DIVISION 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT [14500. - 14599.]
Division 12.1 added by Stats. 1986, Ch. 1290, Sec. 2.
§§ 14500–14599 · 181 sections
CHAPTER 1. Findings §§ 14500–14501.5 · 3 sections
- § 14500 This division shall be known and may be cited as the California Beverage Container Recycling and Litter Reduction Act.
- § 14501 The Legislature finds and declares as follows: (a) Experience in this state and others demonstrates that financial incentives and convenient return systems…
- § 14501.5 This division does not apply to any beverage container which is sold and delivered to a railroad, sleeping car, or steamship company, or common carrier…
CHAPTER 2. Definitions §§ 14502–14529.7 · 73 sections
- § 14502 Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
- § 14503 “Aluminum beverage container” means a beverage container which consists primarily of aluminum.
- § 14503.5 “Average monthly volume” means the average number of empty beverage containers per month received by a certified recycling center.
- § 14503.5.1 “Bag drop recycling center” means a recycling mechanism operated by a certified recycling center at which consumers can drop off bagged empty beverage…
- § 14503.6 “Beneficiating processor” means any person certified by the department as a processor who also beneficiates purchased cullet so that it is furnace ready for…
- § 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…
- § 14505 “Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which…
- § 14506 (a) Except as provided in subdivision (b), “beverage manufacturer” means any person who bottles, cans, or otherwise fills beverage containers, or imports…
- § 14506.3 “Bimetal container” means a beverage container which consists of one or more metals and which is composed primarily of steel.
- § 14506.5 “Commingled” means a mix of empty beverage containers, as defined in Section 14512, and all other containers of the same material type.
- § 14506.7 “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…
- § 14507.5 (a) “Community Conservation Corps” means a nonprofit public benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of…
- § 14508 “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…
- § 14509 “Container manufacturer” means any person who produces beverage containers for filling by beverage manufacturers, including any person who imports these…
- § 14509.3 “Cullet” means scrap glass that is derived from postfilled food, drink, or beverage container glass produced or imported for sale in the state.
- § 14509.4 (a) “Convenience zone” means either of the following: (1) The area within a one mile radius of a supermarket. (2) The area designated by the department…
- § 14509.5 “Curbside program” means a recycling program which meets all of the following criteria: (a) The program picks up empty beverage containers from individual or…
- § 14510 (a) “Dealer” means a retail establishment that offers the sale of beverages in beverage containers to consumers. (b) “Dealer” does not include any lodging,…
- § 14510.2 “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…
- § 14510.5 “Department” means the Division of Recycling in the Department of Resources Recycling and Recovery.
- § 14510.6 “Director” means the Director of Resources Recycling and Recovery.
- § 14511 “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…
- § 14511.5 “Drink” means fruit juice or any other noncarbonated drink.
- § 14511.7 “Dropoff or collection program” means any person, association, nonprofit corporation, church, club, or other organization certified by the department, and that…
- § 14512 “Empty beverage container” means a beverage container which meets all of the following requirements: (a) Has the seal or closure installed by the manufacturer…
- § 14512.5 “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…
- § 14512.6 “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.
- § 14512.7 “Fund” means the California Beverage Container Recycling Fund established pursuant to subdivision (a) of Section 14580.
- § 14513 “Glass beverage container” means a beverage container which has a body consisting primarily of glass.
- § 14513.2 (a) Except as provided under Section 14549, “glass container manufacturer” means a person who manufactures commercial containers, whose principal component…
- § 14513.3 “Glass food or drink container” means any nonbeverage container, whose principal component part or parts consist of virgin glass, postfilled glass, or any…
- § 14513.4 “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…
- § 14513.5 “HDPE” means a plastic beverage container labeled with a “2” for high-density-polyethylene resin pursuant to Section 18015 and subject to this division.
- § 14514 “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…
- § 14514.4.1 “Neighborhood dropoff program” means a recycling program that meets all of the following criteria: (a) The program is certified by the department as a dropoff…
- § 14514.6 “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…
- § 14514.7 “Nonprofit convenience zone recycler” means a recycling center that is either of the following: (a) A recycling center that meets all of the following…
- § 14515 “Other beverage container” means a beverage container which has a body consisting of metal, glass, plastic, other materials, or a combination of these, but…
- § 14515.1 “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…
- § 14515.2 “Person” means any individual, corporation, operation, or entity, whether or not certified or registered pursuant to this division.
- § 14515.5 “PET container” means a plastic beverage container labeled with a “1” pursuant to Section 18015 and subject to this division.
- § 14515.6 “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…
- § 14515.8 (a) “Pilot project recycler” means a recycling location established under Section 14571.9. (b) This section shall remain in effect only until January 1, 2034,…
- § 14516 “Place of business of the dealer” means the location at which a dealer sells, or offers for sale, beverages in beverage containers to consumers.
- § 14517 “Plastic beverage container” means a beverage container which has a body consisting primarily of plastic.
- § 14517.5 “Postfilled container” means any container which had been previously filled with a beverage or food.
- § 14518 “Processor” means any person, including a scrap dealer, certified by the department who purchases empty aluminum beverage containers, bimetal beverage…
- § 14518.4 “Processing fee” means the amount paid by beverage manufacturers to the department pursuant to Section 14575.
- § 14518.5 “Processing payment” means an amount paid to processors, dropoff or collection programs, curbside programs, and recycling centers by the department pursuant to…
- § 14519 “Recycle,” “recycled,” “recycling,” or “recyclable” means the reuse or refilling of empty beverage containers, or the process of sorting, cleansing, treating,…
- § 14519.5 “Recycler” means a recycling center, dropoff or collection program, or curbside program.
- § 14520 “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…
- § 14520.5 “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…
- § 14520.6 “Noncertified recycler” means a person, entity, or operation which is not certified by the department and which purchases empty beverage containers from…
- § 14521 “Recycling rate” means the proportion of empty beverage containers by type returned to processors for recycling, measured in the manner prescribed in Section…
- § 14522.5 “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.
- § 14523 “Redemption payment” means the minimum amount paid by a distributor to the department for every beverage container sold or transferred to a dealer.
- § 14523.5 “Redemption rate” means the proportion of empty beverage containers returned to processors measured in the manner prescribed in Section 14551.
- § 14524 “Refund value” means the amount established for each type of beverage container pursuant to Section 14560 that is paid by the following: (a) A certified…
- § 14525 “Refillable beverage container” means any aluminum beverage container, bimetal beverage container, glass beverage container, plastic beverage container, or…
- § 14525.1 “Reusable beverage container” means a glass beverage container with a refund value established pursuant to Section 14560 and that is processed by a processor…
- § 14525.5 “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…
- § 14525.5.1 “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…
- § 14526 “Scrap value” means the price paid for container material types subject to this division, after shipping and handling costs are deducted.
- § 14526.5 “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…
- § 14526.6 “Supermarket site” means any certified recycling center which redeems all types of empty beverage containers in accordance with Section 14572, and which is…
- § 14527 “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,…
- § 14528 “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…
- § 14528.1 “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…
- § 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…
- § 14529 This division is a matter of statewide interest and concern and is applicable uniformly throughout the state. Accordingly, this division occupies the whole…
- § 14529.5 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…
- § 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…
CHAPTER 3. Administration §§ 14530–14549.9 · 35 sections
- § 14530 This division shall be administered by the department. Notwithstanding Section 607, the department may, for organizational purposes, create a new division,…
- § 14530.1 There is hereby created within the department a recycling financial analysis and policy development unit, to develop, analyze, consolidate, and evaluate…
- § 14530.2 The Division of Recycling shall be administered by an assistant director who is appointed by the Governor. The appointment shall be exempt from civil service.
- § 14530.5 (a) For purposes of entering into contracts for consulting, promotional, or advisory services necessary to implement this division, the requirements of…
- § 14530.6 Upon the request of the department, the Attorney General shall represent the department and the state in litigation concerning affairs of the department.
- § 14531 A payment made pursuant to this division, including, but not limited to, a handling fee payment, refund value payment, processing fee payment, or processing…
- § 14536 (a) Except as provided in subdivision (b), the director shall adopt, amend, or repeal all rules and regulations in accordance with Chapter 3.5 (commencing with…
- § 14536.1 Notwithstanding Section 14536, if the department determines that it is necessary to adopt or amend regulations to implement Section 14575, the department may…
- § 14536.3 A traffic officer, as defined in Section 625 of the Vehicle Code, or a peace officer, as specified in Section 830.1 of the Penal Code, may enforce this…
- § 14536.5 (a) In carrying out the division, the department may solicit and use all expertise available in other state agencies and where an existing state agency…
- § 14536.7 For purposes of Section 12024.13 of the Business and Professions Code, the department shall notify the Department of Food and Agriculture of any changes to…
- § 14537 The department shall keep accurate books, records, and accounts of all of its dealings, and these books, records, and accounts are subject to an annual audit…
- § 14537.1 The department shall, to the extent feasible, make efforts to streamline and consolidate forms used by wineries who are also distributors to both register as…
- § 14537.5 The department shall provide on its internet website information that enables consumers to identify the geographic location of all points of redemption for…
- § 14538 (a) (1) The department shall certify an operator of a recycling center pursuant to this section. (2) The department shall review whether an application for…
- § 14539 (a) (1) The department shall certify processors pursuant to this section. (2) The department shall review whether an application for certification or renewal…
- § 14539.5 (a) The department shall certify dropoff and collection programs pursuant to this section. The director shall adopt, by regulation, requirements and standards…
- § 14540 The department may review and verify all applications for certification of recycling centers and processors, and may conduct a comprehensive field…
- § 14541 (a) The department may issue a certificate pursuant to an initial or renewal application for certification as probationary, and the department may issue any…
- § 14541.5 Any certification or registration granted by the department is a privilege and not a vested right or interest.
- § 14543 (a) In order to stimulate the increased use of glass cullet in making new glass beverage containers in the state, the department shall create the Recycled…
- § 14544 (a) In order to facilitate increased recycling of empty glass beverage containers in the state, the department shall create the Increased Recycling of Empty…
- § 14545 (a) In order to facilitate transportation of empty glass beverage containers from throughout the state to glass processing facilities utilizing rail…
- § 14547 (a) (1) Between January 1, 2022, and December 31, 2024, inclusive, the total number of plastic beverage containers filled with a beverage sold by a beverage…
- § 14548 (a) For purposes of this section, “thermoform plastic container” means a plastic container, such as a clamshell, cup, drinking cup, pod, tub, lid, box, tray,…
- § 14549 (a) Every glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new…
- § 14549.1 (a) In order to improve the quality and marketability of empty beverage containers collected for recycling in the state by curbside recycling programs or…
- § 14549.2 (a) For purposes of this section, the following definitions shall apply: (1) “Certified entity” means a recycling center, processor, or dropoff or collection…
- § 14549.3 (a) On or before March 1 of each year, a manufacturer of a beverage sold in a plastic beverage container subject to the California Redemption Value, pursuant…
- § 14549.4 The department shall study and develop a system or process to address the issue of glass contamination to improve the quality of glass material collected.
- § 14549.5 On or before April 1, 2004, and annually thereafter, or more frequently as determined to be necessary by the department, the department shall review and, if…
- § 14549.6 (a) The department, consistent with Section 14581 and subject to the availability of funds, shall annually pay a total of fifteen million dollars ($15,000,000)…
- § 14549.7 (a) In order to develop California markets for glass beverage containers collected for recycling in the state, the department may, subject to the availability…
- § 14549.8 (a) The department shall determine eligibility for a market development payment described in Section 14549.2 based on current market conditions and shall…
- § 14549.9 (a) A beverage manufacturer may agree with one or more beverage manufacturers to submit a consolidated report, in lieu of individual reports, with aggregated…
CHAPTER 4. Reporting §§ 14550–14556 · 11 sections
- § 14550 (a) (1) Every processor shall report to the department for each month the amount of empty beverage containers, by material type and weight of container or…
- § 14551 (a) The department shall establish reporting periods for the reporting of redemption rates and recycling rates. Each reporting period shall be six months. The…
- § 14551.4 The department shall make available the information collected pursuant to subdivision (a) of Section 14551, concerning the volumes of materials collected from…
- § 14551.5 (a) The department shall register the operators of curbside programs pursuant to this section. (b) Each curbside program that receives refund values and…
- § 14552 (a) The department shall establish and implement an auditing system to ensure that the information collected, and refund values and redemption payments paid…
- § 14552.5 (a) The department shall supply all certified processors with a standardized rejection form that shall include, but not be limited to, the names of the parties…
- § 14552.51 (a) A certified processor seeking to dispose of rejected postfilled containers may not dispose of rejected postfilled containers unless the certified processor…
- § 14553 (a) Except as provided in subdivision (b), all reports, claims, and other information required pursuant to this division and submitted to the department shall…
- § 14554 The department shall establish procedures to protect any privileged, confidential, commercial, or financial information obtained while collecting information…
- § 14555 (a) On or before July 1, 2025, the department shall provide to the Legislature, and post on its internet website, a report as it relates to appropriations made…
- § 14556 (a) Not less than once every six months, the department shall post on its internet website, at a minimum, all of the following information for the current…
CHAPTER 5. Minimum Redemption Value §§ 14560–14562 · 4 sections
- § 14560 (a) (1) Except as provided in paragraph (3), a beverage distributor shall pay the department, for deposit into the fund, a redemption payment of four cents…
- § 14560.5 (a) (1) Except as provided in paragraph (2), an invoice or other form of accounting of a transaction submitted by a beverage distributor of beverages to a…
- § 14561 (a) A beverage manufacturer shall clearly indicate on all beverage containers sold or offered for sale by that beverage manufacturer in the state the message…
- § 14562 The Legislature hereby finds and declares that the minimum redemption payment established by this article is a regulatory fee collected for the purpose of…
CHAPTER 6. Returns §§ 14570–14576 · 23 sections
- § 14570 (a) Every dealer shall post a clear and conspicuous sign of at least 10 inches by 15 inches at each public entrance to the dealer’s place of business that…
- § 14571 (a) Except as otherwise provided in this chapter, there shall be at least one certified recycling center or location within every convenience zone that accepts…
- § 14571.1 On or before January 1 of each year, the department shall, on a statewide basis, designate all convenience zones as of that date, including convenience zones…
- § 14571.2 The department shall continuously assist dealers and recyclers to establish certified recycling locations within each convenience zone. This assistance…
- § 14571.3 (a) The department shall continuously assist any certified recycler to achieve greater service to the public in an economical and cost-effective manner. This…
- § 14571.4 (a) (1) The department shall certify one operator to establish the Pacific Beach Mobile Recycling Program that incorporates all convenience zones in the…
- § 14571.5 The department may, in a rural region, as identified pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 14571, upon petition by an…
- § 14571.7 (a) Except as provided in subdivision (b), in any convenience zone where a recycling location or locations were initially established, but where the location…
- § 14571.8 (a) No lease entered into by a dealer after January 1, 1987, may contain a leasehold restriction that prohibits or results in the prohibition of the…
- § 14571.9 (a) (1) Until January 1, 2032, the department may approve up to 10 recycling pilot projects that meet the requirements of this section. (2) The pilot projects,…
- § 14572 (a) (1) Except as provided in subdivision (b), a certified recycling center shall accept from any consumer or dropoff or collection program any empty beverage…
- § 14572.1 (a) A dealer delivering empty beverage containers received from the public to a certified recycling center or processor for recycling pursuant to subparagraph…
- § 14572.5 A certified recycling center, other than a reverse vending machine, shall accept from any consumer or any dropoff or collection program and pay the applicable…
- § 14573 (a) The department shall pay to a processor, for every empty beverage container received by the processor from a certified recycling center, curbside program,…
- § 14573.1 (a) (1) In addition to other payments authorized by this division, the department shall pay to a recycling center that is a rural region recycler, as defined…
- § 14573.5 (a) Except as provided in Section 14573.6, a processor shall pay, by check or electronic transfer, to a certified recycling center, dropoff or collection…
- § 14573.51 (a) Notwithstanding any other provision of this division, recycling centers and processors shall not pay curbside programs more than the applicable statewide…
- § 14573.6 No dropoff or collection program shall pay any refund value to the consumer, and a dropoff or collection program is not eligible to receive any sum paid…
- § 14573.7 Notwithstanding Sections 14573 and 14573.5, the department may require a recycling center, pursuant to a prepayment review taken pursuant to subdivision (a) of…
- § 14574 (a) (1) A distributor of beverage containers shall pay to the department the redemption payment for every beverage container, other than a refillable beverage…
- § 14575 (a) If any type of empty beverage container with a refund value established pursuant to Section 14560 has a scrap value less than the cost of recycling, the…
- § 14575.1 (a) Notwithstanding subdivision (b) of Section 14575, if a willing purchaser offers to purchase empty PET containers at a voluntary artificial scrap value that…
- § 14576 (a) It is the intent of the Legislature that all provisions of this division be interpreted to encourage and support the reuse, as well as the recycling, of…
CHAPTER 6.5. Dealer Cooperatives §§ 14578–14578.5 · 2 sections
- § 14578 (a) In any convenience zone where no recycling location has been established that satisfies the requirements of Section 14571, and in any convenience zone that…
- § 14578.5 (a) By January 1, 2024, the department may provide one or more model dealer cooperative redemption plans for dealer cooperatives to adopt to comply with…
CHAPTER 7. Financial Provisions §§ 14580–14587 · 10 sections
- § 14580 (a) Except as provided in subdivision (d), the department shall deposit all amounts paid as redemption payments by distributors pursuant to Section 14574 and…
- § 14581 (a) Subject to the availability of funds and in accordance with subdivision (b), the department shall expend the moneys set aside in the fund, pursuant to…
- § 14581.1 (a) The department shall expend in each fiscal year, from the moneys set aside in the fund pursuant to subdivision (c) of Section 14580, twenty million nine…
- § 14582 The Recycling Infrastructure Loan Guarantee Account is hereby created as a revolving account in the California Beverage Container Recycling Fund, and the funds…
- § 14583 Notwithstanding Section 14581, on and after July 1, 2012, the department shall not make any payments, grants, or loans, as provided in that section, to a city,…
- § 14584 (a) Operators of reverse vending machines or processors may apply to the Capital Programs and Climate Financing Authority for financing pursuant to Section…
- § 14585 (a) The department shall adopt guidelines and methods for paying handling fees to supermarket sites, nonprofit convenience zone recyclers, or rural region…
- § 14585.5 (a) The department shall not make handling fee payments to a supermarket site if the department determines that all empty beverage container types are not…
- § 14586 This division does not create any guarantee of a continuing level of support, or other obligation on the part of the State of California, the department, or…
- § 14587 This division does not require or create any obligation that payments made pursuant to this division to any local conservation organization, community…
CHAPTER 7.5. Penalties for Unfair Recycling Competition §§ 14588–14588.2 · 3 sections
- § 14588 It is the intent of the Legislature that handling fees paid to supermarket site recycling centers pursuant to Section 14585 shall only be used to offset the…
- § 14588.1 (a) As used in this chapter, “unfair and predatory pricing” means the payment to consumers by a supermarket site, that receives handling fees for the…
- § 14588.2 (a) To ensure that handling fees paid to a supermarket site are not used for the purpose of engaging in unfair and predatory pricing, and to otherwise further…
CHAPTER 8. Severability and Enforcement §§ 14590–14594.5 · 11 sections
- § 14590 If any provision of this division or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions…
- § 14591 (a) Except as provided in subdivision (b), in addition to any other applicable civil or criminal penalties, a person convicted of a violation of this division,…
- § 14591.1 (a) (1) The department may assess a civil penalty upon a person who violates this division in an amount greater than five thousand dollars ($5,000) pursuant to…
- § 14591.2 (a) The department may take disciplinary action against any party responsible for directing, contributing to, participating in, or otherwise influencing the…
- § 14591.3 In any civil or administrative action brought pursuant to this division in which the department prevails, the department may assess against the defendant or…
- § 14591.4 (a) In addition to any other remedies, penalties, and disciplinary actions provided by this division or otherwise, the department may seek restitution of any…
- § 14591.5 After the time for judicial review under Section 11523 of the Government Code has expired, the department may apply to the small claims court or superior…
- § 14591.6 (a) When a person is engaged in recycling activity that violates this division, any regulation adopted pursuant to this division, or an order issued under this…
- § 14593 Notwithstanding subdivisions (b) and (c) of Section 14591.1, the department may assess a civil penalty of up to 15 percent of the amount due for payment, and…
- § 14594 (a) Notwithstanding subdivisions (b) and (c) of Section 14591.1, the department may assess a civil penalty of up to 15 percent of the amount due for payment,…
- § 14594.5 (a) Notwithstanding Section 14591.1, the department may assess upon any person, entity, or operation that redeems, attempts to redeem, or aids in the…
CHAPTER 8.5. Reporting Requirements and Payment Prohibitions Related to Out-of-State and Other Ineligible Containers §§ 14595–14599 · 6 sections
- § 14595 The Legislature finds and declares that the redemption of beverage container material imported from out of state, previously redeemed containers, rejected…
- § 14595.4 For purposes of this chapter, the following definitions shall apply: (a) “Person” means any individual, corporation, operation, or entity, whether or not…
- § 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) Beverage…
- § 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…
- § 14597 (a) No person shall falsify documents required pursuant to this division or pursuant to regulations adopted by the department. The falsification of these…
- § 14599 The department may adopt emergency regulations to implement this chapter. Any emergency regulations, if adopted, shall be adopted in accordance with Chapter…