Amended in Senate July 2, 2014

Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2251


Introduced by Assembly Member Yamada

February 21, 2014


An act to add Section 12024.13 to the Business and Professions Code,begin insert and to add Section 14536.7 to the Public Resources Code, end insertrelating to weights and measures.

LEGISLATIVE COUNSEL’S DIGEST

AB 2251, as amended, Yamada. Weights and measures: beverage containers: redemption value.

Existing law makes it unlawful for a person, at the time of sale of a commodity, to charge an amount greater than the price that is advertised, posted, marked, displayed, or quoted for the commodity. Existing law requires the Department of Food and Agriculture and each county sealer to enforce these provisions. A violation ofbegin delete theseend delete provisionsbegin delete is a crime.end deletebegin insert governing weights and measures is a misdemeanor, except as otherwise provided.end insert

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage distributor to pay a redemption payment in a specified amount for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery, for deposit in the California Beverage Container Recycling Fund. The act authorizes a dealer, as defined, to separately identify the amount of any redemption payment on the customer cash register receipt provided to the consumer by the dealer that is applied to the purchase of a beverage container.

This bill would prohibit a dealer, as specified, from charging an amount for a redemption payment for a beverage container that is greater than the amount set forth in the act.begin insert The bill would provide that a violation of this provision is an infraction punishable by a fine of not more than $100 when the overcharge is $1 or less.end insert Because a violation of this provision would be a crime, this bill would create a state-mandated local program.begin insert In a specified report required to be submitted to the Department of Food and Agriculture, the bill would require a sealer to separately report any action taken to enforce this provision that results in a penalty being levied for a violation of the provision.end insert

begin insert

This bill would require the Department of Resources Recycling and Recovery to notify the Department of Food and Agriculture of any changes to the California Beverage Container Recycling and Litter Reduction Act, or regulations issued pursuant to the act, that affect refund values, redemption payments, or the responsibilities of a dealer.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 12024.13 is added to the Business and
2Professions Code
, to read:

3

12024.13.  

(a) A dealer of a beverage in a container subject to
4Division 12.1 (commencing with Section 14500) of the Public
5Resources Code shall not charge an amount for a redemption
6payment for a beverage container that is greater than the amount
7set forth in Section 14560 of the Public Resources Code.

8(b) For purposes of this section, “dealer” has the same meaning
9as in Section 14510 of the Public Resources Code.

begin insert

10(c) A violation of this section is an infraction punishable by a
11fine of not more than one hundred dollars ($100) when the
12overcharge is one dollar ($1) or less.

end insert
begin insert

P3    1(d) In the written report required pursuant to Section 12209, a
2sealer shall separately report any action taken to enforce this
3section that results in a penalty being levied for a violation of this
4section.

end insert
begin insert

5(e) Nothing in this section is intended to limit or alter the
6authority of the Department of Resources Recycling and Recovery
7under the California Beverage Container Recycling and Litter
8Reduction Act (Division 12.1 (commencing with Section 14500)
9 of the Public Resources Code).

end insert
10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 14536.7 is added to the end insertbegin insertPublic Resources Codeend insertbegin insert,
11to read:end insert

begin insert
12

begin insert14536.7.end insert  

For purposes of Section 12024.13 of the Business
13and Professions Code, the department shall notify the Department
14of Food and Agriculture of any changes to this division, or
15regulations issued pursuant to this division, that affect refund
16values, redemption payments, or the responsibilities of a dealer.

end insert
17

begin deleteSEC. 2.end delete
18begin insertSEC. 3.end insert  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



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