Plastic Bulk Merchandise Containers: proof of ownership., the official text

An act to amend Section 22755 of the Business and Professions Code, relating to business regulation.

LEGISLATIVE COUNSEL'S DIGEST

Existing law requires any person or entity purchasing or transporting plastic bulk merchandise containers, as defined, who is in the business of recycling, shredding, or destruction of plastic bulk merchandise containers to obtain a proof of ownership record or bill of lading from a person selling or delivering 5 or more plastic bulk merchandise containers, and to also verify the seller’s identity, as provided.
Existing law requires the proof of ownership record to include specified information, including, among other information, the name, address, telephone number, and signature of the seller or the seller’s authorized representative. Violation of these provisions is a misdemeanor.
This bill would additionally require that the email address of the seller or seller’s authorized representative be included in the proof of ownership record. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 22755 of the Business and Professions Code is amended to read:
22755.
(a) For purposes of this section, “plastic bulk merchandise container” means a plastic crate or shell used by a product producer, distributor, or retailer, or an agent of the product producer, distributor, or retailer as a means for the bulk transportation, storage, or carrying of retail containers of milk, eggs, or bottled beverage products.
(b) Any person or entity purchasing or transporting plastic bulk merchandise containers, who is in the business of recycling, shredding, or destruction of, or in the business of transporting for the purpose of recycling, shredding, or destruction of, plastic bulk merchandise containers, shall obtain a proof of ownership record or bill of lading from a person selling or delivering five or more plastic bulk merchandise containers that shows that the person selling or delivering the containers has lawful possession or ownership of the containers, and shall also verify the seller’s identity by a driver’s license or other government-issued photo identification. The proof of ownership record shall include all of the following information:
(1) The name, address, telephone number, email address, and signature of the seller or the seller’s authorized representative.
(2) The name and address of the buyer or consignee if not sold.
(3) A description of the product including number of units.
(4) The date of transaction.
(c) The information required to be collected by this section shall be kept for one year from the date of purchase or delivery, whichever is later.
(d) Any person who violates the provisions of this section is guilty of a misdemeanor.

SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.