25214.11. (a) The Legislature finds and declares all of the following: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment. (2) Packaging comprises a significant percentage of the overall solid waste stream. (3) The presence of heavy metals in packaging is a […]
25214.12. For purposes of this article, the following terms have the following meanings: (a) “Authorized official” means a representative of a manufacturer or supplier who is authorized pursuant to the laws of this state to bind the manufacturer or supplier regarding the accuracy of the content of a certificate of compliance. (b) “ASTM” means the American Society […]
25214.13. (a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally […]
25214.14. A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the manufacturer or supplier complies with the applicable documentation requirements specified in Section 25214.15 and the package or packaging component meets any of the following conditions: (a) The package or packaging […]
25214.15. (a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing all of the following information for that package or packaging component: (1) A statement that the documentation applies to an exemption from the requirements of Section 25214.13. (2) The name, […]
25214.16. (a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component, even when the purchaser is also a supplier, stating that the package or packaging component is in compliance with the requirements of this article. However, if, pursuant to Section […]
25214.17. (a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall provide the public with access to all information relating to a package or packaging component that has been submitted to the department by a manufacturer […]
25214.18. If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of Section 25214.12 in order to further reduce the toxicity of packaging waste, the department may submit recommendations to the Governor and the Legislature for additions to the list, along […]
25214.19. This article does not do the following: (a) Affect a duty or other requirement imposed under federal or state law. (b) Alter or diminish a legal obligation otherwise required in common law or by statute or regulation. (c) Create or enlarge a defense in an action to enforce a legal obligation otherwise required in common law or […]
25214.20. (a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its applicability to a person or circumstance is invalid, the remainder of the article and its applicability to other persons and circumstances may not be affected. (b) […]
25214.21. The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law. (Added by Stats. 2004, Ch. 445, Sec. 9. Effective January 1, 2005.)
25214.22. (a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component that includes a regulated metal shall not be subject to any administrative or civil penalty for a violation of this article, if the person proves, by a […]
25214.22.1. A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging component in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand […]
25214.23. (a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, upon presenting appropriate credentials and at a reasonable time, do any of […]
25214.24. (a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component, or product in a package. If the representative obtains a sample prior to leaving the premises, he or she shall leave a receipt describing the sample obtained. (b) The department shall […]
25214.26. The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article. (Added by Stats. 2008, Ch. 575, Sec. 20. Effective January 1, 2009.)
