Mattress EPR Enforcement

[PRC section 42987(b)(1)]

Retailers that sell mattresses in or into California are required to register with an approved Mattress Recycling Organization. Currently, the Mattress Recycling Council.

[PRC section 42989.1]

The Mattress Recycling Charge must be shown as a separate line item on all invoices, receipts or equivalent billing documents provided to the final California consumer.

The Mattress Recycling Charge:

• Must be clearly visible as a line item.
• Must be consistent with the Mattress Recycling Organization Plan’s developed recycling charge.
• Must not be taxed (non-taxable item).
• Must be remitted to the Mattress Recycling Organization that the business has registered with.

[PRC section 42992]

Retailers must offer to take back (retrieve or ‘pick up’) a used mattress for no additional charge when delivering a new mattress to a final California consumer. Not offering this service can lead to penalties.

Retailers must be able to show that:

• If a mattress is delivered by the retailer or a third-party contractor, the retailer offers to take back the used mattress at the time of delivery.
• If delivered by a common carrier, the retailer offers to arrange take-back of the used mattress within 30 days of delivery.

[PRC section 42987(c)]

Mattresses that are sold, offered for sale, and distributed in California must be from manufacturers in compliance with the law. To offer mattresses for sale from manufacturers that do not appear on CalRecycle’s list of Compliant Manufacturers, Renovators, Distributors, and Brands can lead to penalties.

Retailers need to be able to:

• Provide a complete list of manufacturers and Uniform Registry Numbers (URN) of the mattresses offered for sale, including mattresses offered for sale through e-commerce websites and any other means. 
• Provide information on ‘branded’ mattresses, including the specific manufacturers of the brands or privately labeled mattresses.

CalRecycle may review additional materials when conducting a site visit.

[PRC section 42993(c)].

CalRecycle maintains a list of compliant manufacturers, renovators, distributors, and brands on its website.

Retailers that sell or distribute mattresses in California are required to monitor CalRecycle’s website to determine if the sale of a manufacturer’s mattress is in compliance with the law.

Retailers need to be able to:

• • Provide information regarding who at the business monitors CalRecycle’s website.
  • Identify the website monitored to verify accuracy.

[PRC section 42987(b)(1)]

Manufacturers that offer or sell mattresses in or into California must participate in a Mattress Stewardship Plan that has been approved by CalRecycle. 

As a manufacturer, you have options to comply:

• If your business (individually or as a collective) has greater than or equal to 35% of the volume of mattresses manufactured in the United States, you may request approval of your own Mattress Stewardship Plan.  
• If not, you must register with an approved Mattress Recycling Organization.   
• If you sell mattresses directly to final California consumers, you meet the statute definition of a retailer.  

To ensure compliance as a retailer, see the information posted for retailers. CalRecycle may request information and documentation supporting compliance with the requirements. 

[PRC section 42993(c)].

CalRecycle maintains a list of compliant manufacturers, renovators, distributors, and brands on its website.

As a manufacturer, verify that your business is listed.