Cal. Code Regs. tit. 14 § 17946

Current through Register 2024 Notice Reg. No. 49, December 6, 2024

Section 17946 - Waivers

(a) In accordance with Public Resources Code Section 42330(c), the Department shall grant a waiver from rigid plastic packaging container compliance under Section 17944 for a newly introduced product sold in California, upon petition by a product manufacturer pursuant to subsection (c) of this Section.

(b) Such waivers from compliance with Section 17944 shall be valid for 12 months from the date on which the newly introduced product is first sold or offered for sale in California.

(c) Petition for Waiver

To receive a waiver, a product manufacturer shall petition the Department as part of the compliance certification process. Within 90 calendar days of receipt of notice that it has been selected for certification (per Section 17945.1(d)), or by the end of the certification period for newly introduced containers not known within 90 calendar days of the notice, the product manufacturer shall submit to the Department a written petition that includes the following information:

(1) The newly introduced product for which the waiver is being requested;

(2) The name, mailing address, e-mail, and telephone number of the contact person to whom the Department shall direct future communications relating to the petition;

(3) Documentation and supporting evidence demonstrating the date the product was or will be first sold or offered for sale in California during the measurement period.

(4) Documentation demonstrating the product conforms to the "newly introduced product" definition;

(5) The documentation must be submitted under penalty of perjury, and include the following statement, the title of the signatory and the date of signature: "I certify under penalty of perjury under the laws of the State of California that to the best of my knowledge and belief the foregoing information and all supporting data provided is accurate, true and complete."

(d) Upon receipt of a product manufacturer's petition for a waiver, the Department will review the petition and will grant or deny the petition in writing within 90 calendar days.

(e) The Department will grant a general waiver to all product manufacturers from compliance with the rigid plastic packaging container requirements, in accordance with Public Resources Code Section 42330(b)(1), if less than 60 percent of California's single family households have access to curbside collection programs which include beverage container recycling. It is not necessary to petition the Department for this waiver. The Department may use curbside collection data submitted as part of the beverage container recycling related requirements biannually to obtain the information necessary to determine whether this waiver should go into effect.

Cal. Code Regs. Tit. 14, § 17946

1. New section filed 11-4-94; operative 12-5-94 (Register 94, No. 44).
2. Change without regulatory effect amending subsection (a)(2) filed 3-24-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 13).
3. Amendment of subsections (a) and (e), new subsection (f), subsection relettering and amendment of newly designated subsections (g) and (h)(2) filed 6-2-2003 as an emergency; operative 6-2-2003 (Register 2003, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-30-2003 or emergency language will be repealed by operation of law on the following day.
4. Reinstatement of section as it existed prior to 6-2-2003 emergency amendment by operation of Government Code section 11346.1(f) (Register 2004, No. 3).
5. Amendment of subsections (a) and (e), new subsection (f), subsection relettering and amendment of newly designated subsections (g) and (h)(2) filed 1-12-2004; operative 1-12-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 3).
6. Renumbering of former section 17946, subsections (a) through (h)(6) to new section 17945.2, renumbering of former section 17946, subsections (i) through (i)(6) to new section 17945.3 and new section 17946 filed 6-28-2012; operative 1-1-2013 (Register 2012, No. 26).

Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42325 and 42330, Public Resources Code.