Section § 14502

Explanation

This section says that the definitions provided in this chapter should be used to understand the rest of this division unless it clearly doesn't make sense to apply them.

Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.

Section § 14503

Explanation

This law defines an 'aluminum beverage container' as one that is mostly made of aluminum.

“Aluminum beverage container” means a beverage container which consists primarily of aluminum.

Section § 14503.5

Explanation

The term 'average monthly volume' refers to how many empty beverage containers a certified recycling center accepts on average in a month.

“Average monthly volume” means the average number of empty beverage containers per month received by a certified recycling center.

Section § 14503.6

Explanation

This law defines a 'beneficiating processor' as someone who is certified by the department as a processor and who also processes cullet, which is broken glass, to make it 'furnace ready' for glass container manufacturers. 'Furnace ready' means the glass has been cleaned, is free from contaminants, and is in the proper form for use by manufacturers without needing more processing.

“Beneficiating processor” means any person certified by the department as a processor who also beneficiates purchased cullet so that it is furnace ready for glass container manufacturers, consistent with prevailing standards in the manufacturing industry. Cullet shall be deemed furnace ready when it has been cleansed, is free of nonglass contaminants, and has been crushed or otherwise processed in such a manner as to be acceptable without further processing by the purchasing glass container manufacturer.

Section § 14504

Explanation

This California law defines what is considered a "beverage" for regulatory purposes. It includes drinks like beer, wine, carbonated and noncarbonated soft drinks, sport drinks, coffee, tea, and vegetable juice, as long as they are in liquid form and ready for consumption. However, beverages don't include milk, medical food, or infant formula, nor drinks sold in containers that aren't aluminum, glass, plastic, or bimetal. The law also defines specific terms such as "infant formula" and "medical food." It will take effect on January 1, 2024.

(a)CA Public Resources Code § 14504(a) Except as provided in subdivision (b), “beverage” means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption:
(1)CA Public Resources Code § 14504(a)(1) Beer and other malt beverages.
(2)CA Public Resources Code § 14504(a)(2) Wine and distilled spirit coolers.
(3)CA Public Resources Code § 14504(a)(3) Carbonated water, including soda and carbonated mineral water.
(4)CA Public Resources Code § 14504(a)(4) Noncarbonated water, including noncarbonated mineral water.
(5)CA Public Resources Code § 14504(a)(5) Carbonated soft drinks.
(6)CA Public Resources Code § 14504(a)(6) Noncarbonated soft drinks and “sport” drinks.
(7)CA Public Resources Code § 14504(a)(7) Carbonated and noncarbonated fruit drinks that contain any percentage of fruit juice.
(8)CA Public Resources Code § 14504(a)(8) Coffee and tea drinks.
(9)CA Public Resources Code § 14504(a)(9) Vegetable juice.
(10)CA Public Resources Code § 14504(a)(10) Distilled spirits.
(11)CA Public Resources Code § 14504(a)(11) Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated.
(12)CA Public Resources Code § 14504(a)(12) Notwithstanding paragraph (1) of subdivision (b), wine or distilled spirits contained in a beverage container that is a box, bladder, or pouch, or similar container, regardless of the material type from which the beverage container is made.
(b)CA Public Resources Code § 14504(b) “Beverage” does not include either of the following:
(1)CA Public Resources Code § 14504(b)(1) Any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container.
(2)CA Public Resources Code § 14504(b)(2) Milk, medical food, or infant formula.
(c)CA Public Resources Code § 14504(c) For purposes of this section, the following definitions shall apply:
(1)CA Public Resources Code § 14504(c)(1) “Infant formula” means any liquid food described or sold as an alternative for human milk for the feeding of infants.
(2)Copy CA Public Resources Code § 14504(c)(2)
(A)Copy CA Public Resources Code § 14504(c)(2)(A) “Medical food” means a food or beverage that is formulated to be consumed, or administered enterally under the supervision of a physician, and that is intended for specific dietary management of diseases or health conditions for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
(B)CA Public Resources Code § 14504(c)(2)(A)(B) A “medical food” is a specially formulated and processed product, for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, and is not a naturally occurring foodstuff used in its natural state.
(C)CA Public Resources Code § 14504(c)(2)(A)(C) “Medical food” includes any product that meets the definition of “medical food” in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)).
(3)CA Public Resources Code § 14504(c)(3) “Noncarbonated soft drink” means a nonalcoholic, noncarbonated naturally or artificially flavored water containing sugar or sweetener or trace amounts of various elements from both natural and synthetic sources.
(d)CA Public Resources Code § 14504(d) This section shall become operative on January 1, 2024.

Section § 14505

Explanation

A "beverage container" refers to the separate bottle, can, jar, carton, or similar item used to sell a drink. It can be made of metal, glass, plastic, or a mix of these materials. However, this definition does not cover cups or loosely sealed containers.

“Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. “Beverage container” does not include cups or other similar open or loosely sealed receptacles.

Section § 14506

Explanation

This section defines what a 'beverage manufacturer' is. Generally, it's anyone who bottles, cans, or fills beverage containers, or imports them for sale. However, if the beverage is beer, wine, or spirits, the 'beverage manufacturer' is the person with the appropriate license from the Department of Alcoholic Beverage Control, even if they have a third party actually bottle or can the product, as long as they sell it to distributors or consumers.

(a)CA Public Resources Code § 14506(a) Except as provided in subdivision (b), “beverage manufacturer” means any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers, for sale to distributors, dealers, or consumers.
(b)CA Public Resources Code § 14506(b) For a beverage container containing beer, wine, or distilled spirits, the “beverage manufacturer” is the person who holds the license from the Department of Alcoholic Beverage Control authorizing the manufacture of the beer, wine, or distilled spirits, regardless of whether that person contracts with a third party to bottle, can, or otherwise fill the beverage container, so long as the beverage container is provided for sale to a distributor, dealer, or consumer by the holder of the license.

Section § 14506.3

Explanation

This law defines what a 'bimetal container' is. It's a type of beverage container that is mainly made of steel but may also have one or more other metals in it.

“Bimetal container” means a beverage container which consists of one or more metals and which is composed primarily of steel.

Section § 14506.5

Explanation

This section defines 'commingled' as a mix of empty beverage containers and other containers made from the same type of material.

“Commingled” means a mix of empty beverage containers, as defined in Section 14512, and all other containers of the same material type.

Section § 14506.7

Explanation

The term "commingled rate" refers to the ratio of empty beverage containers, like cans or bottles, compared to all containers made from the same kind of material. This rate is determined by a specific department.

“Commingled rate” means the ratio of empty beverage containers, as defined in Section 14512, to all other containers of the same material type, as determined by the department.

Section § 14507.5

Explanation

This law defines what a 'Community Conservation Corps' is in California. It's either a nonprofit or a local government agency certified by the California Conservation Corps. These corps are made up of young adults organized into supervised work crews, focusing on hard work, personal development, and public service. They engage in a disciplined work experience which includes an educational component, such as vocational training or schooling. Participants get paid at least the federal minimum wage and receive help finding permanent jobs afterward. The corps also undertakes recycling and conservation projects and helps local governments and nonprofits with community resource development. It requires an average annual enrollment of at least 50 members aged 18 to 26. Evaluation for certification happens after 12 months of operation, with annual assessments thereafter.

(a)CA Public Resources Code § 14507.5(a) “Community Conservation Corps” means a nonprofit public benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, county, or city and county, that is certified by the California Conservation Corps as meeting all of the following criteria:
(1)CA Public Resources Code § 14507.5(a)(1) The corps is organized in the form of supervised work crews and selects young adults for participation on the basis of motivation for hard work, personal development, and public service, without regard to their prior employment or educational background, and consistent with Section 14402. Participation shall be for a period of one year, and may be extended.
(2)CA Public Resources Code § 14507.5(a)(2) The corps’ program is based upon a highly disciplined work experience, includes an educational component, and is designed to develop corpsmembers’ character and civic consciousness through rigorous work on public projects. The educational component of the corps’ program includes enrollment in a vocational education program, public or charter high school, or postsecondary community college.
(3)CA Public Resources Code § 14507.5(a)(3) The corps compensates corpsmembers at not less than the federal minimum wage, and provides corpsmembers assistance in obtaining permanent employment following their participation in the corps program.
(4)CA Public Resources Code § 14507.5(a)(4) The corps engages in recycling and litter abatement projects as well as projects that accomplish the conservationist and other purposes described in subdivisions (a) to (h), inclusive, of Section 14300, and that assist agencies of local government and other nonprofit community organizations in developing, rehabilitating, and restoring parklands, recreational facilities, and other community resources.
(5)CA Public Resources Code § 14507.5(a)(5) The corps consists of an average annual enrollment of not less than 50 corpsmembers between 18 and 26 years of age. In determining the average annual enrollment of a community conservation corps for the purposes of Section 14581.1, the California Conservation Corps shall not include special corpsmembers, as described in Section 14303, who are employed by a community conservation corps.
(b)CA Public Resources Code § 14507.5(b) The California Conservation Corps shall evaluate a community conservation corps for the purpose of determining its eligibility for certification, pursuant to this section, after it has completed 12 months of continuous operation, and annually thereafter.

Section § 14508

Explanation

This section defines a "consumer" as anyone who buys a drink in a beverage container, like a bottle or can, from a retailer for personal use or consumption. This includes places like hotels, restaurants, and vending machines.

“Consumer” means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. “Consumer” includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines.

Section § 14509

Explanation
This law defines a 'container manufacturer' as anyone who makes beverage containers to be filled by beverage companies, including those who import these containers into the state for the same purpose.
“Container manufacturer” means any person who produces beverage containers for filling by beverage manufacturers, including any person who imports these beverage containers from outside of this state for filling by beverage manufacturers.

Section § 14509.3

Explanation

This law defines 'cullet' as scrap glass that comes from used food, drink, or beverage container glass, which was originally made or brought into California for sale.

“Cullet” means scrap glass that is derived from postfilled food, drink, or beverage container glass produced or imported for sale in the state.

Section § 14509.4

Explanation

This law defines what a "convenience zone" is for recycling purposes. It can be either the area within a one-mile radius of a supermarket or an area designated by the department. Additionally, it clarifies that entities receiving handling fees as of December 31, 2022, won't lose these fees due to changes made by Senate Bill 1013.

(a)CA Public Resources Code § 14509.4(a) “Convenience zone” means either of the following:
(1)CA Public Resources Code § 14509.4(a)(1) The area within a one mile radius of a supermarket.
(2)CA Public Resources Code § 14509.4(a)(2) The area designated by the department pursuant to Section 14571.5.
(b)CA Public Resources Code § 14509.4(b) Notwithstanding subdivision (c) of Section 14585, an entity that received handling fees pursuant to Section 14585 as of December 31, 2022, shall not be made ineligible for handling fees as a result of the changes made to this section by Senate Bill 1013 of the 2021–22 Regular Session.

Section § 14509.5

Explanation

A "curbside program" is a type of recycling initiative that collects empty beverage containers directly from homes. These containers must be kept separate from regular trash before collection. The program is either run by or linked to a city, county, or other public agency. Though the program aims to recycle these containers, it doesn't offer any money back for them.

“Curbside program” means a recycling program which meets all of the following criteria:
(a)CA Public Resources Code § 14509.5(a) The program picks up empty beverage containers from individual or multiple family residences, or both, and the empty beverage containers are separated from waste materials prior to being picked up.
(b)CA Public Resources Code § 14509.5(b) The program is operated by, or pursuant to a contract with, a city, county, or other public agency, or is acknowledged, in writing, by a city, county, or other public agency.
(c)CA Public Resources Code § 14509.5(c) The program accepts empty beverage containers from consumers with the intent to recycle them, but does not pay the refund value.

Section § 14510

Explanation

This law defines what a 'dealer' is in the context of selling beverage containers. A 'dealer' refers to a retail store that sells drinks in containers. However, places like hotels, restaurants, bars, and tasting rooms, as well as vending machine operators who sell drinks on-site, aren't considered 'dealers' for this purpose. Still, distributors selling through these entities must pay a redemption fee on these drink containers.

The law also mentions that the department in charge will identify dealers using information from a specified business database updated at least once a year.

(a)CA Public Resources Code § 14510(a) “Dealer” means a retail establishment that offers the sale of beverages in beverage containers to consumers.
(b)CA Public Resources Code § 14510(b) “Dealer” does not include any lodging, eating, or drinking establishment, wine, beer, or distilled spirits tasting room licensed pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), or soft drink vending machine operator who engages in the sale of beverages in beverage containers to consumers for consumption onsite. This subdivision does not exempt a distributor from the redemption payment under Section 14560 for sales of beverages in beverage containers to consumers by an entity specified in this subdivision.
(c)CA Public Resources Code § 14510(c) To determine which retail establishments are dealers, the department shall use annual or more frequent updates provided by American Business Information, Inc., as long as the information provided by American Business Information, Inc., is updated at least annually.

Section § 14510.2

Explanation

A "dealer cooperative" is a type of organization made up of dealers that's allowed to not pay federal income tax, according to tax rules set in 1986. These cooperatives are designed to help dealers offer recycling redemption services. Joining a dealer cooperative is optional for any dealer, and they must have a specific plan for redemption to be part of one.

“Dealer cooperative” means a stewardship organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and formed for the purpose of providing redemption opportunities pursuant to paragraph (2) of subdivision (a) of Section 14578 and consists of dealers that have an approved dealer cooperative redemption plan. A dealer cooperative is voluntary for a dealer to join pursuant to Section 14578.

Section § 14510.5

Explanation

This section defines the term "Department" as referring specifically to the Division of Recycling within the Department of Resources Recycling and Recovery.

“Department” means the Division of Recycling in the Department of Resources Recycling and Recovery.

Section § 14510.6

Explanation

In this section, the term “Director” refers to the Director of Resources Recycling and Recovery, who is responsible for overseeing recycling and resource recovery activities.

“Director” means the Director of Resources Recycling and Recovery.

Section § 14511

Explanation

A 'Distributor' is anyone who sells drinks in containers to retailers in California. This includes manufacturers selling directly and anyone bringing drinks from outside California to sell to retailers or consumers in the state.

“Distributor” means every person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in these sales. “Distributor” includes any person who imports beverages from outside of this state for sale to dealers or consumers in this state.

Section § 14511.5

Explanation

This section defines the term "drink" as including fruit juice and any noncarbonated beverage.

“Drink” means fruit juice or any other noncarbonated drink.

Section § 14511.7

Explanation

This section defines a 'dropoff or collection program' as any certified organization, including individuals, nonprofits, churches, or clubs, that receives empty beverage containers from consumers to recycle them. It also includes facilities that sort beverage containers from waste for recycling. However, it specifically excludes certified recycling centers and curbside recycling programs from this definition.

“Dropoff or collection program” means any person, association, nonprofit corporation, church, club, or other organization certified by the department, and that accepts or collects empty beverage containers from consumers with the intention to recycle them, or any waste reduction facility that separates beverage containers from the waste stream with the intent to recycle them. “Dropoff or collection program” does not include a certified recycling center or curbside program.

Section § 14512

Explanation

An 'empty beverage container' is defined by specific conditions. First, the container must have its seal opened or removed. Second, it should not contain any foreign materials other than the drink's original residue. Third, it must display a required message or be refillable. Lastly, it should have an established refund value.

“Empty beverage container” means a beverage container which meets all of the following requirements:
(a)CA Public Resources Code § 14512(a) Has the seal or closure installed by the manufacturer broken or removed.
(b)CA Public Resources Code § 14512(b) Does not contain foreign materials other than the residue of the beverage originally packaged in the beverage container by the manufacturer.
(c)CA Public Resources Code § 14512(c) Bears the message required by Section 14561, or is a refillable beverage container.
(d)CA Public Resources Code § 14512(d) Has a refund value established pursuant to Section 14560.

Section § 14512.5

Explanation

This law describes what 'food or drink packaging material' means. It refers to any packaging used to sell food or drinks in stores that isn't a drink container, and the food or drink is meant to be consumed somewhere other than where it's sold.

“Food or drink packaging material” means any material which is not a beverage container in which a food or drink is sold in a retail establishment and the food or drink is not intended for consumption on the seller’s premises.

Section § 14512.6

Explanation

This law section defines what 'for recycling' means. It states that a beverage container is considered 'for recycling' only if a processor receives it with a plan to truly recycle it.

“For recycling” means that an empty beverage container has been received by a processor who has an arrangement whereby that container will actually be recycled.

Section § 14512.7

Explanation

This section defines the term 'Fund' as the California Beverage Container Recycling Fund, which is created under a specific part of the law.

“Fund” means the California Beverage Container Recycling Fund established pursuant to subdivision (a) of Section 14580.

Section § 14513

Explanation

This section defines a 'glass beverage container' as a container used for drinks that is mainly made out of glass.

“Glass beverage container” means a beverage container which has a body consisting primarily of glass.

Section § 14513.2

Explanation

This law defines what a 'glass container manufacturer' is in California. It applies to any person or company making commercial containers, mainly from glass—whether new or recycled—for sale in California or abroad. It specifically includes manufacturers of beverage and food packaging made mostly of glass. Notably, for beer and malt beverages made outside California, the manufacturer is considered to be the one named on a specific compliance certificate.

(a)CA Public Resources Code § 14513.2(a) Except as provided under Section 14549, “glass container manufacturer” means a person who manufactures commercial containers, whose principal component part or parts consist of virgin glass, postfilled glass, or any combination of both, for sale in California or for export to other states or countries.
(b)CA Public Resources Code § 14513.2(b) “Glass container manufacturer” includes, but is not limited to, all commercial manufacturing operations which produce beverage containers, food or drink packaging material made primarily of glass, or any combination of both of those items. For beer and other malt beverages manufactured outside the state, the container manufacturer shall be deemed to be the person or entity named on the certificate of compliance issued pursuant to Section 23671 of the Business and Professions Code.

Section § 14513.3

Explanation

This law defines a 'glass food or drink container' as any container made mainly from new or recycled glass, or a mix of both, that holds food or drink and is sold in California.

“Glass food or drink container” means any nonbeverage container, whose principal component part or parts consist of virgin glass, postfilled glass, or any combination of both, in which any food or drink is sold or offered for sale in California.

Section § 14513.4

Explanation

This law section defines the term "handling fee" as the amount paid to certain recycling operators for each beverage container they redeem. These operators can include supermarket sites, rural region recyclers, or nonprofit convenience zone recyclers located within a specific area known as a convenience zone.

“Handling fee” means an amount paid to an operator of a supermarket site, a rural region recycler, as defined in Section 14525.5.1, or a nonprofit convenience zone recycler, as defined in Section 14514.7, that is located in a convenience zone, for every beverage container redeemed by the operator at the supermarket or within the zone in which the supermarket site is located, by the rural region recycler, or by the nonprofit convenience zone recycler.

Section § 14513.5

Explanation

This section defines 'HDPE' as a type of plastic beverage container that is marked with the number '2', indicating it is made from high-density-polyethylene resin, as per specific labeling standards.

“HDPE” means a plastic beverage container labeled with a “2” for high-density-polyethylene resin pursuant to Section 18015 and subject to this division.

Section § 14514

Explanation

This section defines a 'managing employee' as someone who oversees the operations of a facility or has the authority from a certified operator to sign shipping reports. It is not limited to these roles, meaning it could include other managerial duties as well.

“Managing employee” includes, but is not limited to, any person who manages the operation of a facility or is authorized by the certified operator to sign shipping reports.

Section § 14514.6

Explanation

This law section defines the term “Not for recycling.” It refers to a situation where a processor has received an empty beverage container but has no plan or agreement to actually recycle that container.

“Not for recycling” means that an empty beverage container has been received by a processor who does not have an arrangement whereby that container will actually be recycled.

Section § 14514.7

Explanation

A "nonprofit convenience zone recycler" is a type of recycling center run by a nonprofit organization. It qualifies either by being in a designated convenience zone and certified by the state, or by being near a supermarket in an exempt convenience zone. This means it must be operated by a nonprofit under certain IRS sections and meet specific location and certification requirements.

“Nonprofit convenience zone recycler” means a recycling center that is either of the following:
(a)CA Public Resources Code § 14514.7(a) A recycling center that meets all of the following criteria:
(1)CA Public Resources Code § 14514.7(a)(1) The recycling center is operated by an organization established under Section 501(c) or 501(d) of Title 26 of the United States Code.
(2)CA Public Resources Code § 14514.7(a)(2) The recycling center is certified by the department pursuant to Section 14538.
(3)CA Public Resources Code § 14514.7(a)(3) The recycling center is located within a convenience zone, but is not necessarily a supermarket site.
(b)CA Public Resources Code § 14514.7(b) A recycling center that meets all of the following criteria:
(1)CA Public Resources Code § 14514.7(b)(1) The recycling center is operated by an organization established under Section 501(c) or 501(d) of Title 26 of the United States Code.
(2)CA Public Resources Code § 14514.7(b)(2) The recycling center is certified by the department pursuant to Section 14538.
(3)CA Public Resources Code § 14514.7(b)(3) The recycling center is located within two miles of a supermarket that is in a convenience zone that is exempt from the requirements of subdivision (a) of Section 14571.

Section § 14515

Explanation

This law defines an "other beverage container" as a bottle or can made from metal, glass, plastic, or mixed materials, but it excludes those specifically made from aluminum, bimetal, glass, or plastic.

“Other beverage container” means a beverage container which has a body consisting of metal, glass, plastic, other materials, or a combination of these, but which is not an aluminum, bimetal, glass, or plastic beverage container.

Section § 14515.1

Explanation

This section defines what an “out-of-state container” is. It's a used beverage container or part of one that isn't covered by a specific California recycling law (Section 14560) and is brought into California from another state.

“Out-of-state container” means a used beverage container or used beverage container component that is not subject to Section 14560, and that is brought into this state.

Section § 14515.2

Explanation

This section defines "person" in a broad way, including not just individuals, but also corporations, operations, or entities. Importantly, it doesn't matter if they are certified or registered under this specific division—anyone or anything can qualify as a "person."

“Person” means any individual, corporation, operation, or entity, whether or not certified or registered pursuant to this division.

Section § 14515.5

Explanation

This law defines a 'PET container' as a plastic beverage container marked with the number '1' as required by another law. It specifies that this type of container is subject to certain regulatory requirements.

“PET container” means a plastic beverage container labeled with a “1” pursuant to Section 18015 and subject to this division.

Section § 14515.6

Explanation

This law defines a 'physical recycling location' as a spot in a convenience zone with one or more reverse vending machines that take all kinds of empty aluminum, glass, and plastic beverage containers and give back cash or a credit slip. These machines must be within 10 feet of each other. They also need to accept unique sizes or materials of containers as approved by the department. A location is not considered a physical recycling location if it has machines that don't accept all types of those containers or if it includes dropoff bins.

“Physical recycling location” means the area in a convenience zone served by one or more reverse vending machines which accept all empty aluminum, glass, and plastic beverage containers and issue a cash refund or a redeemable credit slip and are located within 10 feet of each other. The physical recycling location shall redeem odd sized empty beverage containers or empty beverage containers made from other material types in a manner approved by the department. “Physical recycling location” does not include a combination of reverse vending machines which accept less than all empty aluminum, glass, and plastic beverage containers and one or more dropoff bins.

Section § 14515.8

Explanation

A "pilot project recycler" refers to a specific type of recycling location set up under the guidelines of another law, specifically Section 14571.9. This rule is only in effect until January 1, 2034, after which it will no longer be valid.

(a)CA Public Resources Code § 14515.8(a) “Pilot project recycler” means a recycling location established under Section 14571.9.
(b)CA Public Resources Code § 14515.8(b) This section shall remain in effect only until January 1, 2034, and as of that date is repealed.

Section § 14516

Explanation

This law defines what is meant by a dealer's 'place of business' as the actual spot where a dealer sells beverages in containers to customers or has them available for sale.

“Place of business of the dealer” means the location at which a dealer sells, or offers for sale, beverages in beverage containers to consumers.

Section § 14517

Explanation

A 'plastic beverage container' refers to a drink container that is mostly made of plastic.

“Plastic beverage container” means a beverage container which has a body consisting primarily of plastic.

Section § 14517.5

Explanation

The law defines a 'postfilled container' as any container that has already been filled with a beverage or food and used for that purpose before.

“Postfilled container” means any container which had been previously filled with a beverage or food.

Section § 14518

Explanation

A "Processor" is anyone certified by the department to buy empty beverage containers that have a refund value, like aluminum, glass, or plastic, from recycling centers. They either recycle these containers or, if they can't be recycled, handle them accordingly. The Processor must cancel the refund value of these containers by processing them in a way approved by the department. Importantly, the department cannot regulate scrap dealers or recycling centers acting as processors unless it's allowed by other parts of the law.

“Processor” means any person, including a scrap dealer, certified by the department who purchases empty aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, or any other beverage containers, including any one or more of those beverage containers, which have a refund value established pursuant to this division, from recycling centers in this state for recycling, or, if the container is not recyclable, not for recycling, and who cancels, or who certifies to the department in a form prescribed by the department the cancellation of, the refund value of these empty beverage containers by processing empty beverage containers, in any manner which the department may prescribe. However, the department shall not take any action regulating scrap dealers or recycling centers who are processors or recycling centers unless authorized by and pursuant to the goals of this division.

Section § 14518.4

Explanation

The term "processing fee" refers to the money that beverage manufacturers have to pay to a specific government department, as required under a different law, Section 14575.

“Processing fee” means the amount paid by beverage manufacturers to the department pursuant to Section 14575.

Section § 14518.5

Explanation

Processing payments are funds given to recycling programs and facilities when the value offered by manufacturers for recycled materials is too low. These payments help ensure that recycling centers can economically recycle certain containers. The state department determines how much these payments should be.

“Processing payment” means an amount paid to processors, dropoff or collection programs, curbside programs, and recycling centers by the department pursuant to subdivision (a) of Section 14573 and subdivision (a) of Section 14573.5 when the department determines that the scrap value being offered by container manufacturers, beverage manufacturers, or willing purchasers for a particular container material is insufficient to insure the economic recovery of the container type at the minimum number of recycling centers or locations required pursuant to Section 14571. The processing payment shall be determined by the department pursuant to Section 14575.

Section § 14519

Explanation

This law defines the terms 'recycle,' 'recycled,' 'recycling,' and 'recyclable' specifically for beverage containers. It describes recycling as either reusing or refilling containers or as processing them by sorting, cleaning, treating, and changing them into new forms for use again. Simply sorting or compressing containers, or throwing them away, is not considered recycling under this law.

“Recycle,” “recycled,” “recycling,” or “recyclable” means the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. “Recycle,” “recycled,” “recycling,” or “recyclable” does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container.

Section § 14519.5

Explanation

In this law, a 'Recycler' is defined as any place or program where recycling happens, like a recycling center, a drop-off location, or a curbside pickup service.

“Recycler” means a recycling center, dropoff or collection program, or curbside program.

Section § 14520

Explanation

A "recycling center" is a certified operation that takes in empty beverage containers from consumers and gives them a refund value for recycling those containers.

“Recycling center” means an operation which is certified by the department and which accepts from consumers, and pays or provides the refund value pursuant to Section 14572 for, empty beverage containers intended to be recycled.

Section § 14520.5

Explanation

A "recycling location" is defined as any place or device like a mobile unit or reverse vending machine where certified recycling centers take back empty beverage containers from consumers and give them the refund value for those containers.

“Recycling location” means a place, mobile unit, reverse vending machine, or other device where a certified recycling center accepts one or more types of empty beverage containers from consumers, and pays or provides the refund value for one or more types of empty beverage containers.

Section § 14520.6

Explanation

This section defines a 'noncertified recycler' as any person or organization that buys empty drink containers from people or collection sites, but isn't officially approved by the department.

“Noncertified recycler” means a person, entity, or operation which is not certified by the department and which purchases empty beverage containers from consumers, or from dropoff or collection programs.

Section § 14521

Explanation

This law defines 'recycling rate' as the percentage of empty drink containers, sorted by type, that are sent to recycling processors. The calculation method follows the guidelines in Section 14551.

“Recycling rate” means the proportion of empty beverage containers by type returned to processors for recycling, measured in the manner prescribed in Section 14551.

Section § 14522.5

Explanation

This law explains that "redemption" or "redeem" refers to taking an empty beverage container to a recycling center or a designated location to get back at least the refund value of that container.

“Redemption” and “redeem” means the return to a recycling center or location of an empty beverage container for a refund of at least the refund value.

Section § 14523

Explanation

In this section, 'redemption payment' refers to the minimum fee that a distributor must pay to the department for each beverage container they sell or give to a dealer.

“Redemption payment” means the minimum amount paid by a distributor to the department for every beverage container sold or transferred to a dealer.

Section § 14523.5

Explanation

The term "redemption rate" refers to the percentage of empty beverage containers that people bring back to processors, as outlined in another specific section of the law.

“Redemption rate” means the proportion of empty beverage containers returned to processors measured in the manner prescribed in Section 14551.

Section § 14524

Explanation

This law defines 'refund value' as the money set for each beverage container type, which varies based on who is paying it. First, certified recycling centers pay consumers or collection centers for containers they return, and this isn't taxed under personal or corporate income tax laws. Second, processors pay recycling centers or collection programs for containers they receive. Lastly, the department pays processors for containers they get from recycling centers or programs.

“Refund value” means the amount established for each type of beverage container pursuant to Section 14560 that is paid by the following:
(a)CA Public Resources Code § 14524(a) A certified recycling center to the consumer or dropoff or collection center for each beverage container redeemed by the consumer or dropoff or collection center. With respect to consumers returning containers to recycling centers, the refund value shall not be subject to tax under the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code).
(b)CA Public Resources Code § 14524(b) A processor to a certified recycling center, dropoff or collection program, or curbside program, for each beverage container received from the certified recycling center, dropoff or collection program, or curbside program.
(c)CA Public Resources Code § 14524(c) The department to a processor, for each beverage container received by the processor from a certified recycling center, curbside program, or dropoff or collection program.

Section § 14525

Explanation

This law defines what qualifies as a 'refillable beverage container'. It includes aluminum, bimetal, glass, plastic, or other types of beverage containers that hold 150 fluid ounces or less. These containers must also have a deposit of at least three cents and are typically returned to the manufacturer to be refilled and resold.

“Refillable beverage container” means any aluminum beverage container, bimetal beverage container, glass beverage container, plastic beverage container, or other beverage container, holding 150 fluid ounces or less of beverage, which has a minimum deposit of three cents ($0.03), and which ordinarily would be returned to the manufacturer to be refilled and resold.

Section § 14525.1

Explanation

This section defines a 'reusable beverage container' as a glass bottle that has a set refund value. It is meant to be processed for cleaning and refilled for resale by the beverage maker.

“Reusable beverage container” means a glass beverage container with a refund value established pursuant to Section 14560 and that is processed by a processor for subsequent washing for refill and sale by a beverage manufacturer.

Section § 14525.5

Explanation

A reverse vending machine is a device that takes empty beverage containers and gives back cash or a credit slip equal to or greater than the refund value of the containers. When multiple containers are returned at once, the refund values are added together and paid out as a single sum.

“Reverse vending machine” means a mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container’s refund value. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction.

Section § 14526

Explanation

"Scrap value" refers to the amount of money someone gets for recyclable container materials once the costs for shipping and handling are taken out.

“Scrap value” means the price paid for container material types subject to this division, after shipping and handling costs are deducted.

Section § 14526.5

Explanation

A "supermarket" is defined as a self-service retail store that sells a variety of groceries and some perishable items, with at least $2 million in annual sales. The department uses information from the Progressive Grocer Marketing Guidebook to identify which stores qualify as supermarkets.

“Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items. For purposes of determining which dealers are supermarkets, the department shall use the annual updates of the Progressive Grocer Marketing Guidebook and any computer printouts developed in conjunction with the guidebook.

Section § 14526.6

Explanation

This law section defines what qualifies as a "supermarket site" for recycling centers. It specifies that a supermarket site is a certified recycling center where all kinds of empty beverage containers can be returned, as per the rules of another section. Such a center can be located inside or right next to the entrance of a supermarket, or in its parking lot or loading area. The supermarket must be the main point of what's called a convenience zone, or a dealer located in that zone. The location must also be reachable by car.

“Supermarket site” means any certified recycling center which redeems all types of empty beverage containers in accordance with Section 14572, and which is located within, or outside and immediately adjacent to the entrance of, or at, or within a parking lot or loading area surrounding, a supermarket which is the focal point of a convenience zone, or a dealer that is located within that zone, and which is accessible to motor traffic.

Section § 14527

Explanation

This section explains that "use or consumption" of a beverage refers to any kind of interacting with or using it as an owner would, such as drinking it. However, it doesn't cover selling the beverage or storing it to be sold later.

“Use or consumption” includes the exercise of any right or power over a beverage incidental to the beverage’s ownership, including, but not limited to, drinking the beverage. “Use or consumption” does not include the sale, or the keeping or retention, of a beverage for the purposes of sale.

Section § 14528

Explanation

A Universal Product Code (UPC) is an 11-digit number that identifies specific details such as the brand, size, type, and manufacturer of a beverage container or consumer package, using bars and spaces for scanning.

“Universal product code” is an 11-digit, all-numeric code that represents a beverage container or other consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning.

Section § 14528.1

Explanation

This law defines "voluntary artificial scrap value" as the price a buyer pays for empty PET containers. Importantly, when this price is combined with certain payments from a designated PET processing account, it should meet or exceed the recycling costs for these containers.

“Voluntary artificial scrap value” means a price paid by a willing purchaser of empty PET containers, that reflects the payment of the scrap value for all PET containers sold, and that, when combined with payments made from the PET processing fee account pursuant to clause (ii) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 14581, is equal to, or more than, the recycling cost for empty PET containers, as determined in subdivision (d) of Section 14575.

Section § 14528.5

Explanation

This law defines what a "wine and distilled spirit cooler" is. It's a type of drink that includes wine or spirits with added juice or flavors. The rules in this section will start being enforced on January 1, 2024.

(a)CA Public Resources Code § 14528.5(a) “Wine and distilled spirit cooler” means a beverage containing wine or distilled spirits to which is added concentrated or unconcentrated juice or flavoring material.
(b)CA Public Resources Code § 14528.5(b) This section shall become operative on January 1, 2024.

Section § 14529

Explanation

This law sets statewide rules for recycling-related fees for beverage containers, like refund values and deposits, and prevents local governments from creating their own rules about these fees unless specifically allowed by the state law. If a federal or new state initiative law is passed regarding these fees, this state law would stop being in effect. However, local governments can still manage and charge fees for curbside or dropoff recycling programs.

This division is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this division occupies the whole field of regulation of recycling-related refund values, redemption payments, deposits, and similar fees relating to beverage containers, as provided in this division, and to containers of wine and distilled spirits products. No city, county, or other public agency may enforce or implement any existing or new ordinance, resolution, regulation, or rule establishing recycling-related refund values, redemption payments, deposits, or similar fees relating to these containers in the state unless expressly authorized by this division. If a federal law is enacted which establishes recycling-related refund values, redemption payments, deposits, and similar fees, relating to beverage containers, other than a federal law only affecting federal lands, or if a state law is enacted by initiative, which establishes recycling-related refund values, redemption payments, deposits, and similar fees relating to beverage containers, this division shall become inoperative. This section does not prohibit the implementation or enforcement of any ordinance or regulation governing curbside or dropoff recycling programs operated by, or pursuant to a contract with, a city, county, or other public agency, including actions relating to fees, or establishing fees, for these programs.

Section § 14529.5

Explanation

This law states that if the department or any person or entity takes steps to boost recycling efforts, such as affecting scrap values, changing the quantities of materials being recycled, or altering how beverage sales are invoiced, it isn't considered a violation of certain California competition and business fairness laws. However, this exception doesn't apply to actions specifically by recycling centers that seek to increase beverage container recycling.

Any action to increase recycling taken by the department, or by any person or entity, affecting scrap values, the quantities of materials being recycled, or the method of invoicing the sale of beverages pursuant to this division is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code) and the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code). This section does not apply to any action taken by a recycling center to increase the recycling of beverage containers.

Section § 14529.7

Explanation

This law states that normally, California's rules about deposits for beverage containers don't apply to national parks, military bases, or other federal properties. However, if federal law allows it, these rules can apply to these places, but only for containers not covered by their own deposit programs. A 'program involving the collection and payment of deposits' means any federal property’s system where buyers pay a deposit on beverage containers and can get that deposit back later.

(a)CA Public Resources Code § 14529.7(a) Except as provided in subdivision (b), this division does not apply to any program involving the collection and payment of deposits for beverage containers sold, used, or consumed at national parks and monuments, military installations, or any other property owned by and under the jurisdiction of the United States.
(b)CA Public Resources Code § 14529.7(b) To the extent permitted by federal law, this division, including, but not limited to, Section 14560.5, shall apply to a national park or monument, military installation, or any other property owned by, and under the jurisdiction of, the United States, with regard to a beverage container not otherwise subject to a program involving the collection and payment of deposits for beverage containers.
(c)CA Public Resources Code § 14529.7(c) For purposes of this section, “a program involving the collection and payment of deposits” means a program, other than one imposed pursuant to this division, at a national park or monument, military installation, or any other property owned by, and under the jurisdiction of, the United States, that imposes a deposit on a beverage container at the time of sale and provides an opportunity for the beverage container purchaser to redeem the deposit at the national park or monument, military installation, or other property owned by, and under the jurisdiction of, the United States.

Section § 14503.5.1

Explanation

The term "bag drop recycling center" refers to a place run by a certified recycling center where people can leave their bagged empty drink containers to get them recycled. These centers might use a machine specifically designed for bag drop-offs.

“Bag drop recycling center” means a recycling mechanism operated by a certified recycling center at which consumers can drop off bagged empty beverage containers for redemption. A bag drop recycling center may use a bag drop machine.

Section § 14514.4.1

Explanation

A "Neighborhood dropoff program" is a recycling initiative that satisfies three specific conditions. First, it must be certified by the appropriate department as a valid dropoff or collection program. Second, it needs to be officially chosen by a city or county to serve residential neighborhoods that the local government specifies for recycling services. Lastly, the program must operate within a rural region as legally defined.

“Neighborhood dropoff program” means a recycling program that meets all of the following criteria:
(a)CA Public Resources Code § 14514.4.1(a) The program is certified by the department as a dropoff or collection program.
(b)CA Public Resources Code § 14514.4.1(b) The program has been designated by a city, county, or city and county to provide a recycling opportunity in residential neighborhoods specified by the city, county, or city and county.
(c)CA Public Resources Code § 14514.4.1(c) The program is located in a rural region, as identified pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 14571.

Section § 14525.5.1

Explanation

A "rural region recycler" is a certified operator who collects empty beverage containers from people living in rural areas to recycle them.

“Rural region recycler” means an operator that is certified pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 14571, and who accepts or collects empty beverage containers from consumers pursuant to Section 14572 with the intention to recycle them.