Prior to the adoption of 17135 on 04/08/2002, Section 11-63 read as follows.

The provisions of this article shall not apply to any beverage container which is biodegradable within the meaning of section 11-61. When raised as a defense to a prosecution instituted under the provisions of this article, the burden of proof shall be on the distributor or retailer to establish that the beverage container that is the subject of the litigation is biodegradable.