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DOR / DMR / Bev Dist Manuf

Definitions  

Definitions

The following terms are used to describe Distributor and Beverage Manufacturer responsibilities:

"Beverage" as defined by the California Beverage Container Recycling and Litter Reduction Act includes any of the following products in liquid, ready-to-drink form that are intended for human consumption: Beer and malt beverages; wine and distilled spirit coolers; carbonated fruit drinks; noncarbonated fruit drinks that contain any percentage of fruit juice; (e.g., Hi-C, Margarita Mix and V8 Splash); carbonated water, including soda and carbonated mineral water; coffee and tea beverages; vegetable juice in containers 16 ounces or less; noncarbonated water, including noncarbonated mineral water; carbonated and noncarbonated soft drinks and "sport" drinks.
"Beverage" does not include the following: Wine, or wine from which alcohol has been removed, in whole or part, whether or not sparkling or carbonated; one hundred percent fruit juice in containers 46 ounces or more; milk, medical food, or infant formula; any product sold in a container that is not an aluminum beverage container, a glass beverage container, a plastic beverage container, a bimetal beverage container, or a plastic pouch beverage container with a non-plastic lining (e.g., Capri Sun and Tang); any beverage container product type that is not specifically included by the Act (e.g., all flavors of Slimfast/Sweet Success/Ensure).

"Beverage Container" means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. Beverage container does not include cups or other similar open or loosely sealed receptacles.

"Clearly and Prominently" means that the redemption message is displayed so that it is easily found and read by consumers and recyclers. Each letter comprising the message is complete, legible, and cannot be readily obscured. Other factors include boldness, width, spacing, and location of lettering. The message must be distinguishable from refund messages of other states.

"Contrasting Colors" as used in reference to the redemption message lettering means a clear differentiation in hue, value, and intensity with the background on which the redemption message appears, surrounding artwork, and other nearby printed information.

"Importing" means the act of bringing into this State a filled or unfilled empty beverage container or empty beverage container component.

"Indelibly" means that the redemption message is permanently affixed on the beverage container from the point of purchase until the point of redemption and cannot be smeared or removed during regular use.

"Minimum Lettering Size" is applicable to the height of all the letters in the redemption message.

"Processing Fee" means the amount paid by beverage manufacturers to the Department pursuant to Section 14575.

"Redemption Payment" means the minimum amount paid by a distributor to the Department for every beverage container sold or transferred to a dealer.

"Wine and Distilled Spirit Coolers" means a beverage containing wine or distilled spirits to which is added concentrated or unconcentrated juice or flavoring material and containing not more than 7 percent alcohol by volume.