Bill Text: CA AB1760 | 2021-2022 | Regular Session | Introduced

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

---

Bill Title: Bulk merchandise pallets.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2022-09-25 - Chaptered by Secretary of State - Chapter 521, Statutes of 2022. [AB1760 Detail]

Download: California-2021-AB1760-Introduced.html

---

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1760

---

Introduced by Assembly Member Rodriguez
(Coauthors: Assembly Members Ramos and Robert Rivas)

February 02, 2022

---

An act to amend Section 21609.7 of the Business and Professions Code, relating to secondhand goods.

LEGISLATIVE COUNSEL'S DIGEST

AB 1760, as introduced, Rodriguez. Bulk merchandise pallets.

Existing law authorizes junk dealers and recyclers, as defined, to sell and purchase junk, which includes secondhand and used furniture, pallets, or other personal property, as specified. Existing law prohibits junk dealers and recyclers from purchasing or receiving bulk merchandise pallets marked with an indicia of ownership from anyone except the indicated owner, unless specified information is provided to the junk dealer or recycler, and requires the junk dealer or recycler to maintain a written record of that information.

This bill would revise those provisions to apply only to the purchase of bulk merchandise pallets marked with an indicia of ownership and delete the provisions on receiving the bulk merchandise pallets, as described above. The bill would provide that those provisions do not prohibit a junk dealer or recycler from acquiring good faith possession of merchandise pallets based on the representations of the seller that the indicated owner cannot be located or has failed to retrieve the merchandise pallets on a timely basis. If, within 35 calendar days after the junk dealer or recycler acquires good faith possession, the indicated owner demands a return of the pallets, the bill would permit a junk dealer or recycler to require payment of reasonable storage fees. The bill would provide that after 35 calendar days, the owner is deemed to have relinquished possession of the merchandise pallets, and would permit the junk dealer or recycler to either sell the pallets or charge reasonable storage fees if the indicated owner demands a return and the pallets are still in the possession of the junk dealer or recycler.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 21609.7 of the Business and Professions Code is amended to read:

21609.7.

 (a) Except as provided in subdivision (b), no subdivisions (b) and (d), a junk dealer or recycler may shall not purchase or receive bulk merchandise pallets marked with an indicia of ownership from any person or entity other than the indicated owner. For purposes of this section, “indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the merchandise pallet that reasonably identifies the owner.

(b) (1) If the seller is not the indicated owner, a junk dealer or recycler may purchase or receive bulk merchandise pallets only if the seller or transferor provides a one of the following:

(A) A receipt from the indicated owner verifying the seller’s current ownership or a ownership.

(B) A document indicating that the seller or transferor is authorized by the indicated owner to sell or transfer the merchandise pallets. Copies

(2) Copies of these documents shall be maintained by the junk dealer or recycler as part of the written record of the transaction.

(c) For a single purchase transaction involving five or more bulk merchandise pallets marked with indicia of ownership where the seller is not the indicated owner, the junk dealer or recycler shall make payment only by a check mailed to the address shown on the driver’s license or other government-issued photo identification provided by the seller or by cash or check collected by the seller on or after the third business day following the date of the transaction.

(d) Nothing in this section prohibits a junk dealer or recycler from acquiring good faith possession of merchandise pallets based on the representations of the seller that the indicated owner cannot be located or has failed to retrieve the merchandise pallets on a timely basis. A junk dealer or recycler who acquires good faith possession may require payment of reasonable storage fees for the merchandise pallets if the indicated owner demands a return within 35 calendar days after the junk dealer or recycler acquired good faith possession. After 35 calendar days, the owner shall be deemed to have relinquished possession of the merchandise pallets, at which time the junk dealer or recycler may either sell the pallets or charge reasonable storage fees if the indicated owner demands a return and the pallets are still in the possession of the junk dealer or recycler.

(d)

(e) For purposes of this section, “bulk the following definitions apply:

(1) “Bulk merchandise pallets” means plastic or wood containers, carriers, or holders used by a manufacturer or distributor for bulk transport of merchandise to wholesale or retail outlets.

(2) “Indicia of ownership” means words, symbols, or registered trademarks printed, stamped, etched, attached, or otherwise displayed on the exterior surface of the merchandise pallet that reasonably identifies the owner.