Each mattress recycling organization, manufacturer, renovator, retailer, recycler, and distributor required to comply with Chapter 21 (commencing with section 42985), Part 3, Division 30 of the Public Resources Code shall:
(a) Maintain records to support the requirements in this Article. (1) Mattress recycling organizations shall maintain records to support section 18962.(2) Retailers, renovators, recyclers and distributors shall provide access to existing records on all mattresses sold or offered for sale in the state including: (A) The manufacturer of the mattress.(B) The date(s) the retailer purchased the mattress from the manufacturer.(C) The date(s) the retailer sold the mattress.(D) Certification letter(s) from the department, if provided by a manufacturer, to demonstrate that the mattress from the manufacturer is or was subject to a department-approved mattress recycling plan. A retailer shall provide access to a certification letter only if it is being used as proof of compliance, pursuant to subdivision (b) of section 42993 of the Public Resources Code that a manufacturer not listed on the department's internet website is in compliance and may sell or offer for sale mattresses in California.(b) Provide the department with reasonable and timely access, as determined by the department, to its facilities, operations, and any relevant records necessary to determine compliance with this Article, upon request. (1) Manufacturers, renovators, retailers, distributors, and recyclers will maintain and provide access to records required by this Article for 3 years.(2) Mattress recycling organizations will maintain and provide access to records required by this Article for 3 years after submission of the annual report which relies upon those records.(c) The department may take enforcement action against any mattress recycling organization, manufacturer, renovator, retailer, recycler, or distributor who fails to provide the department with access pursuant to this section and subdivision (c) of section 42993.3 of the Public Resources Code.(d) In addition to the provisions in subdivision (c) of section 42987.3 of the Public Resources Code, records supplied to the department pursuant to this Article that are, at the time of submission, claimed to be proprietary, confidential, or trade secret shall be subject to the provisions in Title 14, California Code of Regulations, Division 7, Chapter 1, Article 4 (commencing with section 17041).Cal. Code Regs. Tit. 14, § 18969
1. New section filed 7-21-2015; operative 7-21-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 30). Note: Authority cited: Sections 40401 and 40502, Public Resources Code; and Section 6253, Government Code. Reference: Sections 42985, 42986, 42987, 42987.1, 42987.2, 42987.3, 42987.4, 42987.5, 42988, 42988.1, 42988.2, 42990, 42990.1, 42990.2, 42991, 42993.2 and 42993.3, Public Resources Code.
1. New section filed 7-21-2015; operative 7/21/2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 30).