Bill Text: CA AB2251 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Weights and measures: beverage containers: redemption value.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 605, Statutes of 2014. [AB2251 Detail]

Download: California-2013-AB2251-Amended.html

---

BILL NUMBER: AB 2251	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 21, 2014

   An act to add Section 12024.13 to the Business and Professions
Code, relating to weights and measures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2251, as amended, Yamada. Weights and measures: beverage
containers: redemption value.
   Existing law makes it unlawful for a person, at the time of sale
of a commodity, to charge an amount greater than the price that is
advertised, posted, marked, displayed, or quoted for the commodity.
Existing law requires the Department of Food and Agriculture and each
county sealer to enforce these provisions. A violation of these
provisions is a crime.
   Existing law, the California Beverage Container Recycling and
Litter Reduction Act, requires a beverage distributor to pay a
redemption payment in a specified amount for every beverage container
sold or offered for sale in the state to the Department of Resources
Recycling and Recovery, for deposit in the California Beverage
Container Recycling Fund. The act authorizes a dealer, as defined, to
separately identify the amount of any redemption payment 
imposed on a beverage container in all advertising of beverage
products and on shelf labels of the dealer's establishment. 
 on the customer cash register receipt provided to the consumer
by the dealer that is applied to the purchase of a beverage
container. 
   This bill would  require a dealer, at the time of sale of
a beverage in a container subject to the act, to separately identify
the amount of any redemption payment imposed on the beverage
container pursuant to the act and to accurately identify the amount
of any redemption payment required by the act.  
prohibit a dealer from charging an amount for a redemption payment
for a beverage container that is greater than the amount set forth in
the act.  Because a violation of  these provisions
  this provision  would be a crime, this bill would
create a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12024.13 is added to the Business and
Professions Code, to read:
   12024.13.  (a) A dealer  shall, at the time of sale of a
beverage in a container subject to Division 12.1 (commencing with
Section 14500) of the Public Resources Code, separately identify the
amount of any redemption payment imposed on the beverage container
pursuant to Section 14560.5 of the Public Resources Code and shall
accurately identify the amount of the redemption payment required by
Section 14560 of the Public Resources Code.   shall not
charge an amount for a redemption payment for a beverage cont 
 ainer that is greater   than the amount set forth in
Section 14560 of the Public Resources Code.
   (b) For purposes of this section, "dealer" has the same meaning as
in Section 14510 of the Public Resources Code.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.