Cal. Pub. Res. Code § 42989.1
Mattress Recycling Charge
Redline — January 1, 2013 → current.View current text →
Current — January 1, 2025
As of January 1, 2013
(a) Commencing 90 days after the date the department approves or conditionally approves the plan pursuant to Section 42987.3, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress and shall remit the charge collected to the mattress recycling organization.
(a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item.
(b) In each transaction described in subdivision (a), the charge shall be clearly visible on the invoice, receipt, or functionally equivalent billing document provided by the seller to the consumer as a separate line item.
(c) The mattress recycling organization shall develop reimbursement criteria to enable retailers to recover administrative costs associated with collecting the charge.
(d) The mattress recycling organization shall determine the rules and procedures that are necessary and proper to implement the collection of the charge in a fair, efficient, and lawful manner.
(b) Notwithstanding subdivision (a), a distributor, retailer, or seller may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to remit the charge directly to the mattress recycling organization on behalf of the consumer. The distributor, retailer, or seller may, but is not required to, make the charge clearly visible on the invoice, receipt, or in a functionally equivalent document.
(c) A distributor, retailer, or seller shall be responsible for educating the consumer or the ultimate end user of the mattress in the state as provided under subdivision (n) of Section 42987.1.
(d) The charges collected pursuant to this section shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization.
(e) For purposes of this section, “functionally equivalent document” means a document provided by a distributor, retailer, or seller to a consumer from the mattress recycling organization that includes information about the recycling charge and options available to consumers for the free dropoff or collection of used mattresses.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.