| FAQ Frequently Asked Questions (FAQ)
AB 3056 Frequently Asked Questions
Do I need to be registered as a Beverage Manufacturer and/or Beverage Distributor?
Distributors and manufacturers of beverages covered by the California Beverage Container Recycling and Litter Reduction Act (PRC 14550 (b)) are required to make redemption and/or processing fee payments to the Division of Recycling (Division). The Division issues an identification number and monitors monthly reports from distributors and beverage manufacturers for compliance with the law. Call the Division directly to see if you are required to report at (916) 323-1837.
Who is a Distributor?
The California Beverage Container Recycling and Litter Reduction Act (Act) lists a distributor as any person who engages in the sale of beverages in beverage containers to a dealer (retailer) or consumer in California, including any manufacturer who engages in these sales. Distributor also includes any person who imports beverages from outside of California for sale to dealers or consumers in California. (PRC14511)
What is the amount of the administrative fee for distributors?
Effective October 1, 2006 (October 2006 reporting period), the administrative fee (admin fee) has increased from 1% to 1.5%. All distributors should now subtract and retain 1.5% of the California Redemption Value (CRV) reported on the Distributor Report (DR-3) beginning with beverage sales in October 2006. Annual reporters for 2006 should submit at least two (2) DR-3 forms. The first form should report sales from January through September 2006 subtracting a 1% admin fee and the second form should report sales from October through December 2006 subtracting a 1.5% admin fee. Please continue to use the forms you currently have (cross out the 1% and write in 1.5%) until your supply is depleted. You may order additional DR-3 forms from IKON Office Solutions by phone at (916) 852-1010 or by fax at (916) 638-0909.
What is the CRV amount the beverage distributor pays to the Department?
The current redemption payment amounts made by distributors are 4¢ for beverage containers under 24 oz. and 8¢ for containers 24 oz. and greater through June 30, 2007. (Beginning July 1, 2007, if an overall recycling rate of 75% has not been achieved for calendar year 2006, the redemption payment amounts (CRV) will change to 5¢ for a beverage container under 24 oz. and 10¢ for a container 24 oz. and greater).
Who is a Beverage Manufacturer?
The Act lists a beverage manufacturer as any person who bottles, cans, or otherwise fills beverage containers, or imports filled beverage containers into California, for sale to distributors or dealers. (PRC14506)
How much are the processing fees for Beverage Manufacturers?
Processing fees vary depending upon the beverage container material type. For the most current rates, refer to the Historical Reporting Rates sheet. AB 3056 reduces to zero for a 12-month period (Jan ‘07 – Dec ’07) the processing fee for beverage container material types that have a recycling rate of 40 percent or greater (Glass, Plastic #1 & Plastic #2). For a beverage container material type that does not have a 40 percent or greater recycling rate (Plastic #3,4,5,6,7 & Bi-metal), the Division will calculate a processing fee for 2007. A notice announcing the 2007 processing fees will be available December 2006.
Why does the CRV message have to be in all caps on the beverage container label?
It doesn’t; however, the minimum lettering height requirements apply to all letters in the message. If you're using upper and lower case letters, both have to meet the minimum height, not just the upper case letters.
What is a secondary label?
Any label, other than the main body label, such as a neck or back label.
Where are reports sent?
All Beverage Manufacturer Reports (DR-4) and Distributor Reports (DR-3) should be sent to: IKON-Office Solutions, P.O Box 277820, Sacramento, CA 95827
Do I have to report every month?
Yes; however, subject to approval by the Division, distributors may report and pay on an annual basis if their projected redemption payments (CRV) for a calendar year total less than $50,000.00. Beverage manufacturers may report and pay on an annual basis if their projected processing fee payments for a calendar year total less than $10,000.00.
Where can I order more forms?
Send a written request, which must include your identification number(s) and address, to: IKON-Office Solutions, P.O. Box 277937, Sacramento, CA 95827 Attn: PRPS Order Department or call: (916) 852-1010 or by fax at (916) 638-0909.
How can I contact the Division?
To get more information about requirements for beverage distributors and beverage manufacturers:
Write to:
Department of Conservation
Division of Recycling
801 K Street, MS 15-29
Sacramento, CA 95814-3533
Or Call: (916) 323-1835 Fax: (916) 327-2787
What other California agencies should I contact?
- Department of Alcoholic Beverage Control (ABC)
Business Practices Unit
3927 Lennane Drive, Suite 100
Sacramento, CA 95834
(916) 419-2500
Manufacturers of beer and other malt beverages are required to submit their product label to the ABC prior to its sale in California to determine if the product complies with specific content labeling requirements.
- California Integrated Waste Management Board (CIWMB)
1001 I Street
Sacramento, CA 95814
(916) 341-6000
Senate Bill 235 (Chapter 769, Statutes of 1991) was passed in October 1991. It requires every rigid plastic packaging container, as defined, sold or offered for sale in the State to meet specified criteria commencing January 1, 1995.
- Environmental Health and Hazard Assessment (OEHHA)
Proposition 65 Implementation
1001 I Street, 12th. Floor
Sacramento, CA 95814
(916) 445-6900
Proposition 65 passed as a ballot measure in November 1986. It requires warnings for exposure to chemicals known to the State, which cause cancer or reproductive toxicity. For alcoholic beverages, including beer and malt products, warnings must be provided at the point of sale.
- Department of Health Services (DHS)
Food and Drug Branch
PO Box, MS7602
Sacramento, CA 94234-7320
(916) 650-6500
The Food and Drug Branch licenses all water bottling plants and bottled water products distributed in California. If you produce bottled water, you must contact the Food and Drug Branch to obtain a license to distribute it in California. License fees depending on production quantities.
Other States with Recycling Programs are:
- Connecticut
Department of Environmental Protection Environmental Review Section
79 Elm Street
Hartford, CT 06106-5127
(860) 424-3241
- Delaware
Department of Natural Resources & Environmental Control
Solid Waste Branch
89 Kings Highway
Dover, DE 19901
(302) 739-4403
- Florida
Department of Environmental Protection
Division of Waste Management
2600 Blairstone Road
Tallahassee, FL 32399-2400
(850) 245-8705
- Hawaii
Department of Health
Solid & Hazardous Waste Branch
1250 Punchbowl Street
Honolulu, Hawaii 96813
(808) 586-4226
- Iowa
Department of Natural Resources
Wallace State Office Building
502 East 9th Street
Des Moines, IA 50319-0034
(515) 281-8941
- Maine
Department of Agriculture
Division of Regulations
Deering Building
State House Station 28
Augusta, ME 04333-0028
(207) 287-3841
- Massachusetts
Department of Environmental Protection
Division of Consumer Programs & Transportation
1 Winter Street, 9th Floor
Boston, MA 02108
(617) 292-5960
- Michigan
Michigan Liquor Control Commission
P.O. Box 30005
7150 Harris Drive
Lansing, MI 48909
(517) 322-1390
- New York
Department of Environmental Conservation
Division of Solid and Hazardous Materials
50 Wolf Road, Room 212
Albany, NY 12233-7253
(518) 457-7337
- Oregon
Waste Reduction Office
811 SW 6th Avenue
Portland, OR 97204
(503) 229-5253
- Vermont
Waste Management Division
103 South Main Street, West Building
Waterbury, VT 05671-0407
(802) 241-3445
The requirements listed above do not cover every aspect of the law. It is the responsibility of the beverage manufacturer and distributor to read and understand the statute and all applicable regulations. Failure to comply with the statute (Act) and/or regulations may result in fines and possible civil penalties. If you need clarification, please call the Client Services Section at (916) 323-1835.
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