Bill Text: CA AB2138 | 2009-2010 | Regular Session | Amended
Bill Title: Product management: single-use recyclable packaging
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2138 Detail]
Download: California-2009-AB2138-Amended.html
BILL NUMBER: AB 2138 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2010
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 18, 2010
An act to add Part 9 (commencing with Section 49700) to Division
30 of the Public Resources Code, relating to product management.
LEGISLATIVE COUNSEL'S DIGEST
AB 2138, as amended, Chesbro. Product management: single-use
recyclable packaging containers.
The California Integrated Waste Management Act of 1989, which is
administered by the Department of Resources Recycling and Recovery
requires every rigid plastic packaging container, as defined, sold or
offered for sale in this state, to generally meet one of specified
criteria. Existing law requires the operator of a store to establish
an at-store recycling program for plastic carryout bags, until
January 1, 2013.
This bill would enact the Plastic Ocean Pollution Reduction,
Recycling, and Composting Act and would prohibit a food provider,
after July 1, 2011, but not after July 1, 2013, from distributing a
disposable food service packaging or a single-use carryout bag, as
defined, unless the packaging or bag meet
meets the criteria for either compostable packaging or
recyclable packaging. The bill would prohibit a food provider, on and
after July 1, 2013, from distributing a disposable food service
packaging or a single-use carryout bag to a consumer, unless the
department determines the packaging or bag is recovered for
composting or recovered for recycling at a rate of 25 percent or
more.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Part 9 (commencing with Section 49700)
49750) is added to Division 30 of the Public
Resources Code, to read:
PART 9. Product Management
CHAPTER 1. DEFINITIONS
CHAPTER 2. POWERS AND DUTIES
CHAPTER 3. ENFORCEMENT AND PENALTIES
CHAPTER 4. PLASTIC OCEAN POLLUTION REDUCTION, RECYCLING AND
COMPOSTING ACT
Article 1. General Provisions
49700. 49750. This chapter shall be
known, and may be cited, as the Plastic Ocean Pollution Reduction,
Recycling, and Composting Act.
49750.1. It is the intent of the Legislature, consistent with
recommendations in the Ocean Protection Council report "Eliminating
Land-based Discharges of Marine Debris in California," to designate
responsibility and authority for reduction of marine debris, plastic
ocean pollution, and its sources to a state agency.
Article 2. Definitions
49751. For the purposes of this chapter the following terms have
the following meanings, unless the context clearly requires
otherwise:
(a) "Compostable packaging" means a material that meets all of the
following criteria:
(1) The packaging distributed with food for in-store consumption
is accepted back for composting by the food provider.
(2) The packaging is accepted for composting in a residential
collection program available to at least 75 percent of the households
in the jurisdiction in which it is distributed, as determined by the
department.
(3) The packaging is made of a material that meets the American
Society for Testing and Materials (ASTM) Standard Specification for
Compostable Plastics D6400, as published in September 2004. For
purposes of this paragraph, an ASTM standard specification does not
include an ASTM Standard Guide, a Standard Practice, or a Standard
Test Method.
(b) "Department" means the Department of Resources Recycling and
Recovery.
(c) (1) "Disposable food service packaging" means single-use
disposable products used by a food provider for serving or
transporting prepared and ready-to-consume food or beverages.
(2) "Disposable food service packaging" includes, but is not
limited to, plates, cups, bowls, trays, and hinged or lidded
containers.
(3) "Disposable food service packaging" does not include such
single-use disposable items as straws, cup lids, or utensils, or
single-use disposable packaging for unprepared foods.
(d) "Food provider" means an establishment that provides prepared
food for public consumption on or off its premises and includes, but
is not limited to, a store, shop, sales outlet, restaurant, grocery
store, supermarket, delicatessen, catering truck, or vehicle.
(e) (1) "Prepared food" means ready-to-consume food or beverage
prepared on the food provider's premises, using a cooking or food
preparation technique.
(2) "Prepared food" does not include raw uncooked meat, fish, or
eggs, unless the item is provided for consumption without further
food preparation.
(f) "Recyclable packaging" means a material that meets all of the
following criteria:
(1) The packaging distributed with food for in-store consumption
is accepted back for recycling by the food provider.
(2) The packaging is accepted for recycling in a residential
collection program available to at least 75 percent of the households
in the jurisdiction in which it is distributed, as determined by the
department.
(g) "Single-use carryout bag" means a carryout bag provided by a
store food provider to a customer
to contain prepared food at the point of sale.
Article 3. Packaging Waste Reduction and Recycling
Responsibilities
49752. (a) On and after July 1, 2011, until July 1, 2013, a food
provider shall not distribute a disposable food service packaging or
a single-use carryout bag to a consumer, unless the disposable food
service packaging or single-use carryout bag meets the criteria for
either compostable packaging or recyclable packaging.
(b) On and after July 1, 2013, a food provider shall not
distribute a disposable food service packaging or a single-use
carryout bag to a consumer, unless the department determines the
disposable food service packaging or single-use carryout bag is
recovered for composting or recovered for recycling at a rate of 25
percent or more.
