(a) Each manufacturer, distributor, and retailer of small containers of automotive refrigerant must retain invoices for a period not less than 5 years that show the manufacturer, distributor, or retailer name, business name, physical address, contact name, telephone number, fax number, e-mail address, web site address, sale date, and the quantity of small containers of automotive refrigerant purchased or sold.(b) Each retailer of small containers of automotive refrigerant must maintain records on a manufacturer-specific basis for a period not less than 5 years, and must provide such records to CARB upon request that document, on a calendar year basis: (1) the amounts of deposits collected under section 95366(a)(1) that are not returned or refunded to consumers under section 95366(a)(3), and(2) the amounts of deposits collected under section 95366(a)(1) that are not returned or refunded to consumers under section 95366(a)(3), that are transferred to manufacturers or their designees under section 95366(a)(4).(c) Each recovery facility must maintain records for a period not less than 5 years that show the number of small containers received, and from whom they were received.(d) Each recovery facility must maintain records for a period not less than 5 years that show the quantity of automotive refrigerant recovered, along with the quantity of that recovered refrigerant that was recycled, reclaimed, or disposed of.(e) Each manufacturer or its designee must maintain records for a period not less than 5 years that show expenditures for educational programs that it funded from unclaimed deposits.(f) On and after January 1, 2025, each manufacturer must retain records for a period not less than 5 years: (1) Results of the analysis conducted to verify that reclaimed refrigerant meets all specifications in 40 C.F.R. Part 82, Subpart F, Appendix A (Specifications for Refrigerants) (July 1, 2022), which is incorporated by reference in section 95631.(2) Documentation that supports that it has not exceeded the maximum allowable virgin refrigerant content and that shows compliance with the provisions of section 95366.2. Recordkeeping to show compliance with either the maximum allowable virgin refrigerant content or the reclaimed refrigerant requirement may include documentation from a refrigerant reclaimer such as receipts or certificates of analysis.(g) Records include copies of all invoices, books, correspondence, electronic data, or other pertinent documents in the possession or under the control of a manufacturer or its designee, distributor, or retailer that is necessary to prove compliance with the requirements of this subarticle.(h) The records specified in this section may be stored in paper, electronic, or other usable formats.(i) The records specified in this section must be provided to CARB upon request by the Executive Officer or his or her designee.Cal. Code Regs. Tit. 17, § 95369
Note: Authority cited: Sections 38501, 38505, 38510, 38560, 38560.5, 38562.2, 38566, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 38562.2, 38566, 39003, 39500, 39600 and 39601, Health and Safety Code.
Note: Authority cited: Sections 38501, 38510, 38560, 38560.5, 38580, 39600 and 39601, Health and Safety Code. Reference: Sections 38501, 38505, 38510, 38550, 38551, 38560, 38560.5, 39003, 39500, 39600 and 39601, Health and Safety Code.
1. New section filed 9-1-2009; operative 10-1-2009 (Register 2009, No. 36).
2. New subsections (b)-(b)(2), subsection relettering and amendment of newly designated subsections (e)-(f) filed 4-14-2017; operative 4/14/2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 15).
3. Amendment of subsections (a)-(b), new subsections (f)-(f)(2), subsection relettering and amendment of NOTE filed 5-17-2024; operative 7/1/2024 (Register 2024, No. 20).