1. (2) For purposes of this section, the operator of a bag drop receptacle includes an anchor recycling center operating a mobile unit that consists of one or more bag drop receptacles, a recycling center that has a bag drop receptacle onsite, or a bag drop recycling center.

   (b)(1) The operator of a bag drop receptacle is authorized to use a smartphone application, website, or other electronic means to manage transactions with consumers who seek to use the bag drop receptacle, including, but not limited to, the establishment of an account for the consumer, communicating information about the consumer's account, and transmitting payment(s) to the consumer's account.

2. (2) If the operator of a bag drop receptacle uses a smartphone application, website, or other electronic means to manage transactions with consumers who seek to use the bag drop receptacle, the operator of the bag drop receptacle is authorized to make each consumer's acceptance of terms and conditions as authorized in subdivision (a), above, a precondition to the establishment of each consumer's account by electronic means.

3. (c) If the operator of a bag drop receptacle requires consumers to accept terms and conditions in order to use the bag drop receptacle, as authorized in subdivision (a), above, the terms and conditions shall be applied to all consumers who use the service and include the following information:

   1. (1) How to use the bag drop receptacle in order to receive payment of the refund value, including acceptable bags and how to obtain and label the bags, as necessary, and any technical requirements.
   2. (2) How to use any smartphone application, website, or other electronic means the operator of the bag drop receptacle uses to manage transactions with consumers.
   3. (3) The information required to be displayed in physical signs on the bag drop receptacle or using a smartphone application, website, or other electronic means of communicating with the consumer, as specified in section 2500.2(g) for bag drop recycling centers and section 2500.5(d)(4) for mobile units that consist of bag drop receptacles.
   4. (4) A link to the department's website at https://www2.calrecycle.ca.gov/wheretorecycle/, which a consumer can use to locate an alternative recycling location.
   5. (5) Under what circumstances violation of the terms and conditions will result in the consumer's account being banned, as described in subdivision (d), below, including how long the ban will last.

4. (d) The operator of a bag drop receptacle is authorized to place restrictions on consumers for misuse of the service as follows:

   1. (1) When a consumer deposits material in excess of the weight limits set forth in section 2500.2(b), this shall result in forfeiture of the overage to the operator of the bag drop receptacle and nonpayment to the consumer of the refund value. The operator of the bag drop receptacle shall not claim refund value or other program payments on forfeited material.
   2. (2) The operator of a bag drop receptacle is authorized to refuse to redeem contaminated material or adjust downward the refund value per pound used to calculate payment by the ratio of the contamination to empty beverage containers, consistent with section 2535(e). The operator of the bag drop receptacle shall not claim refund value or other program payments on the portion of the refund value that has been reduced.

   3. (3) The following types of consumer misuse are grounds for the operator of a bag drop receptacle to ban the consumer from using the service, temporarily or permanently:

      1. (A) Abusive conduct, including, but not limited to, using another consumer's account, creating an account using false credentials, or submitting previously baled material, previously redeemed material, line breakage, rejected, or out-of-state containers.
      2. (B) Depositing contaminated or ineligible materials that pose a health and safety risk to a handler of the materials.
5. (e) Any empty beverage container material left in a bag drop receptacle by a consumer, after the operator of the bag drop receptacle has banned that same consumer from using the bag drop receptacle, shall be considered forfeit and donated by the consumer to the operator of the bag drop receptacle. The operator of the bag drop receptacle shall not claim refund value or other program payments on forfeited material.
6. (f) The operator of a bag drop receptacle shall keep records documenting the forfeiture of material placed in the operator's bag drop receptacle, including the date the material was received, either the count or the weight of the forfeited material, and the reason for forfeiture (such as exceeds weight limit, contamination, health and safety risk), for a period of five (5) years from the date the material was received by the operator of the bag drop receptacle.

7. (g) The operator of a bag drop receptacle is not required to return material, or make payment to a consumer for material, that was destroyed during a state of emergency, as defined in section 2503(a)(4), provided that both of the following conditions are met:

   1. (1) The material was destroyed by the cause of the state of emergency after being deposited into the bag drop receptacle by the consumer.
   2. (2) The operator of the bag drop receptacle maintains evidence of the declaration of the state of emergency from a government source, and notification to all impacted consumers, for a period of five (5) years following the official government declaration of the state of emergency.
8. (h) The provisions of this section do not apply to the operation or use of reverse vending machines.

(a)(1) The operator of a bag drop receptacle is authorized to require a consumer's acceptance of terms and conditions prior to allowing that same consumer to use the bag drop receptacle.

Note: Authority cited: Section 14536, Public Resources Code. Reference: Section 14538, Public Resources Code.

History

1. New section filed 8-11-2025 as an emergency; operative 8-11-2025 (Register 2025, No. 33). This action is deemed an emergency pursuant to Public Resources Code section 14536(b) and shall remain in effect until revised by the director