(a) Any person importing more than 25 pounds of empty aluminum, bimetal, or plastic beverage container material, or more than 250 pounds of empty glass beverage container material, into the state, shall report the material to the department and provide the department with all of the following:
(1) Documentation on the source of the material.
(2) Documentation on the destination of the material.
(3) Any other information deemed necessary by the department as it relates to the importation of empty beverage container material.
(4) An opportunity for inspection, in accordance with the regulations adopted by the department.
(b) (1) (A) In addition to inspections required by the regulations adopted by the department pursuant to subdivision (a), a vehicle entering the state that contains more than 25 pounds of empty beverage container material shall pass through the nearest plant quarantine inspection station maintained pursuant to Section 5341 of the Food and Agricultural Code, and shall obtain proof of inspection from the department.
(B) The department may enter into an interagency agreement with the Department of Food and Agriculture to implement the requirements of this subdivision.
(2) The operator of a vehicle that contains more than 25 pounds of empty beverage container material is in violation of this chapter if the operator does any of the following:
(A) Fails to stop the vehicle at a plant quarantine inspection station.
(B) Willfully avoids a plant quarantine inspection station.
(C) Fails to stop upon demand of a clearly identified plant quarantine inspection station officer, an officer of the California Highway Patrol, or an officer of a state or local law enforcement agency, when the officer orders the operator to stop for the purpose of determining whether this operator is in violation of this section.
(c) The department may impose civil penalties pursuant to Section 14591.1 or take disciplinary action pursuant to Section 14591.2 for a violation of this section.
(d) Subdivision (c) does not prohibit the imposition of a criminal penalty pursuant to subdivision (a) of Section 14591 for a violation of subdivision (b). A second or subsequent violation of subdivision (b) within three years of a prior conviction of a violation of subdivision (b) shall be punishable as a misdemeanor.
(Amended by Stats. 2012, Ch. 540, Sec. 2. (AB 1933) Effective September 25, 2012.)
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