Section 17988.3 - Submittal and Resubmittal of a Proof of Certification(a) A reusable grocery bag producer shall submit a proof of certification to the Reusable Grocery Bag Reporting System for each type of reusable grocery bag that it manufactures, imports, sells, or distributes and that is provided to a store in the state for sale or distribution at the point of sale. The proof of certification shall have been completed by a third-party certification entity within three months prior to the date it is submitted to the department and it shall include an accreditation number confirming the third-party certification entity is an accredited ISO/IEC 17025 laboratory or an ISO/IEC 17065 certification body.(b) A proof of certification, completed by a third-party certification entity, shall be printed in English and shall include documentation to verify that a reusable grocery bag meets each requirement specific to the reusable grocery bag material type, including, but not limited to:(1) Compliance with the requirements of section 42281 of the Public Resources Code, including identification of the test methods used, corresponding test results for the reusable grocery bag, and the following, as applicable: (A) Test results for all inks, dyes, pigments, decals, or other methods used in the decoration of a reusable grocery bag pursuant to section 42281(a)(5) of the Public Resources Code. A proof of certification may include test results for a suite of inks (e.g., cyan, magenta, yellow, and key), dyes, pigments, decals, or other methods that may be used in any variation or combination for the decoration of a type of reusable grocery bag and would constitute an aesthetic change.(B) Images of the complete front, back, and gusset of the reusable grocery bag that clearly show the handles, style of bag, and the colors of inks, dyes, pigments, decals, or other images printed on the bag. A reusable grocery bag producer may submit images of aesthetic changes made to a certified reusable grocery bag.(C) Images of the reusable grocery bag or affixed tags that demonstrate the labeling requirements specified in sections 42281(a)(4) and 42281(b)(1)(D) of the Public Resources Code. The text for these labelling requirements shall be printed in English, legible, and may include more than one phrase or sentence.(D) Pursuant to Public Resources Code section 42281(b)(1), the percentage of postconsumer recycled material and the numbers used in the equation to calculate that percentage. The percentage of postconsumer recycled material shall be determined for each type of reusable grocery bag using the following equation: Percent PCR = WPCR/(WRGB x NRGB)
where:
WPCR = the total weight in pounds of postconsumer recycled material used in each type of reusable grocery bag
WRGB = the weight in pounds of the specific type of reusable grocery bag
NRGB = the number of reusable grocery bags distributed in California for each type of reusable grocery bag
(2) Compliance with the requirements of section 42281.5 of the Public Resources Code, including, but not limited to: (A) Invoices containing the supplier's name, location, contact information, date(s), quantities, and type of postconsumer recycled material (e.g. low density polyethylene) purchased during the preceding 24 consecutive months.(B) A table summarizing the names, locations, and total quantities (pounds) of postconsumer recycled material purchased from each supplier during the preceding 24 consecutive months. The table shall include a description for each supplier's source (e.g. irrigation pipe, hoop housing, bags), location, and contact information of the postconsumer recycled material.(C) Images and diagrams of the equipment and a description of the process of how the postconsumer recycled material is cleaned to remove physical and/or chemical contaminants using the appropriate washing equipment.(c) On a biennial basis, a reusable grocery bag producer shall resubmit a proof of certification to the Reusable Grocery Bag Reporting System for each type of reusable grocery bag that it manufactures, imports, sells, or distributes in the state that includes all of the applicable information specified in subdivisions (a) and (b), and as follows: (1) A proof of certification for a reusable grocery bag shall be completed by a third-party certification entity within three months prior to the date the proof of certification is submitted to the department.(2) A proof of certification for a reusable grocery bag may be resubmitted if no modifications, other than aesthetic changes, have been made to a previously certified reusable grocery bag. Modifications include anything that may alter compliance with requirements of section 42281 and section 42281.5 of the Public Resources Code. Modifications that may require recertification include, but are not limited to, changes in washing methods or equipment, changes in suppliers of inks, dyes, pigments, decals or other methods printed on the bag, or changes in suppliers of postconsumer recycled material.(d) A reusable grocery bag producer shall label or identify any portions of its proof of certification it believes are confidential or proprietary that it wants the department to maintain as confidential pursuant to section 17988.7. Proofs of certification submitted to the department shall not contain redactions. Any portion(s) of a proof of certification that are not labelled or identified as confidential shall be deemed a public document.Cal. Code Regs. Tit. 14, § 17988.3
1. New section filed 7-17-2019; operative 7-17-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 29).
2. Change without regulatory effect amending subsection (a) filed 1-24-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 4). Note: Authority cited: Sections 40401 and 40502, Public Resources Code. Reference: Sections 42281, 42281.5 and 42282, Public Resources Code.
1. New section filed 7-17-2019; operative 7/17/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 29).