Section 2235 - RecordkeepingA beverage manufacturer shall maintain the following records in accordance with the general requirements set forth in section 2085 of subchapter 2 of these regulations.
(a) Transactions with a Container Manufacturer. A beverage manufacturer shall maintain the following records evidencing the receipt of beverage containers or components thereof. Such records shall include all bills of lading, other shipping documents, and the following information:(1) Date of receipt of shipment;(2) Quantity, material type, size, and component type, if applicable, of beverage containers or components in shipment;(3) Full name and address of shipper; and(4) Cancelled checks or other proof of payment (receipts), invoices, and statements regarding container manufacturers' payment or credit for processing fees pursuant to the Act.(b) Rejected Containers. A beverage manufacturer shall maintain records of any recycling, processing, or other disposition of rejected containers and any payments therefor. These records shall include receipts or statements signed by the recycling center, processor, or other recipient. Such receipts or statements shall state the weight by material type of rejected containers and any payment made or credit granted therefor.(c) Sales and Transfers of Beverage Containers by a Beverage Manufacturer. A beverage manufacturer shall maintain records, by individual sale or transfer, of all sales or transfers of beverage containers to distributors, dealers, or consumers, and any payments made therefor. The records shall include all of the following: (1) The number, by material type, of beverage containers sold or transferred to dealers, distributors, or consumers;(2) The date of the sale or transfer;(3) The full name and address of the buyer or other transferee, and shipping name and address if different; and(4) Proof of payment for the beverage containers sold or transferred, such as invoices and statements.(d) Processing Fee Report Records. A beverage manufacturer shall retain a copy of the Beverage Manufacturer Report, submitted to the Division pursuant to section 2240 of this subchapter, and proof of payment and receipts for processing fee payments made to the Division.(e) Documentation of minimum recycled plastic content for beverage containers containing any percentage of minimum recycled plastic content evidencing the recycled plastic content of beverage containers sold or transferred to distributors, dealers, or consumers. Suitable records for examination and audit by the Department shall include all of the following: (1) Material data sheets and purchase records associated with the beverage container and beverage container components,(2) Manifests, bills of lading or other sales documents to show shipping of beverage containers with postconsumer material content,(3) Purchase records of postconsumer recycled material and virgin material used to manufacture beverage containers,(4) Certifications made by a container manufacturer of the postconsumer recycled material content of the beverage containers, and(5) Financial, transactional, or legal documentation provided by the container manufacturer that documents the postconsumer recycled material content of the beverage containers.Cal. Code Regs. Tit. 14, § 2235
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14547, 14549.3, 14552 and 14575, Public Resources Code.
Note: Authority cited: Sections 14530.5 and 14536, Public Resources Code. Reference: Sections 14537, 14552 and 14575, Public Resources Code.
1. Renumbering and amendment of former section 2711 to section 2235 filed 6-12-91 as a change without regulatory effect pursuant to section 100, title 1, California Code of Regulations (Register 91, No. 46).
2. Amendment of subsection (d) filed 10-15-91; operative 10-15-91 pursuant to Government Code section 11346.2(d) (Register 92, No. 19).
3. Amendment filed 12-6-96; operative 12-6-96 (Register 96, No. 49).
4. Amendment of first paragraph and subsections (a), (b) and (c) filed 6-3-99; operative 6-3-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 23).
5. Amendment of subsection (d) filed 1-24-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 1-24-2000 (Register 2000, No. 4). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 5-23-2000 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (d) refiled 4-17-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 4-17-2000 (Register 2000, No. 16). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 8-15-2000 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (d) refiled 8-11-2000 as an emergency pursuant to Public Resources Code section 14536(a); operative 8-16-2000 (Register 2000, No. 32). This regulatory action was not automatically deemed an emergency pursuant to Public Resources Code section 14536(b)(2) and a Certificate of Compliance must be transmitted to OAL by 12-14-2000 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 8-11-2000 order transmitted to OAL 11-28-2000 and filed 1-11-2001 (Register 2001, No. 2).
9. Amendment of subsection (d) and Note filed 8-2-2012; operative 9-1-2012 (Register 2012, No. 31).
10. New subsections (e)-(e)(5) and amendment of NOTE filed 11-2-2023; operative 1/1/2024 (Register 2023, No. 44).