SECTIONS 42330 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42330

42330. (a) The board shall grant a waiver from the postconsumer
material content requirement of subdivision (a) of Section 42310, but
not from any other requirement of Section 42310, if the board finds
one or more of the following:
(1) The rigid plastic packaging containers cannot meet the
postconsumer material requirements of subdivision (a) of Section
42310 and remain in compliance with applicable provisions of
regulations adopted by the Food and Drug Administration or other
state or federal laws or regulations.
(2) It is technologically infeasible to use rigid plastic
packaging containers that achieve the postconsumer material
requirement of subdivision (a) of Section 42310.
(b) The board shall grant a waiver from all of the requirements of
Section 42310 if the board finds either of the following:
(1) Less than 60 percent of the single-family homes in the state
on and after January 1, 1994, have curbside collection programs that
include beverage container recycling.
(2) At least 50 percent, by number, of a manufacturer's rigid
plastic packaging containers sold or offered for sale in the state in
the current calendar year achieve the postconsumer material
requirements of subdivision (a) of Section 42310 and all of the
manufacturer's rigid plastic packaging containers will comply with
the requirements of Section 42310 on or before January 1, 1996.
(c) The board shall grant a one-year waiver from all of the
requirements of Section 42310 for products packaged in rigid plastic
packaging containers that are introduced and sold in this state after
January 1, 1995.