1. (a) Applications for exemptions pursuant to this article may request that the exemption be applicable to an entire class of products or covered materials having certain characteristics in common. The class must be clearly defined according to the combination of characteristics that justify the exemption, so that items to which the exemption would apply are readily distinguishable from those to which it would not apply. The Department shall deem the exemption to apply to such class if the application's justification for the exemption necessarily applies to all products or covered materials within the class.
2. (b) If the Department determines that an application asserts a justification that necessarily applies to a class of products or covered materials, the applicant shall be required to amend the application to cover such class as described in subdivision (a).
3. (c) An exemption for a class of products or covered materials may not necessarily cover all covered materials in a particular covered material category.
4. (d) When granting a class-wide exemption, the Department may supplement or modify the definition of the class set forth in the application to ensure that it clearly identifies the items to which it applies and distinguishes them from the items to which it does not apply.
5. (e) A class-wide exemption shall apply to all products or covered materials within the class, regardless of whether the products or covered materials were in existence when the Department issued the exemption.
6. (f) The Department shall publish on its website all issued exemptions that apply to classes of products or covered materials.
7. (g) The provisions of this article concerning expiration, renewal, and termination of exemptions apply to an exemption for a class of products or covered materials, except that an Independent Producer of the exempted covered material may request that the exemption be renewed by submitting a new application meeting the applicable requirements of this article, regardless of whether it had submitted the application on which the exemption was originally based.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42040, 42041, 42050, 42051, 42051.1, 42057, 42060 and 42061, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).