The Legislature finds and declares that the redemption of beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage presents a significant threat to the integrity of the beverage container recycling program and fund. It is therefore the intent of the Legislature that no refund value or other recycling program payments be paid to any person for this material. It is further the intent of the Legislature that any person participating in conduct intended to defraud the state’s beverage container recycling program shall be held accountable for that conduct.
Chapter 8.5Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers
Section § 14595
This law states that California wants to protect its beverage container recycling program from fraud. Specifically, it targets the practice of redeeming containers that are imported from out of state, previously redeemed, rejected, or broken during processing. The state does not want to pay recycling refunds or other benefits for such containers and intends to hold accountable those who try to commit fraud in this manner.
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Section § 14595.4
This section defines key terms for understanding the rules in this chapter. Firstly, a "person" could be any individual, business, or organization, regardless of whether they are officially certified or registered. Secondly, "refund value" refers to what a recycler pays for beverage container material, which must be at least 15% more than the average scrap value for that material, with some exceptions if the state department justifies it.
For purposes of this chapter, the following definitions shall apply:
(a)CA Public Resources Code § 14595.4(a) “Person” means any individual, corporation, operation, or entity, whether or not certified or registered pursuant to this division.
(b)CA Public Resources Code § 14595.4(b) “Refund value” means, in addition to the definition in Section 14524, any payment by a certified recycler for beverage container material that is at least 15 percent more than the statewide average scrap value for that material type, as determined by the department for the month in which the payment was made, unless the department determines that a reasonable basis exists for that payment.
beverage container recycling certified recycler scrap value refund value statewide average department determination payment justification material type individual corporation entity certified registered operation
Section § 14595.5
This law makes it illegal for anyone to pay for, claim, or receive refunds or fees on beverage containers that have already been redeemed, are from out-of-state, or are otherwise ineligible. Basically, you can't fraudulently try to get money back on any items that don’t qualify.
It also states that you can't fraudulently redeem or attempt to redeem such containers, nor can you bring them to be redeemed or do anything that helps other people redeem them fraudulently. To enforce this, the relevant department must work to ensure that only eligible materials are considered when calculating commingled rates, meaning they need to make sure the data doesn't include these ineligible materials.
(a)Copy CA Public Resources Code § 14595.5(a)
(1)Copy CA Public Resources Code § 14595.5(a)(1) No person shall pay, claim, or receive any refund value, processing payment, handling fee, or administrative fee for any of the following:
(A)CA Public Resources Code § 14595.5(a)(1)(A) Beverage container material that the person knew, or should have known, was imported from out of state.
(B)CA Public Resources Code § 14595.5(a)(1)(B) A previously redeemed container, rejected container, line breakage, or other ineligible material.
(2)CA Public Resources Code § 14595.5(a)(2) No person shall, with intent to defraud, do any of the following:
(A)CA Public Resources Code § 14595.5(a)(2)(A) Redeem or attempt to redeem an out-of-state container, rejected container, line breakage, previously redeemed container, or other ineligible material.
(B)CA Public Resources Code § 14595.5(a)(2)(B) Return a previously redeemed container to the marketplace for redemption.
(C)CA Public Resources Code § 14595.5(a)(2)(C) Bring an out-of-state container, rejected container, line breakage, or other ineligible material to the marketplace for redemption.
(D)CA Public Resources Code § 14595.5(a)(2)(D) Receive, store, transport, distribute, or otherwise facilitate or aid in the redemption of a previously redeemed container, out-of-state container, rejected container, line breakage, or other ineligible material.
(b)CA Public Resources Code § 14595.5(b) For purposes of implementing subdivision (a), the department shall take all reasonable steps to exclude beverage container material imported from out of state, previously redeemed containers, rejected containers, and line breakage, when conducting surveys to determine a commingled rate pursuant to Section 14549.5.
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Section § 14596
If you're bringing more than 25 pounds of empty aluminum, bimetal, or plastic beverage containers, or over 250 pounds of empty glass beverage containers into California, you must report details about these containers to the state, such as their source and destination. This rule also requires inspections to ensure compliance.
You need to have these containers go through a plant quarantine inspection station to get proof of inspection. It's illegal to skip these inspections, and you can face penalties or charges if you do.
If you violate these rules repeatedly, it can lead to criminal charges. The state has systems in place to enforce these regulations, including potential civil and criminal penalties.
(a)CA Public Resources Code § 14596(a) Any person importing more than 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, into the state, shall report the material to the department and provide the department with all of the following:
(1)CA Public Resources Code § 14596(a)(1) Documentation on the source of the material.
(2)CA Public Resources Code § 14596(a)(2) Documentation on the destination of the material.
(3)CA Public Resources Code § 14596(a)(3) Any other information deemed necessary by the department as it relates to the importation of empty beverage container material.
(4)CA Public Resources Code § 14596(a)(4) An opportunity for inspection, in accordance with the regulations adopted by the department.
(b)Copy CA Public Resources Code § 14596(b)
(1)Copy CA Public Resources Code § 14596(b)(1) (A) In addition to inspections required by the regulations adopted by the department pursuant to subdivision (a), a vehicle entering the state that contains more than 25 pounds of empty beverage container material shall pass through the nearest plant quarantine inspection station maintained pursuant to Section 5341 of the Food and Agricultural Code, and shall obtain proof of inspection from the department.
(B)CA Public Resources Code § 14596(b)(1)(B) The department may enter into an interagency agreement with the Department of Food and Agriculture to implement the requirements of this subdivision.
(2)CA Public Resources Code § 14596(b)(2) The operator of a vehicle that contains more than
25 pounds of empty beverage container material is in violation of this chapter if the operator does any of the following:
(A)CA Public Resources Code § 14596(b)(2)(A) Fails to stop the vehicle at a plant quarantine inspection station.
(B)CA Public Resources Code § 14596(b)(2)(B) Willfully avoids a plant quarantine inspection station.
(C)CA Public Resources Code § 14596(b)(2)(C) Fails to stop upon demand of a clearly identified plant quarantine inspection station officer, an officer of the California Highway Patrol, or an officer of a state or local law enforcement agency, when the officer orders the operator to stop for the purpose of determining whether this operator is in violation of this section.
(c)CA Public Resources Code § 14596(c) The department may impose civil penalties pursuant to Section 14591.1 or take disciplinary action pursuant to Section 14591.2 for a violation of this section.
(d)CA Public Resources Code § 14596(d) Subdivision (c) does not prohibit the imposition of a criminal penalty pursuant to subdivision (a) of Section 14591 for a violation of subdivision (b). A second or subsequent violation of subdivision (b) within three years of a prior conviction of a violation of subdivision (b) shall be punishable as a misdemeanor.
empty beverage containers import reporting inspection requirement 25 pounds threshold 250 pounds glass threshold quarantine inspection station proof of inspection Department of Food and Agriculture civil penalties criminal penalties misdemeanor disciplinary action compliance enforcement source documentation destination documentation
Section § 14597
This law makes it illegal to falsify documents or submit fraudulent claims related to the regulations of this division. If someone is caught falsifying documents, it is seen as intent to commit fraud and misconduct. The responsible department can revoke any certificates or registrations, and take other disciplinary actions.
Submitting false claims based on incorrect or altered information is also prohibited and can result in penalties. The department can demand full repayment for fraudulent claims and take further disciplinary steps, including revocation of any certificates or registration.
(a)CA Public Resources Code § 14597(a) No person shall falsify documents required pursuant to this division or pursuant to regulations adopted by the department. The falsification of these documents is evidence of intent to defraud and, for purposes of subdivision (b) of Section 14591.1, constitutes intentional misconduct. The department may also take disciplinary action pursuant to Section 14591.2 against a person who engages in falsification including, but not limited to, revocation of any certificate or registration.
(b)CA Public Resources Code § 14597(b) No person shall submit, or cause to be submitted, a fraudulent claim pursuant to this division. For purposes of this subdivision, a fraudulent claim is a claim based in whole or in part on false information or falsified documents. Any person who submits a fraudulent claim is subject to the assessment of penalties pursuant to subdivision (b) of Section 14591.1. The department may take action for full restitution for a fraudulent claim, pursuant to Section 14591.4, and may also take disciplinary action pursuant to Section 14591.2 including, but not limited to, revocation of any certificate or registration.
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Section § 14599
This law allows a department to create emergency regulations quickly to implement specific parts of a chapter. These emergency rules are treated as critical for preserving public peace, health, safety, and welfare. They must follow certain established procedures but won't be repealed if filed correctly. Instead, they stay in effect until changed by the department director.
The department may adopt emergency regulations to implement this chapter. Any emergency regulations, if adopted, shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, any emergency regulations adopted pursuant to this section shall be filed with, but not repealed by, the Office of Administrative Law, and shall remain in effect until revised by the director.
emergency regulations department authority public peace health and safety general welfare Office of Administrative Law regulation adoption immediate preservation regulation filing director revision public safety measures
