SECTIONS 14560-14562 - California Statutes

PUBLIC RESOURCES CODE

SECTION 14560-14562

14560. (a) (1) Except as provided in paragraph (3), a beverage
distributor shall pay the department, for deposit into the fund, a
redemption payment of four cents ($0.04) for a beverage container
sold or offered for sale in this state by the distributor.
(2) A beverage container with a capacity of 24 fluid ounces or
more shall be considered as two beverage containers for purposes of
redemption payments paid pursuant to paragraph (1).
(3) The amount of the redemption payment and refund value for a
beverage container with a capacity of less than 24 fluid ounces sold
or offered for sale in this state by a dealer shall equal five cents
($0.05), and the amount of redemption payment and refund value for a
beverage container with a capacity of 24 fluid ounces or more shall
be ten cents ($0.10), if the aggregate recycling rate reported
pursuant to Section 14551 for all beverage containers subject to this
division is less than 75 percent for the 12-month reporting period
from January 1, 2006, to December 31, 2006, or for any calendar year
thereafter.
(b) Except as provided in paragraph (3) of subdivision (a), a
beverage container sold or offered for sale in this state has a
refund value of four cents ($0.04) if the beverage container has a
capacity of less than 24 fluid ounces and eight cents ($0.08) if the
beverage container has a capacity of 24 fluid ounces or more.
(c) This section does not apply to a refillable beverage
container.

14560.5. (a) (1) Except as provided in paragraph (2), the invoice
or other form of accounting of the transaction submitted by a
beverage distributor of beverages to a dealer shall separately
identify the amount of any redemption payment imposed on beverage
containers pursuant to Section 14560 and the separate identification
of the invoice or other form of accounting of the transaction shall
not combine or include the gross wholesale price with the redemption
payment but shall separately state the gross amount of the redemption
payment for each type of container included in each delivery.
(2) The invoice or other form of accounting of the transaction
submitted by any distributor of beer and malt beverages or wine or
distilled spirit coolers to a dealer may separately identify the
portion of the gross wholesale price attributable to any redemption
payment imposed on beverage containers pursuant to Section 14560 and
the separate identification of the invoice or other form of
accounting of the transaction may separately state the gross amount
of the redemption payment for each type of container included in each
delivery. The invoice or other form of accounting of this
transaction may separately identify the portion of the gross
wholesale price attributable to the redemption payment.
(3) Notwithstanding Section 14541, the department shall randomly
inspect beverage distributor invoices or other forms of accounting to
ensure compliance with this subdivision. However, an unintentional
error in addition or subtraction on an invoice or other form of
accounting by a route driver of a distributor shall not be deemed a
violation of this subdivision.
(4) For the purposes of this subdivision, the term "type of
container" includes the amount of the redemption payment on
containers under 24 ounces and on containers 24 ounces or more.
(b) To the extent technically and economically feasible, a dealer
may 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.
(c) (1) A dealer shall separately identify the amount of any
redemption payment imposed on a beverage container in all advertising
of beverage products and on the shelf labels of the dealer's
establishment. The separate identification shall be accomplished by
stating one of the following:
(A) The price of the beverage product plus a descriptive term, as
described in paragraph (2).
(B) The price of the beverage product plus the amount of the
applicable redemption payment and a descriptive term, as described in
paragraph (2).
(C) The price of the beverage product plus the amount of the
applicable redemption payment, a descriptive term, as described in
paragraph (2), and the total of these two amounts.
(2) For purposes of paragraph (1), the redemption payment shall be
identified by one of the following descriptive terms: "California
Redemption Value," "CA Redemption Value," "CRV," "California Cash
Refund," "CA Cash Refund," or any other message specified in Section
14561.
(3) A dealer shall not include the redemption payment in the total
price of a beverage container in any advertising or on the shelf of
the dealer's establishment.
(4) This subdivision applies only to a dealer at a dealer location
with a sales and storage area totaling more than 4,000 square feet.
(5) The penalties specified in Sections 14591 and 14591.1 shall
not be applied to a person who violates this subdivision.
(d) With regard to the sale of beer and other malt beverages or
wine and distilled spirits cooler beverages, any amount of redemption
payment imposed by this division is subject to Section 25509 of the
Business and Professions Code.

14561. (a) A beverage manufacturer shall clearly indicate on all
beverage containers sold or offered for sale by that beverage
manufacturer in this state the message "CA Redemption Value,"
"California Redemption Value," "CA Cash Refund," "California Cash
Refund," or "CA CRV," by either printing or embossing the beverage
container or by securely affixing a clear and prominent stamp, label,
or other device to the beverage container.
(b) Any refillable beverage container sold or offered for sale is
exempt from this section. However, any beverage manufacturer or
container manufacturer may place upon, or affix to, a refillable
beverage container, any message that the manufacturer determines to
be appropriate relating to the refund value of the beverage
container.
(c) A person shall not offer to sell, or sell to a consumer a
beverage container subject to subdivision (a) that has not been
labeled pursuant to this section, except for a refillable beverage
container that is exempt from labeling pursuant to subdivision (b).
(d) The department may require that a beverage container intended
for sale in this state be printed, embossed, stamped, labeled, or
otherwise marked with a universal product code or similar
machine-readable indicia.
(e) A beverage container labeled with the message specified in
subdivision (a) shall have the minimum redemption payment established
pursuant to Section 14560, which shall be paid by the distributor to
the department pursuant to Section 14574.

14562. The Legislature hereby finds and declares that the minimum
redemption payment established by this article is a regulatory fee
collected for the purpose of assuring the return for recycling of a
greater percentage of the beverage containers sold in this state, and
is beneficial to the beverage industry by assuring the more reliable
availability of raw materials. Accordingly, the payments of
redemption payments to the department for deposit in the California
Beverage Container Recycling Fund are not the "proceeds of taxes," as
that term is used in subdivision (c) of Section 8 of Article XIII B
of the California Constitution, and the disbursement or encumbrance
of money in the fund is not subject to the limitations imposed by
that article.