Section 17972 - Failure to Meet Goals(a) I am a consumer of newsprint. What happens if I cannot meet the recycled-content newsprint use requirements for any reporting period? If you cannot meet the recycled-content newsprint use requirements for any reporting period, you must give the specific reasons why you did not meet them when you file your certification for that reporting period. There are only three acceptable reasons, pursuant to Public Resources Code section 42773, for not meeting the recycled-content newsprint use requirements:
1. The recycled-content newsprint did not meet the quality standards established by the Board as defined in Section 17964 of this Article;2. The recycled-content newsprint was not available at a comparable price, as defined in Section 17966 of this Article, to that for newsprint which is not recycled-content newsprint; or3. The particular grade of recycled-content newsprint would not have been available in a reasonable time as defined in Section 17968 of this Article.(b) I was not able to meet the recycled-content newsprint use requirements for a reporting period. In my certification, I am going to use one of the reasons listed above to explain why I did not meet the requirements for recycled-content newsprint use. What steps do I have to take to make this certification in good faith? To make this certification in good faith, you must provide documentation, as described in Public Resources Code section 42773, showing that you contacted newsprint suppliers for the purpose of obtaining recycled-content newsprint. You must list all newsprint suppliers with whom you had purchase discussions, or producers that offered to sell you recycled-content newsprint within the preceding twelve months, on the Board supplied Newsprint Consumer Certification Form #430 (11/00).(c) I was not able to meet the recycled-content newsprint use requirements for a reporting period. What records do I have to keep to document my claim? 1. If you claim that you did not meet the recycled-content newsprint use requirements because recycled-content newsprint was not available at a comparable price to newsprint which is not recycled-content newsprint, you must keep invoices for the newsprint you purchased for your use and copies of the quoted prices which you received for recycled-content newsprint during that particular reporting period.2. If you claim that you did not meet the recycled-content newsprint use requirements because the recycled-content newsprint did not meet the comparable quality standards during a particular reporting period, it is your responsibility to document your claim. Examples of documentation include, but are not limited to: (i) Technical specifications or a letter of certification from the manufacturer of that newsprint demonstrating that the newsprint does not meet the quality standards, or(ii) A letter of notification to the Board within two days of the date you conclude that the use requirements will not be met. The Board may conduct TAPPI tests, identified in section 17964 --Table Two of this Article, to assist you in substantiating your claim. If testing is required, the Board shall inform you of proper shipping and handling procedures for the samples based on the provisions of the particular test to be used.3. If you are a commercial publisher, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the quoted delivery times which you are claiming were unreasonable. If you are a commercial printer, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the calculations used to establish your reasonable delivery time for that grade of newsprint and the quoted delivery times which you are claiming were unreasonable.
Cal. Code Regs. Tit. 14, § 17972
1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
3. Change without regulatory effect amending subsection (b) filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
4. Change without regulatory effect amending subsections (a)2., (b) and (c)-(c)1. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760 and 42773, Public Resources Code.
1. New section filed 4-7-92; operative 4-7-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 18).
2. Amendment of subsection (b) filed 1-16-96; operative 2-15-96 (Register 96, No. 3).
3. Change without regulatory effect amending subsection (b) filed 9-14-99 pursuant to section 100, title 1, California Code of Regulations (Register 99, No. 38).
4. Change without regulatory effect amending subsections (a)2., (b) and (c)-(c)1. filed 11-17-2000 pursuant to section 100, title 1, California Code of Regulations (Register 2000, No. 46).