Section § 42992

Explanation

If you buy a new mattress, retailers must offer to pick up your old one for recycling when they deliver the new mattress, at no extra cost, unless it's contaminated and unsafe.

They can use third-party services for delivery and pickup but can charge for delivering the new mattress. Common carriers, like those used for online purchases, don't have to take the old mattress. However, starting January 1, 2021, they must offer to organize recycling pickup within 30 days if they deliver the mattress.

(a)CA Pampublikong Mapagkukunan Code § 42992(a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for recovery at the time of delivery, at no additional cost to the consumer, if a new mattress is delivered to the consumer.
(b)CA Pampublikong Mapagkukunan Code § 42992(b) A retailer may contract out to a third party for the delivery of a new mattress or pickup of a used mattress.
(c)CA Pampublikong Mapagkukunan Code § 42992(c) A retailer is not prohibited from charging the consumer for the cost of the delivery of a new mattress.
(d)CA Pampublikong Mapagkukunan Code § 42992(d) A retailer or third-party contractor delivering a new mattress may refuse to pick up a used mattress from a consumer if the retailer or contractor determines the used mattress is contaminated and poses a risk to personnel, new products, or equipment.
(e)CA Pampublikong Mapagkukunan Code § 42992(e) A common carrier delivering a new mattress to a consumer as a result of an online purchase is not required to pick up a used mattress for recovery.
(f)CA Pampublikong Mapagkukunan Code § 42992(f) On and after January 1, 2021, if a new mattress is delivered to a consumer by common carrier, including, but not limited to, as a result of an online purchase, the retailer of that mattress shall offer to arrange to pick up a used mattress for recycling from that consumer within 30 days of the delivery of the new mattress, subject to subdivision (d).