California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 4. Resource Conservation Programs

Article 5. Recycled Content Trash Bag Program

Section 17975. Regulatory Effect of Questions and Answers.

(a) What is the regulatory effect of the questions and answer format?

Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 42290 through 42297 of the Public Resources Code (PRC) govern the Recycled Content Trash Bag Program.

Note:

Authority cited: Section 40502, and 42297, Public Resources Code.
Reference: Section 42291, Public Resources Code.


Section 17976. Purpose and Definitions.

(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 manufactures 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 l 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.

Note:

Authority cited: Section 40502, and 42297, Public Resources Code.
Reference: Sections 42290 and 42291, Public Resources Code.


Section 17977. Who Must Comply With These Regulations?

(a) Who must comply with these regulations? You must comply with these regulations if you are:

(1) A manufacturer or wholesaler of regulated trash bags, or

(2) A supplier of RPPCM who sells material to a manufacturer of regulated trash bags.

Note:

Authority cited: Section 40502, and 42297, Public Resources Code.
Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code.


Section 17978. Who Must Certify?

Trash bag manufacturers and wholesalers of trash bags must certify annually to the Board on Board-supplied form CIWMB 57 "Plastic Trash Bag Manufacturer Certification" and form CIWMB #58 "Plastic Trash Bag Wholesaler Certification", respectively, which are described in Sections 17979 and 17979.5, and which are incorporated herein by reference. Suppliers of RPPCM must certify annually to the regulated trash bag manufacturers to whom they sell material. The supplier certification form will not be provided by the Board.

(a) Annual Aggregate Certification Requirements for Manufacturers of Trash Bags.

If you are a manufacturer of regulated trash bags, you must comply with the requirements described in Public Resources Code (PRC) sections 42291, 42292 and 42293. You must annually submit to the Board a completed Trash Bag Manufacturer Certification Form #57 on or before March 1 (to cover the preceding reporting period) of each year.

(b) Certification Requirements for Wholesalers of Trash Bag:

If you are a wholesaler of trash bags, you must comply with the requirements described in PRC section 42294. You must annually submit to the Board a completed Wholesaler of Trash Bag Certification Form #58 on or before March 1 (to cover the preceding reporting period) of each year.

(c) Certification Requirements for Suppliers of RPPCM:

If you are a supplier of RPPCM who sells material to a manufacturer of regulated trash bags, you must annually provide each manufacturer with the information described in PRC section 42292 and in Section 17980 of this Article. This report is due to each regulated trash bag manufacturer to whom you supplied RPPCM by February 1, (to cover the preceding reporting period) of each year.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41970, 41971, 41971.5, 41973, Public Resources Code.


Section 17979. Requirements for Manufacturers of Regulated Trash Bags.

(a) Manufacturers of Regulated Trash Bags -

(1) I am a manufacturer of regulated trash bags. What must I do to comply with these regulations? To comply with these regulations, you must:

(A) Certify to the Board by March 1 of each year one of the following:

1. That you met the annual aggregate use requirements that plastic trash bags intended for sale in California contained APCM equal to at least 10 percent by weight of the regulated trash bags.

2. That you met the annual aggregate use requirement that 30 percent of the weight of the material used in all of your plastic products intended for sale in California is APCM.

Until January 1, 2001, for each pound of RPPCM purchased from a California source to manufacture the plastic trash bags, or other products manufactured with RPPCM, the Board shall credit the manufacturer with having used 1.2 pounds of RPPCM.

3. Were exempt from meeting the requirements because all of the regulated trash bags you sold in California during the previous reporting period were either:

i. below the minimum gauge standard, or were

ii. hazardous or medical waste bags, or were

iii. non-plastic trash bags.

(B) Provide information upon request to anyone who purchases your trash bags and who must comply with these regulations, that will enable the purchaser to fulfill its certification requirements.

(C) Inform suppliers of RPPCM that the RPPCM being purchased will be reported on a certification to the Board in compliance with these regulations.

(2) I am a manufacturer of regulated trash bags. What information must I send to the Board each year in my certification?

On or before March 1 of each year you must send the following information to the Board for the preceding reporting period in your Trash Bag Manufacturer Certification Form #57:

(A) Identification:

Your company name, headquarters mailing address, every physical address where regulated trash bags were manufactured, contact person, and telephone number.

(B) Certification Information:

  1. Total number of plastic trash bags intended for sale in California,
  2. Total tons of plastic trash bags intended for sale in California,
  3. Total tons of actual postconsumer material used to manufacture all plastic trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
  4. Total number of regulated trash bags intended for sale in California,
  5. Total tons of regulated trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1,
  6. Total tons of material used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
  7. Total tons of APCM used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2,
  8. A description of any minimum recycled content mandate(s) of any other local, state, or federal government agencies with which you are required to comply, and the total tons of APCM used to comply with these mandates.
  9. The number of regulated trash bags and the tons of regulated trash bags which originated from each physical location from which the manufacturer shipped regulated trash bags,
  10. If you produce your own RPPCM, total tons of RPPCM produced during the reporting period, and, for each location where RPPCM is produced: tons of RPPCM, APCM content of RPPCM, and proximate prior usage of APCM,
  11. The name and physical location of each supplier of RPPCM,
  12. The quantity and proximate prior usage of, and the actual postconsumer material content of, RPPCM purchased for use in regulated trash bags.
  13. A list of any company(ies) to whom you sold RPPCM during the previous reporting period.

Until January 1, 2001, manufacturers claiming a credit of 1.2 pounds for each pound of RPPCM purchased from a California RPPCM source shall report tons of RPPCM purchased from both California sources and non-California sources.

(C) Accompanying Documentation

Accompanying documentation, such as, results of an independent audit or certification program regarding your regulated trash bags or the RPPCM you purchased, may be attached.

(D) If applicable - Manufacturer's Justification of Non-compliance

If a manufacturer of regulated trash bags is unable to obtain sufficient amounts of RPPCM because the material did not meet the quality standards established by the Board or the RPPCM was not available within a reasonable period of time, the manufacturer shall so certify. The information required to make such claims is identified in Sections 17980.5, 17981, 17982 and/or 17983, and 17983.5 of this Article, as applicable.

Additional recordkeeping requirements regarding such claims are in Sections 17982 and/or 17983 of this Article.

Note:

Authority cited: Section 40502, and 42297, Public Resources Code.
Reference: Sections 42291, 42292, and 42293, Public Resources Code.


Section 17979.1. Recycled Plastic Postconsumer Material That Cannot Be Used for Compliance.

Any certification of RPPCM used for compliance with these requirements shall not include any materials that are certified or used for compliance with any other California or federal requirement that requires the use or reporting of RPPCM for plastic products.

Note:

Authority cited: Sections 40502 and 42297, Public Resources Code.
Reference: Section 42290.5, Public Resources Code.


Section 17979.5. Requirements for Wholesalers of Regulated Trash Bags.

(a) Wholesalers of Regulated Trash Bags - Wholesalers of regulated trash bags who are not also manufacturers of trash bags shall be guided by the following provisions:

(1) I am a wholesaler of regulated trash bags who is not also a manufacturer of trash bags. What information must I send to the Board each year in my certification? On or before March 1 of each year, you must send the following information to the Board for the preceding reporting period on your Trash Bag Wholesaler Certification Form #58:

(A) Your company name, headquarters mailing address, every physical address from which regulated trash bags were shipped, telephone number, and contact person,

(B) A list of each manufacturer and each other wholesaler from whom you purchased regulated trash bags during the previous reporting period, and,

(C) The number of regulated trash bags and the tons of regulated trash bags shipped from each physical location which were intended for sale or distribution or sold in California for which you are certifying.

(2) I am a wholesaler of regulated trash bags who is not also a manufacturer of regulated trash bags. Must I provide information to other wholesalers regarding the trash bags I sell?Yes, you must provide information upon request to any wholesaler to whom you sell regulated trash bags and who must comply with these regulations. The information must enable the wholesaler to fulfill its certification requirements.

(A) You must also inform manufacturers and wholesalers of regulated trash bags that the trash bags being purchased will be reported on a certification to the Board in compliance with these regulations.

Note:

Authority cited: Sections 40502 and 42297, Public Resources Code.
Reference: Sections 42290, 42291, 42293, and 42294, Public Resources Code.


Section 17980. Requirements for Suppliers of Recycled Plastic Postconsumer Material (RPPCM) for Use in Regulated Trash Bags

(a) I am a supplier of RPPCM who has sold material to a manufacturer of regulated trash bags who is required to comply with these regulations. What must I do to comply with these regulations?

To comply with these regulations, you must:

Provide each regulated trash bag manufacturer with a statement identifying:

(1) the quantity and proximate prior usage of RPPCM sold for use in the regulated trash bags sold to the manufacturer,

(2) the actual postconsumer material (APCM) content of RPPCM sold for use in the regulated trash bags sold to the manufacturer, and

(3) any other information required of the manufacturer by the Board for the purposes of inclusion in the annual certification to the Board.

Note:

Authority cited: Section 40502, 42297, Public Resources Code.
Reference: Sections 42292 and 42293, Public Resources Code.


Section 17980.5. What If I Determine During A Reporting Period That I Cannot Meet The Recycled Plastic Postconsumer Material (RPPCM) Content Requirements?

(a) I am a manufacturer of regulated trash bags. Will the Board provide me with any assistance if I determine, during a reporting period, that I may not or cannot meet the RPPCM content requirement?

If at any time during a reporting period, you determine you may not meet the RPPCM content requirement, you must contact the Board within ten (10) calendar days of making the determination. The Board will supply you with information regarding additional suppliers of RPPCM. Following receipt of the information from the Board, you are required to make a good-faith effort to purchase RPPCM to meet the use requirement from each supplier on the Board-provided list. A good-faith effort must be made with each supplier on the Board's list, in addition to those suppliers you have done business with or are otherwise aware of prior to making the certification in Section 17981.

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code.


Section 17981. Failure To Meet Recycled Plastic Postconsumer Material (RPPCM) Content Requirements.

(a) I am a manufacturer of regulated trash bags. What must I do if I do not meet the regulatory requirements for any reporting period? If you are unable to obtain sufficient amounts of RPPCM within any reporting period because (1) it did not meet the RPPCM quality standards promulgated by the Board or (2) it was not available within a reasonable period of time, you must certify that fact to the Board.

(b) Must I provide documentation if I am requesting an exemption due to the lack of availability or due to the low quality of RPPCM?

Yes, required documentation to support a claim for a quality exemption may be found in Section 17982(f) and required documentation to support a claim for an availability exemption may be found in Section 17983(b).

(c) Must records be kept to document a claim? Yes, records must be kept to assist you in documenting your certification. (See Section 17983.5 of this Article)

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Section 42290, 42291, 42292 and 42293, Public Resources Code.


Section 17982. Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards.

(a) What are the Board's minimum recycled plastic postconsumer material quality standards for regulated trash bags?

The following recycled postconsumer plastic material quality standards have been developed by the Board for regulated trash bags. The Board will make available the quality standards by December 31 of each year and they will apply for a maximum of two years. The test methods to be used by the Board to determine whether the standards are being met are included with each characteristic, whenever applicable. These minimum specifications are for the plastic RPPCM blended with a minimum of thirty percent (30%) APCM.

(1) Moisture: 750 parts per million (ppm) maximum.
Test Method: ASTM D-4019-88 or equivalent method.
(2) Contamination: A specification mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
Test Method: A test method mutually agreed upon by the trash bag manufacturer and supplier of RPPCM.
(3) Pellet uniformity: The total number of pellets in a one gram sample must not vary more than ten percent (+/- 10%) from the average number for five samples.
Test Method: A simple count.
(4) Specific gravity: Resin must be within one percent (+/- 1%) of a specific gravity mutually agreed upon by the trash bag manufacturer and resin manufacturer.
Test Method: ASTM D-792-91 or ASTM D-1505-90 or equivalent.
(5) Melt Index: HDPE base resin - 0.25-0.85
LDPE base resin - 0.25-2.5
LLDPE base resin - 0.5-2.5, and the melt index must not vary by more than fifteen percent (+/- 15%) within a shipment, and it must be within thirty percent(+/- 30%) from shipment to shipment over the length of the contract.
Test Method: ASTM D-1238-88, or equivalent.

The ASTM test methods D-4019-88: Standard Test Method for Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90: Standard Test methods for Density of Plastics by the Density-Gradient Technique, D-1238-88: Standard Test methods for Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated herein by reference.

(b) Where can I find the ASTM test methods?

You can find ASTM test methods in the annually updated book called Annual Book of ASTM Standards, (ASTM) Section 8, Volume 08.01, published by the American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA 19103-1187, the noted sections of which are herein incorporated by reference. All ASTM tests must be performed with the most recently approved methods. The non-ASTM test methods have yet to be standardized or are self-evident.

(c) What if a mutually agreeable specification cannot be reached between buyer and seller of the RPPCM? If a mutually agreed upon specification cannot be reached in good faith, the trash bag manufacturer must purchase and use RPPCM which meets any past or present specification for RPPCM that the manufacturer has previously used to purchase material.

(d) What if an equivalent test method is mutually agreed upon between buyer and seller of RPPCM and the RPPCM for sale does not pass the test?

As long as the equivalent test method was mutually agreed upon by buyer and seller, an exemption claim based upon the failure to purchase the material will be accepted and evaluated by Board staff. If, however, an equivalent test method is not agreed upon, or problems arise with the test method after an agreement is reached, a trash bag manufacturer may not make a certification pursuant to Section 17981 based on the failure to purchase the material for which the test method was inadequate.

(e) What if a trash bag manufacturer produces its own RPPCM?

If a trash bag manufacturer produces enough RPPCM to meet the RPPCM use requirement, the manufacturer may not claim an exemption. If, however, the manufacturer can produce only a portion of the RPPCM it needs to comply with the requirements of this program, the manufacturer may file a request for a exemption if the failure to meet the use requirement was due to the quality or availability of the RPPCM offered for sale.

(f) I wish to certify that I was not able to meet the regulatory requirements because the RPPCM available to me did not meet the Board's quality standards. What must I do to make this certification?

For each shipment or sample of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, it is your responsibility to document your claim. Required documentation includes all of the following, but is not solely limited to these items:

(1) The list of the suppliers of RPPCM with whom you had purchase discussions after you realized that you might not meet the regulatory requirements,

(2) Any and all specifications and test methods which were mutually agreed upon between you and your RPPCM suppliers,

(3) Independent test results, product specifications, a letter of certification, or other documentation from each supplier of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, demonstrating that the material does not meet the quality standards,

(4) Performance of ASTM tests, identified in Section 17982(a) of this Article, may be conducted by the Board to assist you in substantiating your claim. If testing is to be done, the Board shall inform you of proper shipping and handling procedures for samples based on the provisions of the particular test to be used,

(5) A written explanation describing the circumstances leading to your decision to reject or refuse to purchase every sample or shipment of rejected or refused RPPCM, and,

(6) A written explanation from the supplier of any sample or shipment of RPPCM describing the quality of the particular material which was rejected or refused by you.

(g) Will the Board periodically review its RPPCM quality standards?

Yes, the Board will review its RPPCM quality standards whenever the Board determines it is necessary. The standards will be reviewed at least once every two years until the year 2000.

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Section 42291, 42295, and 42297, Public Resources Code.


Section 17983. Availability Within a Reasonable Period of Time.

(a) What is a reasonable period of time for shipment of RPPCM?

RPPCM shall be considered available within a reasonable period of time if the quoted shipment time will not prevent you from manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will arrive within sixty (60) days of the RPPCM order date.

(b) I must certify that I was not able to meet the regulatory requirements because RPPCM was not available to me within a reasonable period of time. What records must I keep to document my certification?

If you claim that you did not meet the regulatory requirements because RPPCM was not available within a reasonable period of time, it is your responsibility to document each claim. Required documentation for each claim includes, but is not limited to, all of the following:

(1) Copies of your production schedule indicating the date the RPPCM was needed to maintain your production of regulated trash bags,

(2) The quoted shipment times that you are claiming were unreasonable, order date, and quoted delivery date,

(3) RPPCM storage inventory at the regulated trash bag manufacturing facility where the material was to be shipped indicating the material was not otherwise available,

(4) The volume of RPPCM requested in the order,

(5) A written explanation describing any other circumstances contributing to your need to claim an exemption based on the availability of RPPCM,

(6) A written explanation from the supplier of RPPCM describing the availability of the particular material at the time of your negotiations, and,

(7) Additional facts to substantiate that the volume ordered and the timeframe for delivery that were requested were reasonable under normal business practices.

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Section 42291, 42295 and 42297, Public Resources Code.


Section 17983.5. Recordkeeping Requirements.

(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.

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Section 42290, 42291 , 42292, 42293 and 42295, Public Resources Code.


Section 17984. Auditing.

(a) Will the Board conduct audits related to my certifications?

The Board may include audits related to your certifications. The Board may either request additional information, or the Board may conduct an on-site audit. Each manufacturer, wholesaler or supplier required to provide certification or any information pursuant to this chapter shall be subject to audit by the Board.

(b) How will the Board request additional information?

The Board will send you a request for additional information by certified mail. The Board will list the information it needs and explain the need for the information. You will have thirty (30) days from the date of receipt of the request to supply the information.

(c) How will the Board conduct an on-site audit?

If the Board decides to audit your records or facilities to determine compliance with the regulatory requirements, either Board staff or the Board's designee will conduct the audit.

Note:

Authority cited: Section 40502 and 42297, Public Resources Code.
Reference: Section 42295, Public Resources Code.


Section 17985. Penalties.

(a) What may result if I provide the Board with a false or misleading certification?

Any person who provides the Board with a false or misleading certification may be prosecuted for fraud by the Attorney General.

(b) What may result if I do not comply with the regulatory requirements?

The Board shall publish a list of those not in compliance with the requirements of this Article. Manufacturers and wholesalers of regulated trash bags and suppliers of RPPCM who do not comply with these statutes or regulations may be referred to the Attorney General for prosecution.

Note:

Authority cited: Section 40502, 41955, and 42297, Public Resources Code.
Reference: Sections 42296 and 42297, Public Resources Code.

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