports required pursuant to paragraph (1)
of subdivision (c) of Section 42310.1. If a report is not submitted
pursuant to a schedule established by the board, or, if, based upon
the report, the board determines that a manufacturer has not taken
all feasible actions to ensure the reduction, recycling, or reuse of
the containers and the development and expansion of markets for rigid
plastic packaging containers, the board may take one of the
following actions, as selected by the manufacturer:
(1) Require the manufacturer to take additional actions,
including, but not limited to, one or more of the measures described
in paragraph (1) of subdivision (c) of Section 42310.1, to ensure
that the manufacturer is taking, and will continue to take, all
feasible actions to ensure the reduction, recycling, or reuse of the
containers and the development and expansion of markets for rigid
plastic packaging containers.
(2) Impose a civil penalty of up to one hundred thousand dollars
($100,000) pursuant to Section 42322. In imposing monetary penalties
pursuant to this paragraph, the board shall take into consideration
all of the following factors:
(A) The size and net worth of the manufacturer.
(B) The impact of the violation on the overall objectives of this
chapter.
(C) The severity of the violation. A penalty imposed pursuant to
this paragraph shall not be required to be paid by a manufacturer
before January 1, 1997.
(c) If the board determines that the conditions in paragraphs (1)
and (2) are met, the board shall enter into a contract, or other
legally binding agreement, with one or more trade associations
representing manufacturers of resin, manufacturers of rigid plastic
packaging containers, or manufacturers of products packaged in rigid
plastic packaging containers subject to this section and Section
42310.1. The agreement shall allow the trade association, in lieu of
those individual manufacturers in the trade association who elect to
be a party to the contract or agreement, to submit the report
required pursuant to paragraph (1) of subdivision (c) of Section
42310.1 and to implement the actions identified in the report. The
board shall enter into the agreement only if both of the following
conditions exist:
(1) The agreement ensures that the report will contain sufficient
information that otherwise would be required to be submitted by
individual manufacturers pursuant to Section 42310.1, and any other
information that is necessary and directly related to the board's
ability to comply with this section.
(2) The agreement ensures that each manufacturer that elects to be
a party to the agreement and that is a member of the trade
association that submits the report shall be liable for the full
amount of any civil penalties that may be imposed or shall comply
with any requirement imposed by the board pursuant to paragraph (1)
of subdivision (b), as selected by the manufacturer. A manufacturer
subject to this paragraph shall not be liable for a civil penalty
greater than one hundred thousand dollars ($100,000), regardless of
the number of trade associations of which the manufacturer is a
member.
(d) Notwithstanding any other provision of this section, a trade
association representing resin manufacturers shall be responsible for
submitting an additional report as provided pursuant to paragraph
(1) of subdivision (c) of Section 42310.1. The resin manufacturer's
trade association is subject to the review, penalties, and sanctions
specified in paragraphs (1) and (2) of subdivision (b). No member of
the resin manufacturer's trade association is liable for penalties
and sanctions set forth in paragraph (1) or (2) of subdivision (b)
pursuant to this subdivision if that member would not otherwise be
subject to those penalties and sanctions.
(e) For the purposes of subdivision (b) and paragraph (1) of
subdivision (c) of Section 42310.1, "feasible" means capable of being
accomplished in a successful manner within a reasonable period of
time, taking into account economic, environmental, social, and
technological factors.
(f) For purposes of Section 42310.1 and this section regarding all
reporting, compliance, and penalty obligations, "manufacturer"
includes all subsidiaries and affiliates.
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.
