Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) I am a manufacturer or wholesaler of regulated trash bags. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you sold to a retailer, distributor, wholesaler, broker, commercial or industrial user, or governmental entity,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you purchased from a manufacturer or wholesaler of trash bags,
(3) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you purchased or that you sold to another trash bag manufacturer which identifies the APCM contained in the RPPCM,
(4) A copy or record of any documentation you are using to verify a claim for an exemption based upon your assertion that the RPPCM did not meet the quality standards or was not available within a reasonable period of time,
(5) A copy of every annual Certification Form #57 or #58 sent to the Board,
(6) A copy of every certification, or other legal document, required by other local, state, or federal government agencies to satisfy minimum recycled content mandates for trash bags or other plastic products,
(7) A certification, or other legal document, with an authorized certification signature, as defined in Section 17976(b)(3) of this Article from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c), and the quantity purchased during the preceding calendar year.
(8) A copy of each statement received from a supplier of RPPCM identifying the quantity and proximate prior usage of, and the actual postconsumer material content of each shipment of RPPCM purchased and any other information the Board requires for purposes of inclusion in the annual certification, and,
(9) Any mutually agreed upon quality standard or delivery time for RPPCM.
(b) I am a supplier of RPPCM. What records must I keep to comply with these regulations? To comply with these regulations, you must keep:
(1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you sold to a manufacturer of regulated trash bags,
(2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of postconsumer material obtained from a hauler, collector, other RPPCM supplier, or collection program.
(3) A certification, or other legal document, signed by a person of authority, from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c).
(4) A copy of every annual Certification Form #57 or #58 sent to the Board, or other report or certification sent to a manufacturer of regulated trash bags, and,
(5) A copy of each statement required to accompany each type of RPPCM sold to a manufacturer of trash bags which identifies the quantity and proximate prior usage of, and the actual postconsumer material content of, each shipment of that RPPCM type and any other information the Board requires of suppliers for purposes of inclusion in the trash bag manufacturers annual certification.
(c) How long must I keep these records? All records must be kept for three (3) years after the date of certification. The records must be made available to the Board upon request.
1. New section filed 3-9-94; operative 3-9-94 (Register 94, No. 10).
2. Amendment of subsections (a)-(a)(4), (a)(6)-(7), (b)-(b)(2), and (b)(4), new subsections (a)(8)-(9) and (b)(5), and amendment of 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).
4. Change without regulatory effect amending subsections (a)(5) and (b)(4) filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).
Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42295, Public Resources Code.
