Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Identification of Companies That May Be Subject to Certification.
Upon the discovery of a product manufacturer that has been newly identified as selling or offering for sale products held in rigid plastic packaging containers into California, the Department shall notify the product manufacturer that it appears to be subject to the requirements of Section 17944 of this Article, and has been added to the group of companies which may be required to certify compliance with this Article. Within 90 calendar days of notification from the Department, the product manufacturer shall submit the following information:
(1) The designated contact's name and title;
(2) Contact phone number(s), fax number(s) and e-mail address(es);
(3) Mailing address(es) and web address (if available); and
(4) If applicable, any information the product manufacturer believes will demonstrate that the product manufacturer does not sell its product(s) within rigid plastic packaging containers in California, as defined in Public Resources Code Section 42301(f), and thus is not subject to this Article.
(b) Pre-Certification Notice.
(1) At least one calendar year before the start of a measurement period, the Department shall select from the group of known product manufacturers a subgroup of companies that may be required to certify compliance for that measurement period. The Department shall notify the selected product manufacturers of this determination in writing by January 31 of the calendar year prior to the start of the measurement period.
(2) Within 90 calendar days of receipt of a pre-certification notice per subsection (b)(1) of this Section, a product manufacturer may seek an advisory opinion from the Department pursuant to Section 17948.2.
(3) Within 90 calendar days of receipt of a pre-certification notice per subsection (b)(1) of this Section, the product manufacturer shall submit the contact information listed in subsection (a) of this Section.
(c) Selection of Companies to Certify Compliance.
The Department may select product manufacturers to certify compliance for a measurement period based on the following hierarchy:
(1) A selection of product manufacturers that have previously been selected for certification and have not yet been found to be in compliance with this Article;
(2) A random selection of product manufacturers that have not yet been selected to certify compliance with this Article;
(3) A random selection of product manufacturers that have previously been selected for certification and have been found to be in compliance with this Article.
(d) Certification Notice.
(1) The Department shall select from the companies previously notified per subsection (b)(1) of this Section the subgroup that will be required to certify compliance for that measurement period.
(2) The Department shall notify the product manufacturers selected for certification by March 31 of the measurement period.
(3) Within 90 calendar days of receipt of a certification notice per subsection (d)(2) of this Section, a product manufacturer may seek an advisory opinion from the Department pursuant to Section 17948.2 for any containers it has introduced since receipt of the pre-certification notice and any request it made per subsection (b)(2) of this Section.
1. New section filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26).
Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Section 42325, Public Resources Code.
