47727.
For purposes of this chapter, the following definitions apply:(a) (1) “Approved plan” means a producer responsibility plan that has been approved by the department pursuant to Section 47740 and that has not been revoked by the department pursuant to Section 47757.
(2) A conditionally approved plan is an approved plan, except as used in Section 47740.
(3) A partially approved plan is not an approved plan.
(b) “Brand” means a name, symbol, word, or mark that identifies a covered
product rather than its components, and attributes the covered product to the owner or licensee of the brand as the producer.
(c) “Consumer” means a purchaser, owner, or lessee of a covered product, including a person, business, corporation, limited partnership, nonprofit organization, or governmental entity.
(d) “Contact information” means a name, physical address, mailing address, email address, and phone number.
(e) “Covered product” means a product that meets all the following requirements:
(1) Is flammable, toxic, ignitable, corrosive, reactive, or pressurized.
(2) Is one or more of the
following:
(A) Aerosols, cleaners, glues, solvents, oxidizers, and adhesives.
(B) Automotive products.
(C) Electronics and paint products not covered under existing statutorily required programs.
(D) Fire extinguishers with up to 50 pounds of water capacity.
(E) Degreasers, lubricants, liquid adhesives, and strippers.
(F) Gas cylinders, including nonrefillable helium, oxygen, and flammable cylinders with up to 50 pounds of water capacity, propane cylinders with up to one pound, and spray foam insulation tanks.
(G) Lamp kerosene and lighter fluid.
(H) Rust, tar, and bug remover.
(I) Fertilizers, pesticides, insecticides, herbicides, fungicides, and soil fumigants.
(J) Products containing asbestos, mercury, or polychlorinated biphenyls.
(K) Pool chemicals and photochemicals.
(L) Concrete mix containing corrosive lime.
(M) Universal waste.
waste, as defined in Section 25123.8 of the Health and Safety Code.
(3) Satisfies either of the following criteria:
(A) Meets the criteria for household hazardous waste, as defined in Section 25218.1 of the Health and Safety Code, at the time of disposal.
(B) Is defined by the department in regulations as household hazardous waste.
(4) Is neither of the following:
(A) A product that is subject to another statewide extended producer responsibility program pursuant to state law.
(B) Health and beauty
products.
(f) “Department” means the Department of
Toxic Substances Control.
(g) “Importer” means either of the following:
(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.
(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.
(h) “Participant producer” means a
producer that is registered with the PRO.
(i) (1) “Producer” means a person who manufactures a covered product and who sells, offers for sale, or distributes a covered product into the state under the person’s own name or brand.
(2) If there is no person in the state who is the producer for purposes of paragraph (1), the producer of the covered product is the owner or licensee of a brand under which the covered product is sold or distributed into the state. For purposes of this subdivision, an exclusive licensee is a person holding the exclusive right to use a brand in the state in connection with the manufacture, sale, or distribution for sale in or into the state of the covered product.
(3) If there
is no person in the state who is the producer for purposes of paragraph (1) or (2), the producer of the covered product is the person that imports the covered product into the state for sale, distribution, or installation.
(4) If there is no person in the state who is the producer for purpose purposes of paragraph (1), (2), or (3), the producer of the covered product is the distributor, retailer, dealer, or wholesaler who sells the product in or into the state.
(5) For purposes of this chapter, the sale of a covered product shall be deemed to occur in the state if the covered product is delivered to the
consumer in the state.
(j) “Producer responsibility organization” or “PRO” means an organization that is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code of 1986 that is appointed by one or more producers to act as an agent on behalf of the producers to design, submit, and administer a producer responsibility organization pursuant to this chapter.
(k) “Producer responsibility plan” or “plan” means the plan developed by a PRO for the collection, transportation, and the safe and proper management of covered products pursuant to Article 4 (commencing with Section 47740) and submitted to the department for approval pursuant to Section 47740.
(l) “Sell” or “sales” means a transfer of title of a
covered product for consideration, including a remote sale conducted through a sales outlet, catalog, internet website, online marketplace, or similar electronic means. For purposes of this chapter, “sell” or “sales” includes a lease through which a covered product is provided to a consumer by a manufacturer, wholesaler, or retailer.