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§ 17945.3. Product Manufacturer Certification Information.

14 CA ADC § 17945.3Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 4. Resource Conservation Programs
Article 3. Rigid Plastic Packaging Container Program
14 CCR § 17945.3
§ 17945.3. Product Manufacturer Certification Information.
Currentness
(a) When notified by the Department to certify compliance, a product manufacturer shall include in its certification the information listed in subsections (b) through (d), and if applicable, (e), of this Section.
(b) General Product Manufacturer Information
(1) The product manufacturer's name, mailing address, web address (if available), e-mail and telephone number(s), and the name and title of the person responsible for supplying the required information.
(2) A statement of product manufacturer compliance including whether the product manufacturer sold or offered for sale products held in rigid plastic packaging containers into California, and whether some or all of the products were approved for a waiver pursuant to Section 17946, and whether some or all of the containers qualified for an exemption pursuant to Section 17946.5.
(3) If the product manufacturer is a corporation, the certification must be signed under penalty of perjury by the president or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer, a general manager, or other such person authorized by the corporation to accept service of process. If the product manufacturer is a partnership or sole proprietorship, the certification must be signed by a general partner or the sole proprietor. The certification shall include the following statement, the title of the signatory and the date of signature.
“I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge and belief the foregoing information and all supporting data provided is accurate, true and complete.”
(c) Container Information
For each container line (whether or not it was included in a prior certification cycle):
(1) A description of the type of each rigid plastic packaging container (i.e., jar, bottle, clamshell, etc.).
(2) The associated product(s) or advertised brand name(s).
(3) The volume or equivalent capacity of each rigid plastic packaging container.
(A) The capacity or size must be expressed in the same unit of volume that is used on the container label; and
(B) For products that are sold based on weight or a numeric count, the size should be reported on an equivalent volume basis.
(4) The weight, in grams, of each individual rigid plastic packaging container.
(5) The plastic resin type(s) of each rigid plastic packaging container.
(6) The total quantity of rigid plastic packaging containers sold during the measurement period. This data should include:
(A) Direct sales by the product manufacturer;
(B) Sales through distributors, franchises, dealers, and agents;
(C) All mail-order and Internet sales; and
(D) A statement as to whether the data is based on sales in California or nationally.
(7) The associated container manufacturer and a copy of any container manufacturer certification(s) and information pursuant to Section 17945.4. The product manufacturer is responsible for ensuring that its report is consistent with any container manufacturer certification obtained.
(d) Product Manufacturer Certification Requirements for Each Compliance Option
In addition to the information in subsection (c) of this Section, a product manufacturer shall submit the following information specific to the container compliance option(s) claimed:
(1) Postconsumer Material Content Compliance
For rigid plastic packaging containers for which compliance is claimed pursuant to Section 17944(a)(1) through the use of postconsumer material in the containers:
(A) The weight, in grams, of postconsumer material in each of the rigid plastic packaging container(s) for which compliance is claimed; and
(B) The percentage of postconsumer material in each of the rigid plastic packaging container(s) as calculated using the formula(s) in Section 17945.5(b).
(2) Source Reduction -- Reduced Container Weight Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(4) through a reduction in container weight:
(A) The weight, in grams, of each rigid plastic packaging container prior to source reduction;
(B) The percentage each rigid plastic packaging container was source reduced for that product as calculated using the applicable formula(s) in Section 17945.5(d); and
(C) The date (e.g., month/year) of the source reduction.
(3) Source Reduction -- Product Concentration Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(4) through a concentration of product:
(A) The number of product uses per unit before and after the product concentration, and the methodology used to calculate this change;
(B) The percentage the product was source reduced as calculated using the applicable formula in Section 17945.5(d); and
(C) The date (e.g., month/year) of the source reduction.
(4) Source Reduction -- Product Concentration/Reduced Container Weight Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(4) through a combination of concentrating the product and reducing the weight of the rigid plastic packaging container that holds the product:
(A) The weight, in grams, of each rigid plastic packaging container prior to source reduction;
(B) The number of product uses per unit before and after the product concentration, and the methodology used to calculate this change;
(C) The weight, in grams, per unit of product use for each rigid plastic packaging container before and after source reduction;
(D) The percentage by which each rigid plastic packaging container was source reduced as calculated using the applicable formula(s) in Section 17945.5(d); and
(E) The date (e.g., month/year) of the source reduction.
(5) Source Reduction -- Comparison to Similar Products Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(4) through a comparison to similar products in similar rigid plastic packaging containers:
(A) The advertised brand name(s) of the product(s) in the similar rigid plastic packaging container(s), and the name(s) of the primary product manufacturer, distributor, or importer on the label(s) of the similar rigid plastic packaging container(s);
(B) The weight, in grams, and the volume of each similar rigid plastic packaging container; and
(C) Any physical samples and/or photograph(s) of the similar rigid plastic packaging container(s) and label(s) which clearly show(s) the name(s) of the product(s), if requested by the Department to verify compliance.
(6) Reusable Rigid Plastic Packaging Container Compliance
This option will demonstrate compliance for the original rigid plastic packaging containers only. The replacement product, if packaged in a rigid plastic packaging container, must comply under another compliance option. For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(3) through reuse of the container:
(A) The number of original plastic packaging containers and of replacement packages sold during the measurement period;
(B) The volume of each original rigid plastic packaging container and each replacement package;
(C) The average number of times the rigid plastic packaging container was reused during the measurement period as calculated using the applicable formula in Section 17945.5(e); and
(D) If not using the calendar year of the certification, a statement of the 12-month period that was used to determine the number of times the identified rigid plastic packaging containers were reused, and a description of how and why that measurement period was selected.
(7) Refillable Rigid Plastic Packaging Container Compliance
For containers where compliance is claimed pursuant to Section 17944(a)(3) through the refilling of the original rigid plastic packaging container by the product manufacturer:
(A) The number of refills of the rigid plastic packaging containers by the product manufacturer during the measurement period;
(B) The average number of times the rigid plastic packaging container was refilled within the measurement period as calculated using the applicable formula in Section 17945.5(f); and
(C) If not using the calendar year of the certification, a statement of the 12-month period that was used to determine the number of times that the identified rigid plastic packaging containers were refilled and a description of how and why that measurement period was selected.
(8) Particular Type, Product Associated, or Single Resin Type Rigid Plastic Packaging Container Recycling Rate Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(2) through recycling of the particular type, product associated, or single resin type rigid plastic packaging container:
(A) Approval of Recycling Rate Methodology:
1. Within 90 calendar days of receipt of a Certification Notice pursuant to Section 17945.1(d), the product manufacturer shall submit a written request to the Department presenting its proposed particular type, product associated, or resin-specific recycling rate methodology. This methodology shall explain in detail how the figures will be derived and obtained.
2. A product manufacturer using this recycling rate compliance option may designate any person or entity to design the methodology, perform the studies, and submit supporting documentation to the Department on its behalf.
3. The Department will review the proposed methodology and approve or disapprove it within 90 calendar days of receipt. If disapproved, the product manufacturer may resubmit a revised methodology for review as the Department must approve of the methodology prior to its use by a product manufacturer for determining compliance.
4. Once a methodology has been approved by the Department, that methodology shall be used to determine the rates submitted as part of a compliance certification. If the approved methodology is not used and the product manufacturer selects this compliance option, the Department may find the product manufacturer to be out of compliance. The methodology remains valid to determine compliance in future years. Authorization for modifying a methodology shall be sought using the same method listed in Section 17945.3(d)(8)(A)1.
(B) Compliance Data:
The product manufacturer shall submit objective, scientific evidence of the rigid plastic packaging container's comparable recyclability, recycled content, recycling rate, regulated status, impact on California's market place, and ability to be made of postconsumer material, including:
1. The recycling rate, expressed as a percentage, for the particular type, product associated, or resin specific rigid plastic packaging container(s) sold in California;
2. The number of particular type, product associated, or resin specific rigid plastic packaging containers collected, recycled, or diverted from disposal in California for recycling;
3. The Department-approved methodology used to determine the recycling rate, and a detailed explanation of the methodology used to determine the sales rate; and
4. Any other information that the product manufacturer believes is necessary to substantiate its compliance claim.
(9) Floral Industry Compliance
For rigid plastic packaging containers where compliance is claimed pursuant to Section 17944(a)(5) through the reuse of containers by the floral industry a product manufacturer shall submit to the Department:
(A) Approval of Methodology:
1. Within 90 calendar days of receipt of a Certification Notice pursuant to Section 17945.1(d), a written request demonstrating how each rigid plastic packaging container will meet the two-year reuse criteria, including the proposed methodology used to determine the following:
a. The number of rigid plastic packaging containers sold to the floral industry in California;
b. The total number of rigid plastic packaging containers sold in California; and
c. The average reuse (in years) of each rigid plastic packaging container purchased by the floral industry in California.
2. The Department will review the methodology and approve or disapprove it within 90 calendar days of receipt. If disapproved, the product manufacturer may resubmit a revised methodology for review as the Department must approve of the methodology prior to its use by a product manufacturer for determining compliance.
3. Once a methodology has been approved by the Department, that methodology shall be used to determine the reuse submitted as part of a compliance certification. If the approved methodology is not used and the product manufacturer selects this compliance option, the Department may find the product manufacturer to be out of compliance. The methodology remains valid to determine compliance in future years. Authorization for modifying a methodology shall be sought using the same method listed in Section 17945.3(d)(9)(A)1.
(B) Compliance Data:
1. The number of times each rigid plastic packaging container is reused by the floral industry in California;
2. The number of rigid plastic packaging containers sold to the floral industry in California;
3. The Department-approved methodology used to determine the reuse; and
4. Any other information that the product manufacturer believes is necessary to substantiate its compliance claim.
(e) Alternative Container Compliance Method Information
(1) A product manufacturer claiming compliance pursuant to Section 17944.1(a)(1) or (2), shall submit to the Department the following information:
(A) The number and weight, in grams, of each other plastic product or plastic package sold during the measurement period;
(B) The weight, in grams, of postconsumer material in each rigid plastic packaging container and each other plastic product or plastic package;
(C) The percentage of postconsumer material used in rigid plastic packaging containers or other plastic products or plastic packaging, as calculated using the formula in Section 17945.5(c);
(D) The total weight, in grams, of California postconsumer material purchased and used in the manufacture of rigid plastic packaging containers subject to this Article or of rigid plastic packaging containers or other plastic products or plastic packaging not subject to this Article;
(E) Name(s), contact person(s), address(es), e-mail(s) and phone number(s) of the supplier(s) of the California postconsumer material;
(F) If the postconsumer material reported per subsection (D) of this Section includes such material as defined in Section 17943(q)(1) and (2), additional documentation including, at a minimum, the following:
1. Contact information for the supplier of the plastic(s) (name, address, phone number, e-mail).
2. Total weight, in grams, of the plastic received.
3. Date of receipt of the plastic.
4. Description of the material being claimed as postconsumer. This description shall include, but is not limited to:
a. The type of plastic resin.
b. The form in which the material was received (baled, flaked, etc.).
c. A description of the plastic material, such as product bar codes, Stock Keeping Unit (SKU), or other information that verifies that the plastic was made up of obsolete or unsold rigid plastic packaging containers and/or rejected finished plastic packaging.
(2) A product manufacturer claiming compliance based on the consumption of postconsumer material through contractual arrangement, as specified in Section 17944.1 (a)(2), shall submit to the Department the following additional information:
(A) If different from the amount reported per subsection (e)(1)(D) of this Section, the total weight, in grams, of California postconsumer material purchased and exported to another state during the measurement period for the manufacture of rigid plastic packaging containers or other plastic products or plastic packaging;
(B) The names of contractor(s), contact person(s), address(es), e-mail(s), phone number(s), and a copy of the contractual agreement(s) for the purchase and consumption of postconsumer material generated in California to be exported to another state for the manufacture of rigid plastic packaging containers or other plastic products or plastic packaging;
(C) The name(s), contact person(s), address(es), e-mail(s) and phone number(s) of the manufacturer(s) the California postconsumer material was exported to; and
(D) Documentation from the contracted product manufacturer that the California postconsumer material was used in the manufacture of rigid plastic packaging containers or other plastic products or plastic packaging during the measurement period.

Credits

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42310.3, 42320 and 42325, Public Resources Code.
History
1. New section heading and renumbering of former section 17946, subsections (i) through (i)(6) to new section 17945.3, including amendment of section and Note, filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26).
This database is current through 8/23/24 Register 2024, No. 34.
Cal. Admin. Code tit. 14, § 17945.3, 14 CA ADC § 17945.3
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