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§ 2230. Applicability.

14 CA ADC § 2230Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 2. Department of Conservation
Chapter 5. Division of Recycling
Subchapter 3. Manufacturers
Article 3. Registration, Accounting and Reporting Requirements for Beverage Manufacturers
14 CCR § 2230
§ 2230. Applicability.
(a) Except where other persons are responsible as provided in subsections (b) and (c), in addition to the general requirements of subchapter 2 of these regulations, a beverage manufacturer shall be responsible for the registration, recordkeeping, reporting, and processing fee payment requirements of this article.
(b) An out-of-state vendor, holding a certificate of compliance with the Department of Alcoholic Beverage Control, of beer and other malt beverages located outside of California which sells or transfers filled beverage containers to California shall, pursuant to Section 14575(g)(2) of the Act, be deemed to be the beverage manufacturer for payment of processing fees and shall be responsible for the registration, recordkeeping, reporting, and payment responsibilities described in sections 2231, 2235(d), 2240, and 2245.
(c) A beverage manufacturer shall notify the Division in writing if another entity has agreed to report and make payments on the beverage manufacturer's behalf. The beverage manufacturer shall submit to the Division a copy of the written agreement between the beverage manufacturer and the entity, which has agreed to report and make payments on the beverage manufacturer's behalf. A copy of the written agreement shall be submitted to the Division within twenty (20) working days of the initial agreement. Any subsequent changes to the agreement, including termination of the agreement, shall also be submitted to the Division within twenty (20) working days of that change. The agreement shall include but is not limited to:
(1) The name of each entity involved in the agreement.
(2) The beverage manufacturer identification number of each entity.
(3) The business and mailing address(es) of each entity.
(4) A statement signed and dated by an authorized representative from each entity indicating one entity has agreed to report and pay for another.
(d) By June 30 of each year, a beverage manufacturer shall provide the Division a listing of all entities with which the beverage manufacturer has entered into an agreement, pursuant to subsection (c).
(e) A beverage manufacturer shall apprise the Division of any changes to the information provided pursuant to Section 2231 within twenty (20) working days of that change.
(f) Nothing in this article shall be construed to require the Division to transfer any of the responsibilities set forth in this article, nor shall the Division be prohibited from holding the in-state beverage manufacturer, distributor, dealer, and/or consumer liable for any due and unpaid processing fees.

Credits

Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14505, 14506 and 14575(g), Public Resources Code.
History
1. Renumbering and amendment of former section 2710 to section 2230 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of subsection (a), repealer and new subsection (c), and new subsections (c)(1)-(4) filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
5. Amendment of article heading, section and Note filed 8-2-2012; operative 9-1-2012 (Register 2012, No. 31).
This database is current through 2/16/24 Register 2024, No. 7.
Cal. Admin. Code tit. 14, § 2230, 14 CA ADC § 2230
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