§ 42993
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/ca/public-resources-code/42993A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)On or before March 1 of each year, the department shall post on its internet website a list of manufacturers, renovators, and distributors that are in compliance with this chapter.
(b)A manufacturer, renovator, or distributor that is not listed on the department’s internet website pursuant to this section, but demonstrates compliance with this chapter before the next notice is required to be posted pursuant to this section, may request a certification letter from the department stating the manufacturer, renovator, or distributor is in compliance. The manufacturer, renovator, or distributor that receives the letter shall be deemed to be in compliance with this chapter.
(c)A retailer that distributes or sells a mattress shall monitor the department’s internet website to determine if a manufacturer or renovator is in compliance with this chapter. A retailer otherwise in compliance with this chapter shall be deemed in compliance with the chapter if, on the date the retailer ordered or purchased a mattress, or within 120 calendar days before or after that date, the manufacturer or renovator was listed as compliant on the department’s internet website.
(d)A retailer may sell or distribute the existing stock of its inventory through sales to the public if the existing stock was purchased when the manufacturer or renovator was in compliance with the requirements of this chapter at the time when the retailer initially purchased that stock.
(e)The sale, distribution, or offering for sale, of any existing inventory in stock prior to the commencement of the collection of the mattress recycling charge pursuant to this chapter shall be deemed to be in compliance with this chapter.
(f)If the department determines a manufacturer, renovator, or distributor is not in compliance with this chapter, the department shall remove the manufacturer, renovator, or distributor from the department’s internet website pursuant to this section and the manufacturer, renovator, or distributor shall not sell a mattress in the state until the department determines the manufacturer, renovator, or distributor is in compliance with this chapter.