BILL NUMBER: AB 2251	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 21, 2014

   An act to add Section 12024.13 to the Business and Professions
Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2251, as introduced, 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 of these
provisions is a crime.
   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 imposed on
a beverage container in all advertising of beverage products and on
shelf labels of the dealer's establishment.
   This bill would require a dealer, at the time of sale of a
beverage in a container subject to the act, to separately identify
the amount of any redemption payment imposed on the beverage
container pursuant to the act and to accurately identify the amount
of any redemption payment required by the act. Because a violation of
these provisions would be a crime, this bill would create a
state-mandated local program.
   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:

  SECTION 1.  Section 12024.13 is added to the Business and
Professions Code, to read:
   12024.13.  (a) A dealer shall, at the time of sale of a beverage
in a container subject to Division 12.1 (commencing with Section
14500) of the Public Resources Code, separately identify the amount
of any redemption payment imposed on the beverage container pursuant
to Section 14560.5 of the Public Resources Code and shall accurately
identify the amount of the redemption payment required by Section
14560 of the Public Resources Code.
   (b) For purposes of this section, "dealer" has the same meaning as
in Section 14510 of the Public Resources Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.