Code Section

Public Resources Code - PRC

DIVISION 30. WASTE MANAGEMENT [40000 - 49654]

  ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. )
  

PART 3. STATE PROGRAMS [42000 - 42999.7]

  ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. )
  

CHAPTER 21. Used Mattress Recovery and Recycling Act [42985 - 42994]

  ( Chapter 21 added by Stats. 2013, Ch. 388, Sec. 1. )
  

ARTICLE 7. Retailer Used Mattress Take-back [42992- 42992.]
  ( Article 7 added by Stats. 2013, Ch. 388, Sec. 1. )

  
42992.  

(a) Except as provided in subdivision (d), on and after July 1, 2014, a retailer shall offer a consumer the option to have a used mattress picked up for recovery at the time of delivery, at no additional cost to the consumer, if a new mattress is delivered to the consumer.

(b) A retailer may contract out to a third party for the delivery of a new mattress or pickup of a used mattress.

(c) A retailer is not prohibited from charging the consumer for the cost of the delivery of a new mattress.

(d) A retailer or third-party contractor delivering a new mattress may refuse to pick up a used mattress from a consumer if the retailer or contractor determines the used mattress is contaminated and poses a risk to personnel, new products, or equipment.

(e) A common carrier delivering a new mattress to a consumer as a result of an online purchase is not required to pick up a used mattress for recovery.

(f) On and after January 1, 2021, if a new mattress is delivered to a consumer by common carrier, including, but not limited to, as a result of an online purchase, the retailer of that mattress shall offer to arrange to pick up a used mattress for recycling from that consumer within 30 days of the delivery of the new mattress, subject to subdivision (d).

(Amended by Stats. 2019, Ch. 673, Sec. 16. (AB 187) Effective January 1, 2020.)