Added by Stats. 2024, Ch. 864, Sec. 1. (SB 707) Effective January 1, 2025.
(a)Except as provided in subdivision (c), an action specified in subdivision (b) that is taken by a PRO 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 PRO:
(1)The creation, implementation, or management of a
plan approved by the department pursuant to Article 4 (commencing with Section 42984.8) and the determination of the types or quantities of covered products repaired, reused, recycled, or otherwise managed pursuant to a plan.
(2)The determination of the cost and structure of an approved 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 products, except for an agreement related to costs or charges associated with participation in a plan approved by the department and otherwise in accordance with this chapter.
(2)Fixes the output or production of covered products.
(3)Restricts the geographic area in which, or customers to whom, covered products will be sold.