Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) What is the purpose of these regulations? These regulations explain the requirements for each manufacturer and wholesaler of trash bags and each supplier of recycled plastic postconsumer material (RPPCM) which is used to manufacture trash bags which are intended for sale or distribution in California. Also included are procedures manufacturers and wholesalers of trash bags and suppliers of recycled plastic postconsumer material (RPPCM) must follow to meet reporting and certification requirements. These regulations pertain to plastic trash bags which are intended for sale or distribution, or which are sold within California to recycled plastic postconsumer material (RPPCM) used to manufacture plastic trash bags which are sold or intended for sale or distribution in California and other plastic products manufactured by a plastic trash bag manufacturer intended for sale in California.
(b) Definitions. The following definitions, and the definitions found in Public Resources Code section 42290 apply to the regulations in this Article.
(1) "Actual postconsumer material (APCM)" means the weight, in pounds, of the postconsumer material used in a feedstock to manufacture trash bags. For example, the weight of actual postconsumer material in 1000 pounds of 100% postconsumer material feedstock would be 1000 pounds. However, the weight of APCM in 1000 pounds of resin blended from 70% postconsumer material and 30% non-postconsumer material would be 700 pounds (1000 x 0.70 = 700).
(2) "Annual aggregate use" is the sum of all actual postconsumer material (APCM) used to manufacture plastic products, either just the plastic trash bags or all of a manufacturer's plastic products that are used as a basis for compliance pursuant to section 17979. For example, if the manufacturer chooses section 17979(a)(1)(A)1 to show compliance, and if 10 million pounds of regulated trash bags are intended for sale in California, at least 1 million pounds APCM must be used to manufacture plastic trash bags intended for sale in California during that reporting period. Furthermore, the APCM may be used in some plastic trash bags and not in others so long as the cumulative use of APCM in plastic trash bags intended for sale in California exceeds 1 million pounds for the reporting period. If the manufacturer uses section 17979(a)(1)(A)2 to show compliance and 10 million pounds of regulated trash bags and 90 million pounds of other plastic products were manufactured and intended for sale in California, at least 30 million pounds (0.30 x (10+90) = 30) APCM must be used to manufacture all of those products during that reporting period.
(3) "Authorized certification signature" means the signature of any one of the following persons who has been designated by the entity to sign a certification on its behalf:
For a corporation--A responsible corporate officer or manager authorized to make management decisions which govern the operation of the certifying facility.
For a partnership or sole proprietorship--The general partner or sole proprietor.
For a government agency--Either the principal executive officer or a designated elected official who is authorized to obligate the entity for purposes of this certification.
(4) "The Board" means the California Integrated Waste Management Board.
(5) "Manufacturer" means a person who manufacturers plastic trash bags for sale in this state. This includes persons who produce plastic trash bags or convert plastic film into trash bags for sale in this state.
(6) "May" means a provision is permissive.
(7) "Must" means a provision is mandatory.
(8) "Plastic trash bag" means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags.
A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food.
A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes:
(a) "Hazardous waste," as defined in Section 25117 of the Health and Safety Code.
(b) "Medical waste," as defined in Section 25023.2 of the Health and Safety Code.
(9) "Postconsumer material" means a finished product which would normally be disposed of as a solid waste, having completed its intended end-use and product life cycle. "Postconsumer material" does not include manufacturing and fabrication scrap.
(10) "Proximate prior usage" means the collected finished product which the postconsumer material was derived from prior to its being processed into recycled plastic postconsumer material for use in a recycled content trash bag. For example, the proximate prior usage of the postconsumer material may have been, dry-cleaner bags, grocery or produce bags, agricultural film, or stretch wrap.
(11) "Recycled plastic postconsumer material (RPPCM)" means a plastic feedstock which is used to manufacture trash bags which contain postconsumer material. RPPCM may contain any amount (1-100%) of postconsumer material; however, compliance will be determined based on the APCM content of the trash bags.
(12) "Regulated bags" means plastic trash bags, as defined, intended for sale in California, which are at or above 0.70 mil thickness.
(13) "Reporting Period" is from January 1 through December 31 of any calendar year.
(14) A "shipment" is defined as any quantity of trash bags or recycled plastic postconsumer material, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, or other evidence of shipment.
(15) A "Supplier" means any person who provides recycled plastic postconsumer material (RPPCM) to a manufacturer of plastic trash bags.
(16) "Wholesaler" means any person who purchases plastic trash bags from a manufacturer for resale in this state. This includes all persons who sell or resell regulated plastic trash bags to retailers, distributors, commercial or industrial users, or governmental entities in California.
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of section and NOTE filed 3-24-95; operative 3-24-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 12).
3. Change without regulatory effect amending section filed 3-11-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 11).
Note: Authority cited: Section 40502 and 42297, Public Resources Code. Reference: Sections 42290 and 42291, Public Resources Code.
