Section 17944 - Container Requirements(a) On or after January 1, 1995, all rigid plastic packaging containers, except a rigid plastic packaging container that is exempt under Section 17946.5 of this Article, sold or offered for sale in California must meet one of the following criteria: (1) Be made from at least 25 percent postconsumer material and remain in compliance with applicable state and federal regulations, including those adopted by the United States Food and Drug Administration. If it is technologically infeasible for a rigid plastic packaging container to meet this requirement, such a container must comply with another compliance option within this section.(2) Be recycled at a 45 percent recycling rate if a product-associated rigid plastic packaging container, particular-type rigid plastic packaging container, or a single resin type rigid plastic packaging container.(3) Be a reusable rigid plastic packaging container or a refillable rigid plastic packaging container.(4) Be a source reduced rigid plastic packaging container.(5) Be a rigid plastic packaging container which contains floral preservative and is subsequently reused by the floral industry for at least two years. This compliance option is only available for rigid plastic packaging containers used by the floral industry in California. Similar rigid plastic packaging 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.(b) A product manufacturer may achieve compliance based on averaging. Averages may be calculated using either data specific to rigid plastic packaging containers sold and/or recycled in California or data on rigid plastic packaging containers sold and/or recycled nationwide. Averages shall be calculated for postconsumer material using the formula in Section 17945.5(b)(2), for source reduction using the formulas in Section 17945.5(d)(4), for reuse using the formula in Section 17945.5(e)(2), and for refill using the formula in Section 17945.5(f)(2). Averages may be based on the product manufacturer's entire product line or separated into product sub-lines. If averages are used to achieve compliance, all rigid plastic packaging containers must be accounted for in the calculation or must comply through another compliance option.Cal. Code Regs. Tit. 14, § 17944
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsection (a)(5) filed 5-30-97; operative 5-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Change without regulatory effect repealing subsections (a)(2)(A)-(B), relettering subsections and amending subsection (a)(5) filed 1-31-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 5).
4. Amendment of section and NOTE filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26). Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42301, 42310, 42310.3, 42326, 42330 and 42340, Public Resources Code.
1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. New subsection (a)(5) filed 5-30-97; operative 5-30-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
3. Change without regulatory effect repealing subsections (a)(2)(A)-(B), relettering subsections and amending subsection (a)(5) filed 1-31-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 5).
4. Amendment of section and Note filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26).