Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.
Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
Chapter 2 - Definitions
California Public Resources Code — §§ 14502-14529.7
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Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.
“Aluminum beverage container” means a beverage container which consists primarily of aluminum.
Added by Stats. 1989, Ch. 1342, Sec. 1.
“Average monthly volume” means the average number of empty beverage containers per month received by a certified recycling center.
Added by Stats. 1992, Ch. 1266, Sec. 2. Effective September 30, 1992.
“Beneficiating processor” means any person certified by the department as a processor who also beneficiates purchased cullet so that it is furnace ready for glass container manufacturers, consistent with prevailing standards in the manufacturing industry. Cullet shall be deemed furnace ready when it has been cleansed, is free of nonglass contaminants, and has been crushed or otherwise processed in such a manner as to be acceptable without further processing by the purchasing glass container manufacturer.
Amended (as added by Stats. 2022, Ch. 610, Sec. 3) by Stats. 2023, Ch. 868, Sec. 1. (SB 353) Effective October 13, 2023.
(a)Except as provided in subdivision (b), “beverage” means any of the following products if those products are in liquid, ready-to-drink form, and are intended for human consumption:
(1)Beer and other malt beverages.
(2)Wine and distilled spirit coolers.
(3)Carbonated water, including soda and carbonated mineral water.
(4)Noncarbonated water, including noncarbonated mineral water.
(5)Carbonated soft drinks.
(6)Noncarbonated soft drinks and
“sport” drinks.
(7)Carbonated and noncarbonated fruit drinks that contain any percentage of fruit juice.
(8)Coffee and tea drinks.
(9)Vegetable juice.
(10)Distilled spirits.
(11)Wine, or wine from which alcohol has been removed, in whole or in part, whether or not sparkling or carbonated.
(12)Notwithstanding paragraph (1) of subdivision (b), wine or distilled spirits contained in a beverage container that is a box, bladder, or pouch, or similar container, regardless of the material type from which the beverage container is made.
(b)“Beverage” does not
include either of the following:
(1)Any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container.
(2)Milk, medical food, or infant formula.
(c)For purposes of this section, the following definitions shall apply:
(1)“Infant formula” means any liquid food described or sold as an alternative for human milk for the feeding of infants.
(2)(A) “Medical food” means a food or beverage that is formulated to be consumed, or administered enterally under the supervision of a physician, and that is intended for specific dietary management of diseases or health conditions for which
distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation.
(B)A “medical food” is a specially formulated and processed product, for the partial or exclusive feeding of a patient by means of oral intake or enteral feeding by tube, and is not a naturally occurring foodstuff used in its natural state.
(C)“Medical food” includes any product that meets the definition of “medical food” in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 360ee(b)(3)).
(3)“Noncarbonated soft drink” means a nonalcoholic, noncarbonated naturally or artificially flavored water containing sugar or sweetener or trace amounts of various elements from both natural and synthetic sources.
(d)This section shall
become operative on January 1, 2024.
Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.
“Beverage container” means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. “Beverage container” does not include cups or other similar open or loosely sealed receptacles.
Amended by Stats. 2023, Ch. 868, Sec. 2. (SB 353) Effective October 13, 2023.
(a)Except as provided in subdivision (b), “beverage manufacturer” means any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers, for sale to distributors, dealers, or consumers.
(b)For a beverage container containing beer, wine, or distilled spirits, the “beverage manufacturer” is the person who holds the license from the Department of Alcoholic Beverage Control authorizing the manufacture of the beer, wine, or distilled spirits, regardless of whether that person contracts with a third party to bottle, can, or otherwise fill the beverage container, so long as the beverage container is provided for sale to a distributor, dealer, or consumer by the holder of the
license.
Added by Stats. 1992, Ch. 1266, Sec. 3. Effective September 30, 1992.
“Bimetal container” means a beverage container which consists of one or more metals and which is composed primarily of steel.
Added by Stats. 1989, Ch. 1342, Sec. 2.
“Commingled” means a mix of empty beverage containers, as defined in Section 14512, and all other containers of the same material type.
Added by Stats. 1989, Ch. 1342, Sec. 3.
“Commingled rate” means the ratio of empty beverage containers, as defined in Section 14512, to all other containers of the same material type, as determined by the department.
Amended by Stats. 2021, Ch. 133, Sec. 102. (SB 272) Effective July 23, 2021.
(a)“Community Conservation Corps” means a nonprofit public benefit corporation formed or operating pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code, or an agency operated by a city, county, or city and county, that is certified by the California Conservation Corps as meeting all of the following criteria:
(1)The corps is organized in the form of supervised work crews and selects young adults for participation on the basis of motivation for hard work, personal development, and public service, without regard to their prior employment or educational background, and consistent with Section 14402. Participation shall be for a period
of one year, and may be extended.
(2)The corps’ program is based upon a highly disciplined work experience, includes an educational component, and is designed to develop corpsmembers’ character and civic consciousness through rigorous work on public projects. The educational component of the corps’ program includes enrollment in a vocational education program, public or charter high school, or postsecondary community college.
(3)The corps compensates corpsmembers at not less than the federal minimum wage, and provides corpsmembers assistance in obtaining permanent employment following their participation in the corps program.
(4)The corps engages in recycling and litter abatement projects as well as
projects that accomplish the conservationist and other purposes described in subdivisions (a) to (h), inclusive, of Section 14300, and that assist agencies of local government and other nonprofit community organizations in developing, rehabilitating, and restoring parklands, recreational facilities, and other community resources.
(5)The corps consists of an average annual enrollment of not less than 50 corpsmembers between 18 and 26 years of age. In determining the average annual enrollment of a community conservation corps for the purposes of Section 14581.1, the California Conservation Corps shall not include special corpsmembers, as described in Section 14303, who are employed by a community conservation corps.
(b)The California Conservation Corps shall evaluate a community
conservation corps for the purpose of determining its eligibility for certification, pursuant to this section, after it has completed 12 months of continuous operation, and annually thereafter.
Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.
“Consumer” means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. “Consumer” includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines.
Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.
“Container manufacturer” means any person who produces beverage containers for filling by beverage manufacturers, including any person who imports these beverage containers from outside of this state for filling by beverage manufacturers.
Amended by Stats. 2004, Ch. 183, Sec. 290. Effective January 1, 2005.
“Cullet” means scrap glass that is derived from postfilled food, drink, or beverage container glass produced or imported for sale in the state.
Amended by Stats. 2022, Ch. 610, Sec. 4. (SB 1013) Effective January 1, 2023.
(a)“Convenience zone” means either of the following:
(1)The area within a
one mile radius of a supermarket.
(2)The area designated by the department pursuant to Section 14571.5.
(b)Notwithstanding subdivision (c) of Section 14585, an entity that received handling fees pursuant to Section 14585 as of December 31, 2022, shall not be made ineligible for handling fees as a result of the changes made to this section by Senate Bill 1013 of the 2021–22 Regular Session.
Amended by Stats. 1992, Ch. 1266, Sec. 4. Effective September 30, 1992.
“Curbside program” means a recycling program which meets all of the following criteria:
(a)The program picks up empty beverage containers from individual or multiple family residences, or both, and the empty beverage containers are separated from waste materials prior to being picked up.
(b)The program is operated by, or pursuant to a contract with, a city, county, or other public agency, or is acknowledged, in writing, by a city, county, or other public agency.
(c)The program accepts empty beverage containers from consumers with the intent to recycle them, but does not pay the refund value.
Amended by Stats. 2023, Ch. 868, Sec. 3. (SB 353) Effective October 13, 2023.
(a)“Dealer” means a retail establishment that offers the sale of beverages in beverage containers to consumers.
(b)“Dealer” does not include any lodging, eating, or drinking establishment, wine, beer, or distilled spirits tasting room licensed pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000) of the Business and Professions Code), or soft drink vending machine operator who engages in the sale of beverages in beverage containers to consumers for consumption onsite. This subdivision does not exempt a distributor from the redemption payment under Section 14560 for sales of beverages in beverage containers to consumers by an entity specified in this subdivision.
(c)To determine which retail establishments are dealers, the department shall use annual or more frequent updates provided by American Business Information, Inc., as long as the information provided by American Business Information, Inc., is updated at least annually.
Added by Stats. 2022, Ch. 610, Sec. 6. (SB 1013) Effective January 1, 2023.
“Dealer cooperative” means a stewardship organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 and formed for the purpose of providing redemption opportunities pursuant to paragraph (2) of subdivision (a) of Section 14578 and consists of dealers that have an approved dealer cooperative redemption plan. A dealer cooperative is voluntary for a dealer to join pursuant to Section 14578.
Amended by Stats. 2009, Ch. 21, Sec. 3. (SB 63) Effective January 1, 2010.
“Department” means the Division of Recycling in the Department of Resources Recycling and Recovery.
Amended by Stats. 2009, Ch. 21, Sec. 4. (SB 63) Effective January 1, 2010.
“Director” means the Director of Resources Recycling and Recovery.
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