Pub. Resources Code, § 42426 · Article 7. Antitrust Immunity
Pub. Resources Code, § 42426
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a program operator that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).
(b) Subdivision (a) applies to all of the following actions taken by a program operator:
(1) The creation, implementation, or management of a stewardship plan approved or conditionally approved by the department pursuant to Article 3 (commencing with Section 42422) and the determination of the types or quantities of covered batteries recycled or otherwise managed pursuant to a stewardship plan.
(2) The determination of the cost and structure of an approved stewardship plan.
(3) The establishment, administration, collection, or disbursement of a charge associated with funding the implementation of this chapter.
(c) Subdivision (a) does not apply to an agreement that does any of the following:
(1) Fixes a price of or for covered batteries, except for an agreement related to costs or charges associated with participation in a stewardship plan approved or conditionally approved by the department and otherwise in accordance with this chapter.
(2) Fixes the output or production of covered batteries.
(3) Restricts the geographic area in which, or customers to whom, covered batteries will be sold.
Notes and commentary — not statutory text
History
Added by Stats. 2022, Ch. 351, Sec. 1. (AB 2440) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§ionNum=42426.
- Text hash
- sha256 f84935c6022209dc3298e83af8e39cc5ad116ea5886e1c1866ccd04c651ce224
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, div. 7, pt. 2, ch. 2Combinations in Restraint of TradePrinted as Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code
- Bus. & Prof. Code, div. 7, pt. 2, ch. 4Unfair Trade PracticesPrinted as Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code
- Bus. & Prof. Code, div. 7, pt. 2, ch. 5EnforcementPrinted as Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.