Plain English Breakdown
The official text states penalties are per day, but does not specify a maximum total cap for these new administrative fines.
AB-2462: Rules and Penalties for Disposing Unsafe Products
This bill changes the definition of a manufacturer to include brand owners, expands who must receive free disposal services for unsafe products, and increases fines while creating new state accounts for penalty funds.
What This Bill Does
- Changes the legal definition of 'manufacturer' to include anyone who makes a product or owns/licenses its brand name.
- Requires manufacturers to pay for safe return or disposal so it costs nothing for consumers, retailers, recycling centers, municipal facilities, solid waste facilities, household hazardous waste collection sites, and thrift stores.
- Increases penalties from up to $1,000 per violation to an administrative penalty of $2,500 per day, or $5,000 per day if the violation was intentional or knowing.
- Gives the Department of Resources Recycling and Recovery power to issue these fines after establishing a process that includes an informal hearing.
- Creates two new state accounts: one for general product recall penalties managed by the recycling department, and another for hazardous waste products managed by the toxic substances control agency.
Who It Names or Affects
- Manufacturers who make products or own/license the brand name under which they are sold.
- Consumers, retailers, thrift stores, recycling centers, municipal facilities, solid waste facilities, and household hazardous waste collection sites that handle unsafe product returns.
- The Department of Resources Recycling and Recovery and the Department of Toxic Substances Control.
Terms To Know
- Manufacturer
- A person who makes a product or owns/licenses the brand name under which it is sold.
- Administrative penalty
- A fine issued by a government agency, such as CalRecycle, rather than through court proceedings.
Limits and Unknowns
- Money collected in the new accounts can only be spent if the Legislature approves it.
- The specific rules for how penalties are assessed and hearings work must still be written by the department before they take effect.
- The bill does not specify an effective date.