The information provided on this page is an overview of the Rigid Plastic Packaging Container (RPPC) law and regulations; it does not replace the requirements specified within them. Always refer to the full text of the regulations and Statute, to ensure full compliance.
Product Manufacturer Violations and Penalties
CalRecycle reviews a percentage of the registered product manufacturers to verify the information and compliance with the law to ensure that product manufacturers are complying with the applicable RPPC program. Non-compliant product manufacturers may be assessed penalties.
Any violation of the RPPC program is a public offense and is punishable by a fine not to exceed $100,000. In addition, violators may be subject to civil penalties of up to $50,000 per violation. Total penalties cannot exceed $100,000 annually. Violations can include, but are not limited to: late or nonsubmittal of any phase of the certification process; submittal of incomplete and/or inaccurate certifications; container compliance option violations; and/or submittal of false or misleading information.
Individual product manufacturers and container manufacturers can be found in violation. Product manufacturer violations can include, but are not limited to: late or non-submittal of any phase of the certification process; submittal of incomplete and/or inaccurate certifications; container compliance option violations; and/or submittal of false or misleading information.
Container manufacturers that provide product manufacturers with false or misleading information can be found in violation of the RPPC law. The container manufacturer will be subject to the same penalties and fines that are imposed upon product manufacturers should CalRecycle determine that a container manufacturer provided false or misleading information.
In addition to CalRecycle’s issuance of fines and penalties, submittal of false or misleading compliance certifications may result in a referral to the Attorney General for prosecution for fraud.
A complete history of past penalties assessed to date can be found below.
Penalty Assessments
Late or Nonsubmittals
All three 3 phases of the certification process are subject to penalties. If a product manufacturer fails to respond by the due date outlined in the certification cycle notice, the following penalties can be assessed.
| Days Late | Penalty Amount |
|---|---|
| 1–30 | $1,000 |
| 31–60 | $5,000 |
| More than 60 (Considered nonresponsive) | Up to $50,000 |
Information You Need to Know...
- RPPC Regulations (effective January 1, 2013)
- (Complying With the RPPC Law, Examples of RPPCs, and more…)
- Product Manufacturer Registration
To avoid penalties, an extension of up to 30 days can be requested. The request for an extension must be received prior to the due date specified in the certification notice.
Incomplete/Inaccurate Certifications
Product manufacturer that submit an incomplete or inaccurate certification may be found non-compliant. Examples of incompleteness or inaccuracies include, but are not limited to:
- Misreporting exemptions
- Failure to account for all products
- Failure to account for subsidiaries and divisions
- Lack of container manufacturer’s verification of number of containers sold or weight of containers
- Inconsistencies in information between product manufacturer and container manufacturer
- Lack of signatures
- Mathematical inaccuracies
This type of violation is subject to a penalty ranging between $1,000 and $50,000 in addition to civil penalties of up to $50,000 per violation. The penalty is determined by degree of non-compliance. CalRecycle will calculate penalties using reported data and the formulas found in 14CCR Section 17949 (e).
Container Compliance Option Violations
If a product’s RPPC does not comply with a claimed container compliance option, the product manufacturer may be found non-compliant. A violation of this type is subject to a penalty ranging between $5,000 and $50,000 in addition to civil penalties of up to $50,000 per violation. The penalty is determined by degree of non-compliance. CalRecycle will calculate penalties using reported data and the formulas found in 14CCR Section 17949 (e).
Submittal of False or Misleading Information
Product manufacturer or container manufacturer submitted false or misleading information can be found in violation. A violation of this type is subject to a penalty up to $100,000 in addition to referral of the case to Attorney General for prosecution for fraud. CalRecycle will calculate penalties using reported data and the formulas found in 14CCR Section 17949 (e).
Public Notice of Violations (14CCR Section 17949 (c))
On or before July 1, CalRecycle publishes the fines and penalties that have been levied for the specific certification period.
Select the applicable certification period to see the penalties assessed.
2006-2012: Compliance certifications not conducted.
2005 RPPC Certification Cycle Penalties
| Company Name | Agreement Number | Type of Penalty | Amount of Penalty |
|---|---|---|---|
| PETCO Animal Supplies | No agreement executed. | Container Violation | $42,025.23 |
| Office Max | No agreement executed. | Container Violation | $34,350.61 |
| Sony Corporation | No agreement executed. | Container Violation | $50,000.00 |
| Total: $126,375.84 |
2002-2004: Compliance certifications not conducted.
2001 RPPC Certification Cycle Penalties
| Company Name | Agreement Number | Type of Penalty | Amount of Penalty |
|---|---|---|---|
| Food for Less | IWMA 05-2005-07 RPPC | Late Certification | $1,000.00 |
| Golden Artist | IWMA 05-2005-08 RPPC | Container Violation | $5,000.00 |
| Henkel Corporation | IWMA 05-2005-10 RPPC | Container Violation Inaccurate Certification | $1,439.23 $5,000.00 |
| Office Max | IWMA 05-2005-15 RPPC | Container Violation | $40,259.16 |
| PETCO Animal Supplies | IWMA 05-2005-17 RPPC | Late Certification Container Violation | $5,000.00 $8,410.62 |
| Rite-Aid Corporation | IWMA 05-2005-18 RPPC | Late Certification | $1,000.00 |
| Sony Corporation | IWMA 05-2005-22 RPPC | Container Violation | $50,000.00 |
| Walgreen Company | IWMA 05-2005-27 RPPC | Late Certification | $4,000.00 |
| Total: $121,109.01 |
1997, 1998, 1999, 2000 RPPC Certification Cycle Penalties
| Company Name | Agreement Number | Type of Penalty | Amount of Penalty |
|---|---|---|---|
| Beacon | IWMA 11-2000-01 RPPC | Inaccurate Certification Container Violation | $11,859.00 |
| Holmes Group | IWMA 11-2000-02 RPPC | Container Violation Inaccurate Certification | $15,000.00 $25,000.00 |
| ITW Dymon | IWMA 05-2005-30 RPPC | Container Violation Inaccurate Certification | $15,000.00 $1,000.00 |
| Total: $67,859.00 |
For more information contact: Rigid Plastic Packaging Containers, RPPC@calrecycle.ca.gov.