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LAW <br /> disposed (i.e., they are not able to determine whether these materials are <br /> solid wastes). Because the dispensers receive credit for the returned <br /> products (either because the products actually have real value to <br /> manufacturer or because such credits are part of a competitive marketing <br /> approach), the products have a monetary value to the dispensers and they <br /> would not normally assume such materials to be wastes. <br /> Under our current regulations, such returned products are not considered <br /> i solid wastes until a determination is made to discard these materials. The <br /> returned products themselves (being "commercial chemical products" <br /> under our classification system) are considered more product-like than <br /> waste-like (until a determination is made to dispose of them) because <br /> recycling by use/reuse is generally a viable option." <br /> While the letter and response focus on returned pharmaceuticals, there is no <br /> i reason it would not also apply to returned grocery products that might show a <br /> hazardous characteristic. <br /> California's definition of"waste" in 22 CCR 66261.2 is, <br /> (a) "Waste" means any discarded material of any form (for example, liquid, <br /> semi-solid, solid or gaseous)... <br /> (b) A discarded material is any material which is any of the following: <br /> (1) relinquished as explained in subsection (c) of this section; or <br /> (2) recycled, as explained in subsection (d) of this section; or <br /> (3) considered inherently waste-like, as explained in paragraph (e) <br /> of this section. <br /> (c) A material is a waste if it is relinquished by being any of the following: <br /> (1) disposed of; <br /> (2) burned or incinerated; <br /> (3) accumulated, stored or treated, but not recycled, before or in <br /> lieu of, being relinquished by being disposed of, burned or <br /> incinerated. <br /> (d) A material is a waste if it is recycled, or accumulated, stored or treated <br /> before recycling, by being managed: <br /> (1)through being used in a manner constituting disposal: <br /> (A) materials noted with an "*" in column 1 of Table I are <br /> wastes when they are: <br /> 1, applied to or placed on the land in a manner that <br /> constitutes disposal; or <br /> 2. used to produce products that are applied to or <br /> placed on the land or are otherwise contained in <br /> products that are applied to or placed on the land (in <br /> which cases the product itself is a waste); <br /> (B) however, commercial chemical materials listed in <br /> section 66261.33, which are discarded commercial chemical <br /> products, off-specification species, container residues, or <br />