SECTIONS 42390 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42390

42390. (a) For purposes of this chapter, the following definitions
shall apply:
(1) "Manufacturer" means a person who manufactures expanded
polystyrene loosefill packaging material for sale in this state.
(2) "Recycled material" means feedstock material from any of the
following that has been diverted from landfill disposal:
(A) Material derived from a finished polystyrene product that has
completed its intended end use and product life cycle.
(B) Material derived from a blemished, flawed, or otherwise
unusable finished polystyrene product.
(C) Material derived from manufacturing and fabrication scrap from
production of a finished polystyrene product.
(3) "Wholesaler" means a person who purchases expanded polystyrene
loosefill packaging for resale in this state.
(b) Except as provided in subdivision (c), on and after January 1,
2012, a wholesaler or manufacturer shall not sell or offer for sale
in this state expanded polystyrene loosefill packaging material.
(c) Subdivision (b) does not apply to expanded polystyrene
loosefill packaging materials that complies with the following
requirements:
(1) On and after January 1, 2012, until December 31, 2013,
inclusive, it is comprised of at least 60 percent recycled material.
(2) On and after January 1, 2014, until December 31, 2016,
inclusive, it is comprised of at least 80 percent recycled material.
(3) On and after January 1, 2017, it is comprised of 100 percent
recycled material.
(d) A wholesaler or manufacturer who sells or offers for sale at
retail in this state expanded polystyrene loosefill packaging
material in violation of this chapter is guilty of an infraction and
shall be punished by a fine not exceeding one thousand dollars
($1,000).