Producer Responsibility
Cal. PRC § 42055
California Statutes
(
a) Except as provided in subdivision (c), an action specified in subdivision (
b) that is taken by a PRO or its participants is not a violation of the Cartwright Act (Chapter 2 (commencing with
Section 16700) of Part of Division of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with
Section 17000) of Part of Division of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with
Section 17200) of Part of Division of the Business and Professions Code). (
b) Subdivision (
a) shall apply to all of the following actions taken by a PRO or its participants:
(1) The creation, implementation, or management of a plan approved by the department pursuant to this
chapter and the types or quantities of covered material managed pursuant to an approved plan.
(2) The cost and structure of an approved plan.
(3) The establishment, administration, collection, or disbursement of any fees associated with funding the implementation of this chapter. (
c) Subdivision (
a) shall not apply to an agreement that does any of the following:
(1) Fixes a price of or for covered material, except for an agreement related to costs or fees associated with participation in a plan approved or conditionally approved by the department and otherwise in accordance with this chapter.
(2) Fixes the output or production of covered material.
(3) Restricts the geographic area in which, or customers to whom, covered material will be sold, or where or by whom covered material may be purchased.