Amended in Assembly April 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2530


Introduced by Assembly Member Gordon

February 19, 2016


An act to add Sections 14549.3 and 14575.2 to the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 2530, as amended, Gordon. Recycling: beverage containers.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires that every beverage container sold or offered for sale in this state have a minimum refund value. A beverage distributor is required to pay a redemption payment to the Department of Resources Recycling and Recovery for every beverage container sold or offered for sale in the state to a dealer, and the department is required to deposit those amounts in the California Beverage Container Recycling Fund. The act defines the term “beverage” for these purposes to include certain types of products in liquid, ready-to-drink form, and also excludes specified products from the definition of “beverage.”

This bill, beginning January 1, 2018, would require a manufacturer of a beverage sold in a plastic beverage container to clearly indicate through labeling the average percentage of postconsumer recycled content in the beveragebegin delete container, subject to certification by a 3rd party certification entity, as specified.end deletebegin insert container and would require a manufacturer to use one or more of several specified methods of determining the average percentage of postconsumer recycled content for labeling or making a claim about the postconsumer recycled content of plastic beverage containers.end insert

Existing law provides for the department to reduce processing fees paid by beverage manufacturers under certain circumstances.

This bill would require a beverage manufacturer to demonstrate compliance with the labeling provisions annually to the Department of Resources Recycling and Recovery, and would prohibit the department from reducing processing fees unless the manufacturer demonstrates compliance.

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

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

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SECTION 1.  

Section 14549.3 is added to the Public Resources
2Code
, to read:

3

14549.3.  

(a) On and after January 1, 2018, a manufacturer of
4a beverage sold in a plastic beverage container shall clearly indicate
5through labeling the average percentage of postconsumer recycled
6content in the beverage container by either printing or embossing
7the beverage container or by securely affixing a clear and
8prominent stamp, label, or other device to the beverage container.
9The indication of postconsumer recycled content shall follow the
10size and format requirements described in paragraph (2) of
11subdivision (b) of Section 2200 of Title 14 of thebegin insert Californiaend insert Code
12ofbegin delete Californiaend delete Regulations.

13(b) For purposes ofbegin delete determiningend deletebegin insert making a claim of postconsumer
14recycled contentend insert
and labeling the average percentage of
15postconsumer recycled content of plastic beverage containers, a
16manufacturer of a beverage shall utilize one orbegin delete bothend deletebegin insert moreend insert of the
17
begin delete following approaches:end deletebegin insert following:end insert

18(1) The averagebegin delete amountend deletebegin insert percentageend insert of postconsumer recycled
19 content in allbegin insert plasticend insert beverage containers sold by the manufacturer
20in the state during the previous year.

21(2) The averagebegin delete amountend deletebegin insert percentageend insert of postconsumer recycled
22content inbegin delete a specified type of beverage container.end deletebegin insert the plastic
23beverage containers sold by the manufacturer in the state from
24the product line that carries the claim.end insert

begin insert

25
(3) Any other reasonable methodology for determining minimum
26postconsumer recycled content for a claim that is consistent with
27the Federal Trade Commission’s Guides for the Use of
28Environmental Marketing Claims (16 C.F.R. Part 260).

end insert
begin insert

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(c) Any claim of recycled content made pursuant to this section
2shall be accurate and consistent with the Federal Trade
3Commission’s Guides for the Use of Environmental Marketing
4Claims (16 C.F.R. Part 260).

end insert
begin delete

22 5(c)

end delete

6begin insert(d)end insert Abegin insert manufacturer may use an independentend insert third-party
7certification entitybegin delete shallend deletebegin insert toend insert certify that the manufacturer’s plastic
8beverage containers meet the requirements of this section.begin delete The
9third-party certification entity shall be an independent, accredited
10(ISO/IEC 17025) laboratory.end delete

begin delete

26 11(d)

end delete

12begin insert(e)end insert This section does not apply to a refillable plastic beverage
13container.

14

SEC. 2.  

Section 14575.2 is added to the Public Resources Code,
15to read:

16

14575.2.  

(a) A manufacturer of a beverage sold in a plastic
17beverage container shall demonstrate compliance with Section
1814549.3 to the department on an annual basis.

19(b) Notwithstanding subdivision (e) of Section 14575, the
20department shall not reduce the processing fee requirements for a
21beverage manufacturer for a plastic container sold in this state
22unless the manufacturer demonstrates to the department that the
23plastic beverage container complies with the labeling requirements
24of Section 14549.3, regardless of whether the plastic beverage
25container is manufactured in this state.



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