Paint manufacturers that sell paint directly or indirectly in a PaintCare state are required by each state’s paint stewardship law to register their company and brands with PaintCare. Registration is a two-step process.
You can register by going to www.paintcarereporting.org. During the online registration process, you list your company contact information, brands, and check a box for each state in which you would like to register. After we review your brands list to determine which ones are PaintCare program products, you will receive an email that a user profile has been created. Your company name and brands will be added to the official registration lists for each state you register. You can easily add other states by checking a box. The same brands list is used in all states.
Remitter Agreements move the reporting and fee remittance responsibility to the dealer. PaintCare will accept PaintCare Fees and reporting information from distributors or retailers selling paint in the individual states on behalf of their Manufacturer supplier(s). This arrangement is established by the parties entering into an agreement. Remitter Agreements are used between manufacturers and their distributors as well as between manufacturers and retailers and between distributors and retailers. Agreements can be used for all or part of a manufacturer’s sales. While Remitter Agreements benefit manufacturers by passing the reporting and remittance task to their dealer, there is also an economic benefit to the dealer – payment (remittance) of the fees occurs after the sale, rather than before.
As of June 22, 2015, remitter agreements can be made between companies that have set up accounts to use PaintCare’s reporting system at www.paintcarereporting.org.
Here are three scenarios to provide examples of how Remitter Agreements may be used: Scenario 1. Manufacturer sells and ships to its own company-owned in-state Retailer. The Manufacturer also sells to an out-of-state Distributor.
- For sales to its own stores, the manufacturer knows sales and reports and pays fees on these quantities.
- For sales to the distributor, the manufacturer does not know sales into the State; manufacturer may have distributor report and pay fees on these sales as long as distributor agrees to sign a Remitter Agreement and report and pay fees on behalf of manufacturer and to be subject to audit.
Scenario 2. Manufacturer sells directly to in-state Retailer and in-state Distributor.
- For direct sales to retailer, manufacturer knows sales and reports and pays fees on these quantities.
- For sales to distributor, manufacturer does not know if all sales remain in the State (distributor may sell some to out of state); manufacturer may have distributor report and pay fees as long as distributor agrees to sign a Remitter Agreement and report and pay fees on behalf of manufacturer and to be subject to audit.
Scenario 3. Manufacturer sells to out-of-state Distributor. Next, the Distributor sells to in-state Retailer.
- Manufacturer does not know sales into the State; manufacturer may either (a) report and pay fees on all sales based on shipments to distributor or (b) not report and pay fees and have distributor report and pay fees on these sales into State as long as distributor agrees to sign a Remitter Agreement and report and pay fees on behalf of manufacturer and to be subject to audit.
- Neither manufacturer nor distributor needs to report or remits fees as long as retailer agrees to sign a remitter agreement and report and pay fees on behalf of manufacturer and to be subject to audit.
Frequently Asked Questions
Can I Sign Multiple Remitter Agreements?
Yes, as a manufacturer, you can sign Remitter Agreements with more than one dealer. Likewise, distributors may sign Remitter Agreements with more than one manufacturer and/or retailer. Retailers may also sign Remitter Agreements with more than one supplier (manufacturer or distributor), and often, a supplier will provide program products from multiple manufacturers. Separate agreements are required for each state.
How do I Report Sales?
A separate report is required for each state. If you are remitting on behalf of someone else, you will only be required to report sales in the aggregate, regardless of how many parties you are reporting for. For all of the sales into an individual state, you will report your total unit sales (by container size category) monthly, after the Program begins. Reports are due by the end of the following month and will be filed using a web-based, secure reporting system.
What are my Obligations as a Remitter?
In addition to reporting sales and paying the associated PaintCare Fee, the program will conduct compliance reviews. Fees will be required on any unreported sales. Remitters who do not appear to be acting in good faith are subject to expulsion from the Program.
The definition of architectural coatings (also referred to as architectural paint or program products) is based on the first document below. The types of products that have fees are the same as those that are accepted at PaintCare drop-off sites. When clarification is needed about which products are subject to the PaintCare Fee and which products are not, PaintCare publishes additional notices. So far we have published seven notices, and we will publish additional notices as needed or upon request.