Cal. Pub. Res. Code § 48702
Paint Product Recovery Program
Redline — January 1, 2011 → current.View current text →
Current — January 1, 2025
As of January 1, 2011
(a) A manufacturer of architectural paint sold in this state shall, individually or through a stewardship organization, submit an architectural paint stewardship plan to the department to develop and implement a recovery program to reduce the generation of postconsumer architectural paint, promote the reuse of postconsumer architectural paint, and manage the end-of-life of postconsumer architectural paint, in an environmentally sound fashion, including collection, transportation, processing, and disposal.
(b) (1) A manufacturer or retailer shall not sell or offer for sale in this state architectural paint to any person in this state unless the manufacturer is in compliance with this chapter.
(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) is posted on the department’s Internet Web site, and shall apply to any manufacturer that is not listed on the department’s Internet Web site, and shall remain in effect until the manufacturer is listed on the department’s Internet Web site or can demonstrate compliance as described in paragraph (2) of subdivision (c).
(c) (1) On July 1, 2012, or upon the date the first plan is approved, whichever date is earlier, the department shall post on its Internet Web site a list of manufacturers for which the department has approved a plan pursuant to subdivision (a) of Section 48704. The department shall update this posting no less than once every six months thereafter. On and after April 1, 2013, the department shall post a notice on its Internet Web site listing manufacturers that are in compliance with this chapter pursuant to subdivision (b) of Section 48705 and shall update this posting no less than once every six months.
(2) A manufacturer that is not listed on the department’s Internet Web site pursuant to this section, but demonstrates to the satisfaction of the department that it is in compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating that the manufacturer is in compliance. The manufacturer who receives that letter shall be deemed to be in compliance with this chapter.
(d) A wholesaler or a retailer that distributes or sells architectural paint shall monitor the department’s Internet Web site to determine if the sale of a manufacturer’s architectural paint is in compliance with this chapter.
(a) To comply with the requirements of this chapter, a manufacturer shall establish and implement a stewardship program, either by itself or as part of a group of manufacturers participating in the stewardship organization.
(b) No later than 30 days after the effective date of regulations adopted pursuant to Section 48701.1, each manufacturer, or a stewardship organization on behalf of the manufacturers participating in the stewardship organization, shall notify the department, in writing, that the manufacturer has registered or intends to register with the stewardship organization in accordance with the procedures and requirements established by the stewardship organization and will comply with those procedures and requirements.
(c) No later than 180 days after the effective date of this chapter, a stewardship organization shall provide to the department, in a form and manner established by the department, all of the following:
(1) A list of all participating manufacturers and their contact information, including names, physical and mailing addresses, email addresses, and telephone numbers.
(2) A list of paint products and brands of paint products that each participating manufacturer sells, distributes for sale, imports for sale, or offers for sale in or into the state. The list shall be disaggregated according to manufacturer or retailer.
(d) Each participating manufacturer shall update the information described in subdivision (c) and provide the updated information to the stewardship organization on or before January 15 of each year, within 30 days of changes to the information, and upon request of the department.
(e) A manufacturer registered with the stewardship organization with an approved stewardship plan shall comply with the approved stewardship plan.
(f) The stewardship organization shall notify the department within 30 calendar days of any the following:
(1) The end of any three-month period in which the stewardship organization unsuccessfully attempted to obtain a fee, records, or information from a participating manufacturer, or received incomplete or incorrect records or information required by this chapter.
(2) The date a manufacturer no longer participates in the stewardship organization’s approved stewardship plan.
(3) Any instance of noncompliance by a participating manufacturer.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.