California § 42989.1 - Commencing 90 days after the date the department approves the budget pursuant to

§ 42989.1. Commencing 90 days after the date the department approves the budget pursuant to

(a) Commencing 90 days after the date the department approves the budget pursuant to Section 42988.1, each manufacturer, renovator, retailer, or distributor that sells a mattress to a consumer or to the ultimate end user of the mattress in the state shall add the charge to the purchase price of the mattress. The charge shall be clearly visible on the invoice, receipt, or functionally equivalent document by the seller to the consumer as a separate line item. (b) Notwithstanding subdivision (a), a distributor, retailer, or seller may directly pay the applicable charge to the mattress recycling organization on behalf of the consumer or ultimate end user of the mattress if the distributor, retailer, or seller enters into a written agreement with a mattress recycling organization to remit the charge directly to the mattress recycling organization on behalf of the consumer. The distributor, retailer, or seller may, but is not required to, make the charge clearly visible on the invoice, receipt, or in a functionally equivalent document. (c) A distributor, retailer, or seller shall be responsible for educating the consumer or the ultimate end user of the mattress in the state as provided under subdivision (n) of Section 42987.1. (d) The charges collected pursuant to this section shall be remitted to the mattress recycling organization in accordance with procedures established by the mattress recycling organization. (e) For purposes of this section, “functionally equivalent document” means a document provided by a distributor, retailer, or seller to a consumer from the mattress recycling organization that includes information about the recycling charge and options available to consumers for the free dropoff or collection of used mattresses.