113200-113220

HEALTH AND SAFETY CODE
SECTION 113200-113220




113200.  As used in this article, unless the context requires
otherwise:
   (a) "Beverage" means beer or other malt beverages and mineral
waters, soda water and similar carbonated soft drinks in liquid form
and intended for human consumption.
   (b) "Beverage container" means the individual, separate, sealed
glass, metal or plastic bottle, can, jar or carton containing a
beverage.
   (c) "Flip-top container" means a metal beverage container so
designed and constructed that a part of the container is severable in
opening the containers.
   (d) "In this state" means within the exterior limits of the State
of California and includes all territory within these limits owned by
or ceded to the United States of America.
   (e) "Non-flip-top container" means a metal beverage container so
designed and constructed that no part of the container is severable
in opening the container.



113205.  On and after January 1, 1979, no person shall sell or offer
for sale in this state any metal beverage container so designed and
constructed that a part of the container is severable in opening the
container. Nothing in this section shall prohibit the sale in
California of the containers for shipment out of state.
   Any person who violates the provisions of this section is guilty
of an infraction.



113210.  The Secretary of the Resources Agency may extend permission
to a manufacturer to sell flip-top containers for one or more
periods of time for a total period not to exceed one year after
January 1, 1979. The subsequent resale of these flip-top containers
by other persons at wholesale or retail, empty or filled with
beverages at any time subsequent to January 1, 1979, shall not be a
violation of Section 113205.
   In order to be eligible for an extension of permission to sell
flip-top containers after January 1, 1979, a manufacturer shall file
a request for extension by July 1, 1978, with the Secretary of the
Resources Agency and shall accompany the request with a report that
will indicate:
   (a) The percentage of the total production of metal beverage
containers made by the manufacturer in the calendar years of 1976 and
1977, and to May 31, 1978, that were non-flip-top containers
manufactured for use within this state.
   (b) The percentage of production of metal beverage containers the
manufacturer shifted from flip-top containers to non-flip-top
containers in the calendar years 1976 and 1977, and to May 31, 1978,
for use within this state.
   (c) The projected date when all production of metal beverage
containers manufactured for use in this state will be non-flip-top
containers.
   (d) A general statement of the procedures the manufacturer is
employing to effect the changeover to production of only non-flip-top
containers for use within this state, and specific economic
information regarding the manufacturer's planned investment in
conversion to new equipment and techniques to effect the changeover
to production of only non-flip-top containers for use within this
state.
   The secretary shall make public disclosure of all reports
received.



113215.  The Secretary of the Resources Agency shall conduct
hearings upon the requests for extension prior to making decisions,
so that members of the public and manufacturers may be heard, and
shall receive evidence and make findings of fact. The secretary shall
cause public notification of the time and place of the hearings 30
days prior to each hearing.
   In order to grant an extension of permission to sell flip-top
containers after January 1, 1979, the Secretary of the Resources
Agency must make a determination that the manufacturer requesting the
extension has made good faith efforts to comply with the act, but is
unable to meet the time requirement for conversion, and that the
manufacturer will suffer severe economic hardship as a direct result
of the requirements of conversion.
   If an extension is granted, the Secretary of the Resources Agency
may require reports as often as he or she deems necessary, indicating
the progress of the manufacturer toward compliance.



113220.  There shall be no administrative appeal of the secretary's
decision regarding a request for an extension. Judicial review of the
decision of the Secretary of the Resources Agency on any request for
an extension may be made by the manufacturer. In addition, any
member of the public, without damages, at his or her own expense, has
standing to bring an action for the purpose of inquiring into the
validity of a decision of the secretary on the grounds of the abuse
of discretion where the findings are unsupported by the evidence.
This section shall not be construed to prohibit the use of any other
remedy available under any other provision of law.