BILL NUMBER: AB 2251	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 2, 2014
	AMENDED IN ASSEMBLY  APRIL 22, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 21, 2014

   An act to add Section 12024.13 to the Business and Professions
Code,   and to add Section 14536.7 to the Public Resources Code,
 relating 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 of 
these  provisions  is a crime.  
governing weights and measures is a misdemeanor, except as otherwise
provided. 
   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.  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.  Because a violation of this provision would be a
crime, this bill would create a state-mandated local program.  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.  
   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. 
   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 of a beverage in a container subject to
Division 12.1 (commencing with Section 14500) of the Public Resources
Code shall not charge an amount for a redemption payment for a
beverage container that is greater than the amount set forth in
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. 
   (c) A violation of this section is an infraction punishable by a
fine of not more than one hundred dollars ($100) when the overcharge
is one dollar ($1) or less.  
   (d) In the written report required pursuant to Section 12209, a
sealer shall separately report any action taken to enforce this
section that results in a penalty being levied for a violation of
this section.  
   (e) Nothing in this section is intended to limit or alter the
authority of the Department of Resources Recycling and Recovery under
the California Beverage Container Recycling and Litter Reduction Act
(Division 12.1 (commencing with Section 14500) of the Public
Resources Code). 
   SEC. 2.    Section 14536.7 is added to the  
Public Resources Code   , to read:  
   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 this division, or regulations
issued pursuant to this division, that affect refund values,
redemption payments, or the responsibilities of a dealer. 
   SEC. 2.   SEC. 3.   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.