B Wine and distilled spirit coolers. C Carbonated water, including soda and carbonated mineral water. D Noncarbonated water, including noncarbonated mineral water. G Except as provided in paragraph 4 of subdivision b , noncarbonated fruit drinks that contain any percentage of fruit juice.
J Vegetable juice in beverage containers of 16 ounces or less. Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated. Milk, medical food, or infant formula. One hundred percent fruit juice in containers that are 46 ounces or more in volume. Participation shall be for a period of one year, and may be extended. However, any lodging, eating, or drinking establishment or soft drink vending machine operator that engages in the sale of deposit beverages in beverage containers to consumers shall not be deemed a dealer for purposes of this division, except that these sales are subject to Section E Carbonated soft drinks.
G Except as provided in paragraph 5 of subdivision b , noncarbonated fruit drinks that contain any percentage of fruit juice. H Coffee and tea drinks. I Carbonated fruit drinks. For beer or other malt beverages manufactured outside the state, the container manufacturer shall be deemed to be the person or entity named on the certificate of compliance issued pursuant to Section of the Business and Professions Code.
However, the department shall not take any action regulating scrap dealers or redemption centers who are processors unless authorized by and pursuant to the goals of this division. Those criteria include, but are not limited to, places, open country, cities, towns, or census designated places with populations that are less than 10, persons. The department may designate an area with a population of between 10, and 50, persons as a rural region, unless the area is identified as part of, or associated with, an urban area, as determined by the department on an individual basis.
The appointment shall be exempt from civil service. Upon the request of the department, the Attorney General shall represent the department and the state in litigation concerning affairs of the department. The director shall adopt, amend, or repeal all rules and regulations in accordance with those provisions. The department shall consult with the beverage container stewardship organization regarding the adoption of rules and regulations pursuant to this section.
Plant quarantine inspection stations and any other appropriate information gathering focal points may be used and the plant quarantine officers and supervisors of the Department of Food and Agriculture shall collect, compile, and report information requested by the department pursuant to this subdivision.
Recovery of costs incurred by the Department of Food and Agriculture shall be accomplished through an interagency agreement with the department. For purposes of Section If the beverage container stewardship organization deems an application complete, the beverage container stewardship organization shall approve or deny the application no later than 30 calendar days after the date when the application was deemed complete.
The beverage container stewardship organization may terminate the certification of a redemption center if the redemption center does not meet the standards or requirements for certification, as determined by the beverage container stewardship organization. These procedures shall require that all information be submitted to the beverage container stewardship organization under penalty of perjury. A redemption center shall meet all of the standards and requirements contained in the procedures for certification.
The procedures, in addition to any other appropriate provisions, shall require that all of the following conditions be met for certification: 1 The operator of the redemption center demonstrates, to the satisfaction of the beverage container stewardship organization, that the operator will operate in accordance with this division. B A bag drop redemption center shall pay the refund value for beverage containers within a reasonable period of time, not to exceed three business days.
The refund value may be paid electronically in accordance with Section The department shall assess civil penalties pursuant to Section If the beverage container stewardship organization deems an application complete, the beverage container stewardship organization shall approve or deny the application no later than 60 calendar days after the date when the application was deemed complete. The beverage container stewardship organization may terminate the certification of a processor if the processor does not meet the standards or requirements for certification, as determined by the beverage container stewardship organization.
The standards, in addition to any other appropriate provisions, shall require that all of the following conditions be met for certification: 1 The processor demonstrates to the satisfaction of the beverage container stewardship organization that the processor will operate in accordance with this division. B For a reusable beverage container, a processor approved by the beverage container stewardship organization to handle reusable beverage containers may satisfy the requirements of this section by transferring the reusable beverage container to a washer approved by the beverage container stewardship organization.
B Processor reports regarding empty beverage containers received. C Cancellation verification documents. D Documents authorizing redemption centers to cancel empty beverage containers. E Processor-to-processor transaction receipts. F Rejected container receipts on materials subject to this division.
G Receipts for transactions with beverage manufacturers on materials subject to this division. H Receipts for transactions with distributors on materials subject to this division. I Weight tickets. The beverage container stewardship organization shall adopt requirements and standards for certification, and a dropoff or collection program shall meet all of the standards and requirements for certification.
The standards shall require that all information be submitted to the beverage container stewardship organization under penalty of perjury. The standards shall require, in addition to any other conditions that may be imposed by the beverage container stewardship organization, that both of the following conditions be met for certification: 1 The dropoff or collection program demonstrates, to the satisfaction of the beverage container stewardship organization, that the dropoff or collection program will operate in accordance with this division.
The beverage container stewardship organization may terminate the certification of a dropoff or collection program if the dropoff or collection program does not meet the standards or requirements for certification, as determined by the beverage container stewardship organization.
The beverage container stewardship organization may review and verify all applications for certification of redemption centers and processors, and may conduct a comprehensive field investigation of any applicant in any manner that the beverage container stewardship organization deems necessary to promote the purposes of this division.
This division does not prohibit the certification of the same location or entity as both a processor and a redemption center. Before the end of the probationary period, the beverage container stewardship organization shall issue a nonprobationary certificate, extend the probationary period for not more than one year, or, after notice to the probationary certificate holder, revoke the probationary certificate. Subsequent to the revocation, the former probationary certificate holder may request a hearing, which shall be conducted in the same form as a hearing for an applicant whose original application for certification is denied.
The beverage container stewardship organization may charge a fee for a certification, or renewal thereof, issued pursuant to this chapter. The fee shall not exceed the reasonable costs of the beverage container stewardship organization to certify, register, or renew the certification or registration.
Any certification or registration granted under this chapter is a privilege and not a vested right or interest. A processor shall also report to the department for each month the amount of other postfilled aluminum, glass, and plastic food and drink packaging materials sold filled to consumers in the state and returned for redemption.
However, a distributor may, upon the approval of the department, submit these reports annually to the department. On or before July 1, , and on or before July 1 of each year thereafter, the beverage container stewardship organization shall post on its internet website and provide to the department a report on the previous calendar year that includes all of the following: a The total amount of beverage containers produced and collected, by material type, the overall program redemption rate, the redemption rate for each material type, and the effective rate of recycling, by material type, after reducing for contamination.
Redemption and recycling rates shall be reported by number of units and by weight. Each reporting period shall be six months. The department shall determine all of the following for each reporting period and shall issue a report on its determinations, within days of the end of each reporting period: 1 Sales of deposit beverages in aluminum beverage containers, bimetal beverage containers, glass beverage containers, plastic beverage containers, and other beverage containers in the state, including refillable beverage containers.
These numbers shall be calculated using the average current weights of beverage containers, as determined and reported by the department. The department shall make available the information collected pursuant to subdivision a of Section concerning the volumes of materials collected from redemption centers only to a governmental agency that requests the information, including a city or county, or an entity specifically designated by the city or county to receive the information if the entity requests the information, if all of the following conditions are met: a The request is made in writing.
The manufacturer shall submit this information to the department under penalty of perjury. A glass container manufacturer shall report to the department each month, by a method as determined by the department, the amount of total tons of new glass food, drink, and beverage containers made in the state by that glass container manufacturer and the tons of California postfilled glass used in the manufacturing of those new containers.
The department, after an audit by a qualified auditing firm and a hearing, shall adopt a standard to be used to account for shrinkage and shall incorporate this standard in the audit process. The department shall establish procedures to protect any privileged, confidential, commercial, or financial information obtained while collecting information for carrying out the requirements of this division.
Any privileged, confidential, commercial, or financial information obtained in confidence by the department is not a public record for purposes of Chapter 3. The department is no longer required to determine the aggregate redemption rate under this subdivision after the refund value increases under paragraph 1 of subdivision b.
The separate identification shall be accomplished by stating one of the following: A The price of the beverage product plus a descriptive term, as described in paragraph 2. B The price of the beverage product plus the amount of the applicable refund value and a descriptive term, as described in paragraph 2. C The price of the beverage product plus the amount of the applicable refund value, a descriptive term, as described in paragraph 2 , and the total of these two amounts.
However, a beverage manufacturer or container manufacturer may place upon, or affix to, a refillable beverage container, any message that the manufacturer determines to be appropriate relating to the refund value of the beverage container.
Unless otherwise specified by this chapter, the methods and processes for the redemption of empty beverage containers described in the beverage container stewardship plan developed under Section A redemption center located on a dealer premises shall pay the refund value on a per-container basis of the total number of returned containers. A redemption center, other than a reverse vending machine, shall accept from any consumer or any dropoff or collection program and pay the applicable deposit for any refillable empty beer and other malt beverage container.
The redemption center shall return, or cause to be returned, the refillable beer and other malt beverage container to the beer and other malt beverage distributor or any willing purchaser, who shall then pay the deposit to the redemption center. The beer and other malt beverage distributor or other purchaser shall also negotiate an incentive payment with the redemption center for the return of these containers. A processor shall make a payment payment, by check or electronic fund transfer, to a redemption center or dropoff or collection program, for all types of empty beverage containers, by type of beverage container, received by the processor from the redemption center or dropoff or collection program, upon receipt by the processor of a shipping report from the supplier of the material, in a form and an amount determined in accordance with the methodology established under Section A processor shall not make the payment in cash.
The beverage container stewardship organization may authorize a processor to pay to the operator of a curbside program the refund value for segregated beverage containers received by the processor from the curbside program if economic or other circumstances warrant, as determined by the beverage container stewardship organization.
A dropoff or collection program shall not pay any refund value to the consumer. A lease entered into by a dealer after January 1, , shall not contain a leasehold restriction that prohibits or results in the prohibition of the establishment of a redemption center.
The rejection form shall be filled out by the container manufacturer at the time of the rejection and immediately given to the processor for submission to the department. A container manufacturer who refuses to fill out the standardized rejection form required by this subdivision is in violation of this division and is subject to the fines and penalties in Sections and However, if you cannot afford to pay your DUI class tuition all at once, you can pay a deposit when you start, and then pay the balance as your proceed through the program.
If you cannot afford to pay for the class, you may qualify for a DUI program fee waiver. Fresno County Official Website. Fresno Police Department. Fresno County Jail.
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