California Code of Regulations
Title 14 - Natural Resources
Division 7 - Department of Resources Recycling and Recovery
Chapter 4 - Resource Conservation Programs
Article 7 - Reusable Grocery Bags
Section 17988.2 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The definitions set forth in this Section and in Chapter 5.3 (commencing with section 42280), Part 3, Division 30 of the Public Resources Code, shall govern the construction of this Article.
(b) "Aesthetic change" means a change in decoration that does not affect the material composition, size, or construction of a certified reusable grocery bag, pursuant to sections 42281 and 42281.5 of the Public Resources Code, and does not constitute a change that creates a new type of reusable grocery bag. An aesthetic change includes, but is not limited to, a decoration that uses the same inks, dyes, or pigments in any proportion, or any combination or selection from a suite of inks, dyes, or pigments in any proportion for the type of reusable grocery bag that was previously submitted in a proof of certification.
(c) "Appropriate washing equipment" means the washing equipment employed to clean postconsumer recycled material by removing physical and/or chemical contaminants so it is suitable for use in manufacturing a reusable grocery bag. Appropriate washing equipment includes dry and wet washing technologies.
(d) "Certified Reusable Grocery Bags and Producers List" means the list of reusable grocery bag producers from which the department has received the payment required pursuant to this Article and section 42282.1 of the Public Resources Code, and a proof of certification, as required pursuant to this Article and sections 42281, 42281.5, and 42282 of the Public Resources Code, for each type of reusable grocery bag that the producer offers for sale or distributes in the state of California.
(e) "Decoration" means the coloration and/or treatments applied to a reusable grocery bag using inks, dyes, pigments, decals, or other methods.
(f) "Fabric Weight" means the weight of the fabric used in the construction of a reusable grocery bag reported in units of grams per square meter. Fabric weight may be measured based on a single sample or based on an average of the weights of one sample taken from each of the following locations: the handles, reusable grocery bag opening, and body of the reusable grocery bag. Samples may include more than one layer of fabric, based on the construction of the reusable grocery bag.
(g) "ISO/IEC 17025" means the International Organization for Standardization/International Electrotechnical Commission general requirements for the competence of testing and calibration laboratories.
(h) "ISO/IEC 17065" means the International Organization for Standardization/International Electrotechnical Commission requirements for bodies certifying products, processes and services.
(i) "Point of sale" means the place where items are purchased in a store, such as at a checkout counter. "Point of sale" includes any location where a store fulfils an order to its customers as part of an online transaction, a phone order, or by similar means.
(j) "Proof of certification" means a document (or multiple documents) submitted by a reusable grocery bag producer under penalty of perjury to the department via the Reusable Grocery Bag Reporting System. A proof of certification shall demonstrate that a reusable grocery bag sold or distributed to a store in California, as defined by section 42280(g) of the Public Resources Code, is compliant with the provisions of this Article.
(k) "Reusable grocery bag" has the same meaning as in section 42280 of the Public Resources Code, and includes, but is not limited to, a reusable grocery bag made with plastic film, compostable plastic film, or with natural or synthetic fiber, including, but not limited to, woven or non-woven nylon, polypropylene, polyethylene-terephthalate, or Tyvek.
(l) "Reusable Grocery Bag Reporting System" means the department's online database established to receive proofs of certification from reusable grocery bag producers for reusable grocery bags.
(m) "Third-party certification entity" means an entity that is either an independent laboratory having an ISO/IEC 17025 accreditation, or a certification body having an ISO/IEC 17065 accreditation, and that performs applicable testing and certifies that a reusable grocery bag meets the requirements of section 42281 and 42281.5 of the Public Resources Code.
(n) "Type of reusable grocery bag" means a reusable grocery bag manufactured, imported, sold, or distributed by a certified reusable grocery bag producer that has a different material composition, decoration (that is not an aesthetic change), size, or construction than another reusable grocery bag manufactured, imported, sold, or distributed by the same certified reusable grocery bag producer.
1. New section filed 7-17-2019; operative 7-17-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 29).
2. Change without regulatory effect adding new subsection (h), relettering former subsections (h)-(m) to (i)-(n) and amendment of relettered subsection (m) filed 1-24-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 4).
Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 42280, 42281, 42281.5 and 42282, Public Resources Code.