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

Chapter 4. Resource Conservation Programs

Article 3. Rigid Plastic Packaging Container Program.

(b) The requirements of these regulations go into effect for all rigid plastic packaging containers except those identified in Section 17944.2 on January 1, 1995, and for all calendar years thereafter, if at least 60 percent of the single family homes in the state are served by curbside collection programs that include beverage container recycling by January 1, 1994.

Note:

Authority cited:
Sections 40502 and 42325 of the Public Resources Code.

Reference:
Section 42300 et seq. of the Public Resources Code.

Section 17943. Purpose And Definitions.
(a) What is the purpose of these regulations?

These regulations provide guidance to those who must comply with the Rigid Plastic Packaging Container Program requirements, and include a description of the procedures that product manufacturers, container manufacturers, resin manufacturers, distributors, and importers must follow to meet reporting, certification, and documentation requirements. These regulations pertain only to rigid plastic packaging containers sold or offered for sale in California, regardless of where the containers or the products they hold are produced.

(b) Definitions.
The following definitions, as well as definitions found in Public Resources Section Code 42300-42345, apply to the regulations in this Article.

(1) The "Board" means the California Integrated Waste Management Board.

(2) "Capable of Multiple Re-closure" means a rigid plastic packaging container that can be closed and re-closed with its attached or unattached relatively inflexible lid.

(3) "Cosmetic" means those articles pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321 (i), and pertinent regulations in effect as of January 1, 1994. which are 1) intended to be rubbed, poured, sprinkled. or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and 2) articles intended for use as a component of any such articles; except that such term shall not include soap as defined in 21 C.F.R. 701.20 (a)(1) and (2). Products intended for cleansing the human body and which are not "soap" pursuant to 21 C.F.R. 701.20 (a)(1) are classified as "cosmetics."

(4) "Container Manufacturer" means the manufacturer of any rigid plastic packaging container as defined in Section 17943 (b)(30) of this Article.

(5) "Curbside Collection Program" means a recycling program that collects materials set out by homeowners for collection at the curb at intervals not less than every two weeks. "Curbside collection program" does not include redemption centers. buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities.

(6) "Drugs" mean those articles pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) and pertinent regulations, which are as follows:

articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States. or official National Formulary, or any supplement to an, of them; and articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals: and articles (other than food) intended to affect the structure or any function of the body of man or other animals; and articles intended for use as a component of any article specified in the clauses.

Drugs include prescription. nonprescription. and over-the-counter drugs regulated pursuant to the federal Food. Drug and Cosmetic Act (21 U.S.C. 321).

(7) "Final End User" means the person who purchases a rigid plastic packaging container in order to use the product held by the container. The final end user is that person who removes the product from the container and discards the container. "Person," includes an individual, firm, organization, copartnership, political subdivision. government agency, municipality, industry. public or private corporation, or any other entity whatsoever.

(8) "Food" means those articles pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f}) and pertinent regulations, which are used for food or drink for man or other animals, chewing gum. and articles used for components of any such article.

(9) "Infant Formula" pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(1)) and pertinent regulations, means food which a manufacturer claims is to be used solely as food for infants, because it simulates human milk or is suitable as a substitute for human milk.

(10) "Introduced" means any rigid plastic packaging container or product packaged in rigid plastic packaging containers that are first offered for sale and sold in California after January 1, 1995. Products for which such claims as "new" or "improved" are made and products for which the packaging has been changed by such criteria as size, color, or labeling, are not "introduced" packages or products.

(11) "Label" as used in the definition of product manufacturer, means a display of written, printed or graphic material upon the immediate container of any product.

(12) "Manufacturer" or "Product Manufacturer" means the producer or generator of a product which is sold or offered for sale in the state and which is stored inside of a rigid plastic packaging container. For the purposes of section 17948 (a) and 17949 (c) and (d) of this Article, "manufacturer" includes all subsidiaries and affiliates.

(A) Identification of the Product Manufacturer, for the purposes of this program, shall be determined by the following hierarchy:

1. When the name of the entity that manufactured the product held by the container is stated on the container label, then that entity shall be considered the product manufacturer.

2. When the container label does not state the entity that manufactured the product held by the container, but the container label does state the distributor of the container, then the distributor shall be considered the product manufacturer.

3. When the container label does not state either the entity that manufactured the product held by the container or the distributor of the container, but the container label states the importer of the container, then the importer shall be considered the product manufacturer.

(B) "Stored" means that the container normally holds the product for more than seven days. For purposes of these regulations, point-of-sale products, are not "stored" in a container for more than seven days.

(C) Any entity whose name may not appear on a label but which has a corporate relationship (i.e., parent/subsidiary or affiliate relationship) with an identified product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of Section 17944. The product manufacturer may be located inside or outside California, and/or inside or outside the United States.

(13) "May" means a provision is permissive.

(14) "Material Type" means broad feedstock categories such as paper. glass, plastic or aluminum. "Material type" does not mean individual plastic resins.

(15) "Measurement Period" means the time period for which compliance is being determined as part of the certification or auditing process described in Section 17946, 17946.5, and 17947 of this Article.

(A) Unless the reuse or refill compliance options, pursuant to Section 17944, are used, "measurement period" shall be the preceding calendar year. If the reuse or refill compliance option is being used, the product manufacturer may establish another measurement period that is appropriate to the product life cycle. If the product manufacturer establishes a measurement period other than the calendar year, the Board may request documentation to substantiate the basis for the alternative measurement period.

(B) For products introduced for sale in California on any day other than January 1 of any year, the first measurement period for the first year in which the product's containers are required to comply with the program requirements shall be the remaining partial calendar year in which the product was introduced for sale in addition to the following calendar year. For all subsequent years, the measurement period shall be the calendar year, unless either the reuse or refill compliance option is used, in which case the manufacturer may establish a measurement period unique to its product, as described above.

(16) "Medical Device" means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations, which includes the following:

(A) any instrument, apparatus, implement, machine, contrivance or implant which is recognized in the National Formulary or United States Pharmacopoeia or any additional supplement thereof,

(B) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or animal. or

(C) intended to affect the structure or any function of the body of man or animal. A medical device does not achieve any of its principle intended purposes through chemical action, nor is it dependent upon being metabolized to achieve its intended purpose.

(17) "Medical Food" means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C.321) and pertinent regulations, which includes the following:

(A) foods formulated to be consumed or administered under the supervision of a physician. and

(B) foods intended for specific dietary management of disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.

For the purposes of these regulations, medical food is food that is consumed or directly placed in the stomach or intestines through a tube, or other food which is used to manage a disease or medical condition, or food labeled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet". For the purposes of these regulations, medical food is not food for which popular dietary claims are made such as "low-fat" or "low-sodium."

(18) "Must" means a provision is mandatory.

(19) "Non-Source Reduced Container" means a container that is not considered source-reduced under the criteria established for this program as found in Sections 17943 (31) and 17946.5 (a)(2) and (b) (4) of this Article.

(20) "Original Container" means a rigid plastic packaging container that is holding a product when initially sold to the final end user and which may later be reused or refilled, as used in Section 17946.5 (b)(2)and (b)(3) of this Article.

(21) "Particular Type Rigid Plastic Packaging Container" is a rigid plastic packaging container which holds a single type of generic product, such as milk or detergent.

(22) "Point-of-Sale Containers" are containers in which products are placed for sale directly to and intended for immediate consumption by the final end-user.

(23) "Postconsumer Material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end-use and product life cycle. Postconsumer material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.

Rigid plastic packaging containers holding obsolete or unsold products and post-industrial scrap that is commonly disposed, and not commonly reused within an original manufacturing process, shall be considered postconsumer material when used as feedstock for new products.

Internally generated scrap that has been commonly disposed may be considered postconsumer material if it is later used in a process other than the original manufacturing and fabrication process.

(24) "Product Associated Rigid Plastic Packaging Container" means a brand-specific rigid plastic packaging line which may have one or more sizes, shapes or designs and which is used in conjunction with a particular generic product line. A product associated container holds a brand-specific product such as Brand "X" salad dressing or Brand "Y" automotive oil.

(25) "Recycled" means a product or material which has been diverted from disposal in a landfill and has been reused in the production of another product.

(26) "Recycling Rate" means one of the following:

(A) The proportion, as measured by weight. volume, or number. that a particular type of rigid plastic packaging container sold or offered for sale in the state, such as a milk jug, soft drink container, or detergent bottle, is being recycled in a given calendar year.

This recycling rate calculation includes all rigid plastic packaging containers sold or offered for sale in California that are used to package the generic product for which the particular type recycling rate is calculated.

(B) The proportion, as measured by weight, volume, or number, that a product-associated rigid plastic packaging container sold or offered for sale in the state. is being recycled in a given calendar year.

(27) "Refillable package" means a rigid plastic packaging container which the Board determines is routinely returned to and refilled by the product manufacturer at least five times with the original product held by the package. For the purpose of this program, the product manufacturer or the product manufacturer's agent may refill a package.

(28) "Replacement product" means a product that is sold with the intent that it be removed from its package in order to replenish the contents of the original container that a consumer purchased that previously held the identical product.

(29) "Reusable package" means a rigid plastic packaging container which the Board determines is routinely reused by consumers at least five times to store the original product contained by the package.

(30) "Rigid Plastic Packaging Container" means any plastic package having a relatively inflexible finite shape or form. with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products. including, but not limited to. bottles, cartons. and other receptacles, for sale or distribution in the state.

(A) Rigid plastic packaging containers are capable of multiple re-closure. are sold holding a product, and are composed entirely of plastic with the exception of caps. lids, labels and other additives such as pigments, colorants, fillers, and stabilizers that are an integral part of the plastic polymer compound. Plastic caps and lids may be considered to be part of a rigid plastic packaging container at the product manufacturer's discretion.

(B) The total volume of the closed container will establish if the container is within the eight ounce to five gallon size requirements. For those containers measured in liquid or fluid volume, such as fluid ounce, gallon, milliliter, or liter, the product manufacturer may use either the labeled volume or the volumetric volume. The metric equivalent for the following U.S. liquid measures is as follows: eight (8) fluid ounces is equivalent to 236.59006 milliliters. and five (5) gallons is equivalent to 18.9272 liters. Containers for products which are labeled and sold by weight or an item count must be measured for their volumetric equivalency.

(C) "Flexible container" is a container that can be flexed. folded, and twisted, without the aid of tools, without damaging the container.

(D) "Rigid container" is a container which is not a flexible container and has essentially the same shape empty as full.

(E) If it is unclear whether a container is a rigid plastic packaging container, the Board will make that determination on a case by case basis. The Board will make that determination by considering, at a minimum, how the container compares to others that are clearly regulated or excluded by the program.

(31) "Source reduced container" means either of the following:

(A) A rigid plastic packaging container for which the manufacturer seeks compliance as of January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with the packaging used for that product by the manufacturer from January 1, 1990, to December 31, 1994.

1. If the product held by the container was sold prior to January 1, 1990. the non-source reduced container weight is the average weight of the container during the first 60 days commencing with the first day of sale in multiple jurisdictions in 1990.

2. If the product held by the container was initially sold on or after January 1, 1990, the non-source reduced weight is the average weight of the container during the first 60 days it was introduced for sale in multiple jurisdictions.

(B) A rigid plastic packaging container for which the manufacturer seeks compliance after January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with one of the following:

1. The packaging used for the product by the manufacturer on January 1, 1995.

2. The packaging used for that product by the manufacturer over the course of the first full year of commerce in this state.

3. The packaging used in commerce that same year for similar products whose containers have not been considered source reduced. "Similar products" are the same products held by "particular type rigid plastic packaging containers", as defined in (21) of this section. The product manufacturer may demonstrate a comparison to "similar products" made by the same product manufacturer or made by another manufacturer.

(C) A rigid plastic packaging container is not a source reduced container for the purposes of this chapter if the packaging reduction was achieved by any of the following:

1. Substituting a different material type for a material which previously constituted the principle material of the container.

2. Increasing a container's weight per unit or use of product after January 1, 1991.

3. Packaging changes that adversely affect the potential for the rigid plastic packaging, container to be recycled or to be made of postconsumer material. The Board may review any information provided by the manufacturer to determine if the packaging change adversely affects the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material.

(D) For the purposes of calculating source reduction, the stated weight of a non-source reduced container used for comparison purposes must be the weight of the actual non-source reduced container used for twelve consecutive months. If the non-source reduced container has not been used for twelve consecutive months, the product manufacturer must provide information to the Board to support its claim if the Board requests supporting documentation as described in Section 17946.5. In addition, the stated weight of the source reduced container must be no greater than the weight of the actual container used for the duration that the source reduction compliance option is used.

1. If the source reduction of the container was achieved by manufacturing the container with a different resin than was used for the non-source reduced container. the new container is considered source reduced for the purpose of this program.

2. Any source reduction achieved by changing the rigid plastic packaging container to a flexible plastic container may be credited to other containers as part of the averaging method of compliance pursuant to Section 17944 (b). Container Requirements.

3. If a rigid plastic packaging container for a specific product is entirely eliminated and the same product is sold in California without any packaging, the source reduction may be credited to other containers as part of the averaging method of compliance pursuant to Section 17944 (b), Container Requirements.

Note:

Authority cited:
Section 40502, 42325 of the Public Resources Code.

Reference:
Sections 40170, 42300, 42301, 42310, 42330, 42340 of the Public Resources Code.

Section 17944. Container Requirements.
(a) I am a product manufacturer responsible for ensuring that rigid plastic packaging, containers comply with program requirements. What standards must these containers meet?

On or after January 1, 1995, all rigid plastic packaging containers sold or offered for sale in the state must meet one of the following criteria:

(1) Be made from at least 25 percent postconsumer material.

(2) Be recycled at one of the following rates:

(A) All product-associated rigid plastic packaging containers must have a 45 percent recycling rate. or

(B) All particular-type rigid plastic packaging containers must have a 45 percent recycling rate.

(3) Be reusable or refillable.

(4) Be a source reduced container.

(5) Be a container which contains floral preservatives and is subsequently reused by the floral industry for at least two years. This compliance option is only available for containers used by the floral industry in California. Similar containers sold to nurseries, landscapers, retail stores, and other outlets that are not wholesale or retail flower sellers or growers do not qualify for this compliance option.

For purposes of this section, rigid plastic packaging containers that are "sold or offered for sale" in the state refers to rigid plastic packaging containers that are manufactured on or after January 1, 1995, and subsequently sold or offered for sale in California.

No. every rigid plastic packaging container must not individually meet one of the compliance standards. A product manufacturer may achieve compliance for its containers based on an average. This average shall only be allowed for rigid plastic packaging containers for which the same compliance option is used. Averaging may be calculated using either data specific to containers sold and recycled in California or containers sold and recycled nationwide. Manufacturers may average the source reduction, postconsumer material, refill, or reuse options to express compliance for the containers the,/ use. Averaging may be based on the manufacturer's entire product line or any sub-lines determined by the manufacturer. If averaging is used, every rigid plastic packaging container must be included in an average or comply through another compliance alternative.

Note:

Authority cited:
Section 40502 and 42325 of the Public Resources Code.

Reference:
Sections 42301. 42310, 42326, 42330 and 42340 of the Public Resources Code.

Section 17944.2 How Will Waivers Be Granted?
(a) Which rigid plastic packaging containers are eligible for waivers from this program?

Waivers are allowed under the following conditions:

(1) The postconsumer content compliance option is waived for rigid plastic packaging containers if they cannot meet the postconsumer material requirement of Section 17944 of this Article and remain in compliance with applicable state and federal regulations, including those adopted by the United States Food and Drug Administration. Containers waived under this condition must comply under another compliance option.

(2) The postconsumer content compliance option of Section 17944 of this Article is waived for rigid plastic packaging containers if it is technologically infeasible to use 25 percent postconsumer content. Containers waived under this condition must comply under another compliance option.

(3) All requirements of Section 17944 of this Article are waived for a product manufacturer if by January 1, 1995, 50 percent, by number, of the product manufacturer's rigid plastic packaging containers sold or offered for sale in California, contain at least 25 percent postconsumer material, and all the manufacturer's containers will be in compliance using any option listed in Section 17944 on or before January 1, 1996.

(4) All requirements of Section 17944 of this Article are waived for an introduced product or package, pursuant to §17943, for 12 months immediately after the date on which it is first sold or offered for sale in California.

(b) I am a product manufacturer. How do I receive a waiver?

(1) To receive a waiver for your rigid plastic packaging containers pursuant to Section 17944.2 (a), you may only petition the Board as part of the compliance verification and auditing process pursuant to Sections 17944.2 and 17947 of this Article. You must submit to the Board by certified mail a written request containing the information below, in order for the Board to consider granting a waiver:

the rigid plastic packaging container(s) for which the waiver is being requested, the basis for the waiver, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communications relating to the petition.

Petitions to the Board for a waiver pursuant to Section 17944.2 (a)(5) above must also include the following:

a signed affidavit stating that the product held by the container was introduced into commerce in California after January 1, 1995, and that the product conforms to the "introduced" definition. The affidavit must include the date on which the product was first sold or offered for sale in California. The product manufacturer must supply documentation to substantiate the date of entry to the California marketplace, such as evidence of a California-based media campaign.

(2) Pursuant to section (a)(3) of this section, the Board will grant a general waiver for all product manufacturers that use rigid plastic packaging containers if less than 60 percent of California's single family households have access to curbside collection programs which include beverage container recycling, as described in (a)(3) of this section. You may not petition the Board for this waiver. The Board will consult the Department of Conservation's. Division of Recycling biannually to obtain the information necessary to determine whether this waiver should go into effect. This information shall be made public at the meetings of the California Integrated Waste Management Board and/or the Local Assistance and Planning Committee meetings held in the months of January and July of each year.

(3) Product manufacturers who want a waiver pursuant to Section 17944.2 (a)(4) above shall not petition the Board for a waiver. If the Board requests certification and documentation from a product manufacturer that wants to be granted this waiver, the product manufacturer may demonstrate at that time that 50 percent, by number, of its rigid plastic packaging containers sold or offered for sale in California contained at least 25 percent postconsumer material during the calendar year 1995, and all of the manufacturer's containers are in compliance using any option listed in Section 17944 of this Article on or before January 1 1996.

(c) How will the Board inform a product manufacturer if its petition for a waiver has been accepted or rejected?

Upon receipt of a product manufacturer's petition for a waiver, the Board will review the petition and will convey its finding to the product manufacturer within 60 days. All Board responses shall be in the form of written correspondence directed to the product manufacturer's designated contact person.

Note:

Authority cited:
Section 40502 and 42325 of Public Resources Code.

Reference:
Sections 42310. 42310.1, 42326, and 42330 of the Public Resources Code.

Section 17944.5 Exempt Rigid Plastic Packaging Containers
(a) Which rigid plastic packaging containers are exempt from the requirements of this Article? Pursuant to Public Resources Code Section 42340, the following containers are exempt from the requirements of this Article:

(1) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment. "Destined for shipment to other destinations outside the state" means that the sale of the rigid plastic packaging container to the final end user occurs outside California,

(2) Rigid plastic packaging containers that contain drugs, cosmetics, food, medical devices, medical food, or infant formula as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.),

(3) Rigid plastic packaging containers that contain products regulated by the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.),

(4) Rigid plastic packaging containers that are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications and testing standards set forth in Section 178.509 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable.

(b) I am a product manufacturer. Must I petition the Board to verify that my rigid plastic packaging containers are exempt from the requirements of this Article?

No, you are not required to petition the Board to verify that your rigid plastic packaging containers are exempt. If requested by the Board to certify compliance pursuant to section 17946 of this article, you must submit to the Board by certified mail a written response containing the information below:

the rigid plastic packaging container(s) for which the exemption is being claimed, the basis for the exemption, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communication relating to the exemption.

Note:

Authority cited:
Section 40502 and 42325 of the Public Resources Code.

Reference:
Sections 42310, 42326, and 42340 of the Public Resources Code.

Section 17945. Who Must Comply With These Regulations?
(a) Who is responsible for ensuring that the containers regulated by this program are in compliance with the requirements of this Article?

(1) Product manufacturers, pursuant to Section 17943 (b)(12) of this Article are responsible for compliance with the requirements of the rigid plastic packaging container program.

(2) Product manufacturers that are responsible only for products exempt under section 17944.5 are required to comply only with section 17944.5 (b).

Note:

Authority cited:
Section 40502 and 42325 of the Public Resources Code.

Reference:
Section 42301, 42325 of the Public Resources Code.

Section 17946. Who Must Certify That Compliance With This Article Is Met?
(a) Who must submit certifications?

Product manufacturers, pursuant to Section 17943 (b)(12) of this Article, and only upon notification from the Board as described in this section, are required to certify to the Board that the containers that they use comply with the rigid plastic packaging container requirements if they sell or offer for sale a product in a rigid plastic packaging container that is sold to a final end-user in California.

Upon the Board's request, a product manufacturer must submit a Board-supplied product manufacturer certification containing information that includes, but is not limited to, the information described in section (i) below.

A product manufacturer 'must, in addition, submit a container manufacturer certification if the product manufacturer chooses compliance based on the postconsumer content or source reduction compliance options, pursuant to this section and Sections 17944 and 17946.5 of this Article.

Container manufacturers must supply a certification to product manufacturers that includes the information described in section (h) below, if the container manufacturer produces rigid plastic packaging containers that either

(1) Meet the postconsumer material compliance option, or

(2) Meet the source reduction compliance option where the source reduction was achieved by reducing the weight of the containers used for a specific amount (ounces, grams, etc.) of product.

Proprietary information included in a certification submitted to the Board as required by this Article shall not be made available to the general public. The Board's procedures for protection of proprietary information can be found in section 17948.

(b) When must certifications be submitted?

The Board may request a completed certification from a product manufacturer once per calendar year or once per a product manufacturer's compliance measurement period, pursuant to Section 17943 (b)(15) of this Article. The Board shall not initiate requests for certifications until January 1, 1996, and will not require a product manufacturer to submit evidence of its compliance until 90 days after the end of the calendar year or measurement period established pursuant to Section 17943 (b)(15).

(c) Where can I get a certification form?

As part of the Board's notification to product manufacturers that they shall submit a compliance certification, the Board will include a product manufacturer certification form and a container manufacturer certification form. The Board will request that compliance certification be made by certified mail.

(d) How will the Board determine which product manufacturers are to submit a rigid plastic packaging container certification form and how will the Board notify product manufacturers of its determination?

In addition to random selection, the Board may use the following criteria to determine when to request a certification form from a product manufacturer: container type, product type held by the container, company size, or receipt of information that causes the Board to suspect that a container is not in compliance. The Board will request a certification of compliance from a product manufacturer in writing.

(e) How long do I have to respond to a Board request for completed certification forms?

A product manufacturer's completed certification forms must be postmarked no later than 90 calendar days from the date on which the Board's request arrived via certified mail. Product manufacturers may. in writing prior to the due date, request an extension of up to an additional 30 days to respond to the Board's request for certification. An extension may be granted by the Board if the product manufacturer provides the Board with documentary evidence to support its request based on criteria such as corporate acquisitions, corporate reorganizations, difficulty obtaining container information, or catastrophic acts of God, or other criteria deemed acceptable upon the Board's evaluation.

(f) As a product manufacturer, how will I know if my certification forms are complete?

The Board will review the certification forms to determine (1) the completeness of the certification forms; and (2) if not complete, any additional information or documentation needed. The Board will then, via certified mail, notify the product manufacturer as to the completeness of the forms. The Board's notice will state whether any additional information or documentation is required. The product manufacturer will have 30 days after the receipt of the notice to provide the required information or documentation.

(g) If I am a product manufacturer and I wish to claim compliance through the source reduction or postconsumer content options, as described in Section 17944 of this Article, who must provide certification to the Board: I or the container manufacturer?

When the basis [or compliance is either the postconsumer material option or the source reduction compliance option where the reduction was achieved by a simple decrease in container weight, then the container manufacturer must provide certification to the product manufacturer. If either of these two compliance options are claimed, you must request the appropriate container manufacturer(s) to complete a Board-supplied container manufacturer certification form. This form will be provided to you with the original request for certification from the Board or at your request. This form must be completed by the container manufacturer, and must accompany your product manufacturer certification form when sent to the Board. The required information to substantiate either of these two compliance claims pursuant to section (h) below.

Alternatively, if the container manufacturer provides you with all the information described in section (h) below as part of standard business procedures, then that same information may be submitted to the Board in lieu of a completed container manufacturer form supplied by the Board. As with the Board-supplied container manufacturer certification, the information supplied by the container manufacturer to you must be submitted with any product manufacturer certification that is submitted to the Board.

The product manufacturer is responsible for compliance with the requirements in Section 17944, but the container manufacturer is responsible for ensuring the accuracy of any information it provides to you.

(h) If I am a container manufacturer, what type of information must I provide in my certification? You must provide, at a minimum, the following information:

(1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying required information:

(2) The name, address, and telephone number of the product manufacturer at whose behest you are completing the certification form and the name and title of the person at that company who requested that you complete a certification form. If you supply a standard form to all customers expressing compliance with either the postconsumer material or source reduction compliance options as described in (g) of this section and which includes the information required in this section, then you do not need to provide the information in the previous sentence;

(3) For compliance with the postconsumer material option, state the following: the percentage of postconsumer material in the containers in question, the total weight of resin used to manufacture the specified containers, and 'the total weight of postconsumer resin used to manufacture the specified containers.

(4) For compliance with the source reduction option that was achieved by a simple reduction in container weight. state the following: the percentage of weight reduction for the containers, and the average weight of the containers of the packaging, line before and after source reduction occurred.

(5) Any other information the Board determines is necessary to verify compliance.

(6) The certification must be submitted under penalty of perjury, according to the following format:

"I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

(i) If I am a product manufacturer, what type of information must I provide in my certification? The information submitted on a Board-supplied product manufacturer certification form shall include, but not be limited to, the following:

(1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying the required information;

(2) The advertised name of your product containers regulated by this article and the resin type used for the containers;

(3) The compliance option, pursuant to Sections 17943 and 17944 of this Article, used to attain compliance or a statement that the product container is not in compliance with program requirements. The information you are required to provide depends on the compliance option used.

(A) For compliance with the postconsumer material option, state the percentage of postconsumer material in the containers for which you claim compliance.

(B) For compliance with any of the recycling rate options, state which recycling rate option was used. the recycling rate achieved, and a description of the products held by the containers that have achieved the stated rate.

(C) For compliance with the reuse option, state the average number of times the container was reused.

(D) For compliance with the refill option, state the average number of times the container was refilled.

(E) For compliance with the source reduction option where the source reduction was achieved by either concentrating the product, or achieved by a combination of concentrating the product and reducing the weight of the container that holds the product, you must provide the following:

1. The percentage the container was source reduced, and

2. The average weight per unit of product or the average weight per use of product before the source reduction was made and the average weight per unit of product or the average weight per use of product after the source reduction was made.

(4) Any other information the Board determines is necessary to verify compliance.

(5) The certification must be submitted under penalty of perjury, according to the following format:

"I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct."

Note:

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