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 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 paymentbegin delete imposed on a beverage container in all
advertising of beverage products and on shelf labels of the dealer’s establishment.end deletebegin insert on the customer cash register receipt provided to the consumer by the dealer that is applied to the purchase of a beverage container.end insert
This bill wouldbegin delete 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.end deletebegin insert prohibit a dealer from charging an amount for a redemption payment for a beverage container that is greater than the amount set forth in the act.end insert Because a
violation ofbegin delete these provisionsend deletebegin insert this provisionend insert 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 12024.13 is added to the Business and
2Professions Code, to read:
(a) A dealerbegin delete shall, at the time of sale of a beverage
4in a container subject to Division 12.1 (commencing with Section
514500) of the Public Resources Code, separately identify the
6amount of any redemption payment imposed on the beverage
7container pursuant to Section 14560.5 of the Public Resources
8Code and shall accurately identify the amount of the redemption
9payment required by Section 14560 of the Public Resources Code.end delete
10begin insert shall not charge an amount for a redemption payment for a
11beverage container that is greaterend insertbegin insert
than the amount set forth in
12Section 14560 of the Public Resources Code.end insert
13(b) For purposes of this section, “dealer” has the same meaning
14as in Section 14510 of the Public Resources Code.
No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
P3 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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