Waivers
Cal. PRC § 42330
California Statutes
(
a) The board shall grant a waiver from the postconsumer material content requirement of subdivision (
a) of
Section 42310, but not from any other requirement of
Section 42310, if the board finds one or more of the following:
(1) The rigid plastic packaging containers cannot meet the postconsumer material requirements of subdivision (
a) of
Section and remain in compliance with applicable provisions of regulations adopted by the Food and Drug Administration or other state or federal laws or regulations.
(2) It is technologically infeasible to use rigid plastic packaging containers that achieve the postconsumer material requirement of subdivision (
a) of
Section 42310. (
b) The board shall grant a waiver from all of the requirements of
Section if the board finds either of the following:
(1) Less than percent of the single-family homes in the state on and after January 1, 1994, have curbside collection programs that include beverage container recycling.
(2) At least percent, by number, of a manufacturer’s rigid plastic packaging containers sold or offered for sale in the state in the current calendar year achieve the postconsumer material requirements of subdivision (
a) of
Section and all of the manufacturer’s rigid plastic packaging containers will comply with the requirements of
Section on or before January 1, 1996. (
c) The board shall grant a one-year waiver from all of the requirements of