Weights and measures: beverage containers: redemption value.

Existing law makes it unlawful for a person, at the time of sale of a commodity, to charge an amount greater than the price that is advertised, posted, marked, displayed, or quoted for the commodity. Existing law requires the Department of Food and Agriculture and each county sealer to enforce these provisions. A violation of provisions governing weights and measures is a misdemeanor, except as otherwise provided. Existing law, the California Beverage Container Recycling and Litter Reduction Act, requires a beverage distributor to pay a redemption payment in a specified amount for every beverage container sold or offered for sale in the state to the Department of Resources Recycling and Recovery, for deposit in the California Beverage Container Recycling Fund. The act authorizes a dealer, as defined, to separately identify the amount of any redemption payment on the customer cash register receipt provided to the consumer by the dealer that is applied to the purchase of a beverage container. This bill would prohibit a dealer from charging an amount for a redemption payment for a beverage container that is greater than the amount set forth in the act. The bill would provide that a violation of this provision is an infraction punishable by a fine of not more than $100 when the overcharge is $1 or less. Because a violation of this provision would be a crime, this bill would create a state-mandated local program. In a specified report required to be submitted to the Department of Food and Agriculture, the bill would require a sealer to separately report any action taken to enforce this provision that results in a penalty being levied for a violation of the provision. This bill would require the Department of Resources Recycling and Recovery to notify the Department of Food and Agriculture of any changes to the California Beverage Container Recycling and Litter Reduction Act, or regulations issued pursuant to the act, that affect refund values, redemption payments, or the responsibilities of a dealer. 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.