Public Resources Code section 42968.70
(a)
Within 24 months of the effective date of regulations pursuant to Section 42968.1, and on or before July 1 of each year thereafter, the department shall post on its internet website a list of producers that are in compliance with this chapter. The department shall list, as appropriate, the reported brands of covered products for each producer.(b)
A producer that is not listed on the department’s internet website pursuant to subdivision (a) that demonstrates compliance with this chapter before the next list is posted by the department may either be added to the internet website or be provided a certification letter from the department stating that the producer of a covered product is in compliance with this chapter.(c)
(1)A retailer, importer, distributor, or wholesaler of a covered product shall monitor the department’s internet website to determine if a producer, brand, or covered product is in compliance with this chapter for that brand of covered product.(2)
Except as provided in subdivision (d), on and after the date a producer responsibility plan is approved by the department pursuant to Section 42968.30, a retailer, importer, distributor, or wholesaler shall not sell, distribute, offer for sale, or import a covered product in or into the state for sale in the state unless the producer of the covered product is listed as in compliance pursuant to this section for that brand and covered product.(d)
Notwithstanding paragraph (2) of subdivision (c), a retailer, importer, or distributor may sell, offer for sale, import, or distribute a covered product if, on the date the retailer or distributor sells or offers for sale the covered product in or into the state, the producer, brand, or covered product was listed as compliant on the department’s internet website.(e)
Notwithstanding paragraph (2) of subdivision (c), a retailer or distributor may, for any inventory in stock before the initial list was posted by the department pursuant to subdivision (a), sell or distribute that inventory for sale in or into the state.(f)
If the department determines a producer is not in compliance with this chapter, the department shall remove the producer from the list of compliant producers posted on the department’s internet website pursuant to subdivision (a).(g)
The department shall list on its internet website a producer, along with its brands and covered products, if the department subsequently determines that the producer is in compliance with this chapter.
Source:
Section 42968.70, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum=42968.70. (accessed May 13, 2025).