Bill Text: CA SB1383 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Plastic products: labeling.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2014-09-16 - In Senate. Consideration of Governor's veto pending. [SB1383 Detail]

Download: California-2013-SB1383-Amended.html

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BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2014
	AMENDED IN ASSEMBLY  JUNE 16, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Hueso

                        FEBRUARY 21, 2014

   An act to amend Section 42357 of the Public Resources Code,
relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1383, as amended, Hueso. Plastic products: labeling.
   Existing law prohibits the sale of a plastic product labeled as
"compostable," "home compostable," or "marine degradable" unless it
meets a certain specification, certification, or standard and
prohibits the sale of a plastic product that is labeled as
"biodegradable," "degradable," "decomposable," or as otherwise
specified. The term "plastic product" is defined for purposes of
these prohibitions.
   This bill would  additionally prohibit the sale of a
plastic product labeled as "soil biodegradable" and would authorize
the Director of Resources Recycling and Recovery to adopt a specified
standard for the biodegradability of plastics, if the American
Society for Testing and Materials adopts that standard. If the
director adopts the ASTM standard specification, the bill would
prohibit a person from selling in the state   authorize
the labeling of commercial  agricultural mulch film, as defined,
 labeled   sold in the state  as 
biodegradable unless   "soil biodegradable   "
if  it meets  that ASTM   a specified
 standard  specification.   for
biodegradability of plastics adopted by the American Society for
Testing and Materials and that standard is also adopted by the
Director of Resources Recycling and Recovery. 
   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.  Section 42357 of the Public Resources Code is amended
to read:
   42357.  (a) (1) Except as provided in paragraph (3), a person
shall not sell a plastic product in this state that is labeled with
the term "compostable," "home compostable,"  "marine
degradable," or "soil biodegradable"   or "marine
degradable   "  unless, at the time of sale, the
plastic product meets the applicable ASTM standard specification, as
specified in paragraph (1) of subdivision (b) of Section 42356, the
Vincotte OK Compost HOME certification, as provided in paragraph
 (4), or as provided in subdivision (e).   (4).

   (2) Compliance with only a section or a portion of a section of an
applicable ASTM standard specification does not constitute
compliance with paragraph (1).
   (3) Notwithstanding paragraph (1), a person may sell a plastic
product in this state that is labeled with a qualified claim for a
term specified in paragraph (1), if the plastic product meets the
relevant standard adopted by the department pursuant to Section
42356.2.
   (4) (A) A plastic product shall not be labeled with the term "home
compostable" unless the manufacturer of that plastic product holds a
Vincotte OK Compost HOME certificate of conformity with regard to
that product, except as provided in subparagraph (B) or (C).
   (B) Notwithstanding paragraph (1), if the ASTM adopts a standard
specification for the term "home compostable" on or before January 1,
2016, and the department determines that the ASTM standard
specification is at least equal to, or more stringent than, the OK
Compost HOME certification, a plastic product labeled with the term
"home compostable" shall meet that ASTM standard specification. The
department may also take the actions specified in Section 42356.1
with regard to an ASTM standard for home compostability.
   (C) If the department adopts a standard pursuant to Section
42356.2, a plastic product labeled with the term "home compostable"
shall meet that standard and not the standard specified in
subparagraph (A) or (B).
   (b) Except as provided in subdivision (a) or (e), a person shall
not sell a plastic product in this state that is labeled with the
term "biodegradable," "degradable," or "decomposable," or any form of
those terms, or in any way imply that the plastic product will break
down, fragment, biodegrade, or decompose in a landfill or other
environment.
   (c) A manufacturer or supplier, upon the request of a member of
the public, shall submit to that member, within 90 days of the
request, information and documentation demonstrating compliance with
this chapter, in a format that is easy to understand and
scientifically accurate.
   (d) A product that is in compliance with this chapter shall not,
solely as a result of that compliance, be deemed to be in compliance
with any other applicable marketing requirement or guideline
established under state law or by the Federal Trade Commission.
   (e) (1) If the ASTM adopts a standard for Work Item ASTM WK29802,
New Specification for Aerobically Biodegradable Plastics in Soil
Environment in the Temperate Zone, the director may adopt that ASTM
standard specification.
   (2) A person may sell  commercial  agricultural mulch
film labeled with the term  "biodegradable"  
"soil biodegradable   "  only if it meets an ASTM
standard specification that the director has adopted pursuant to
paragraph (1).
   (3) For purposes of this subdivision,  "agricultural
  "commercial agricultural  mulch film" means film
plastic that is used as a technical tool in commercial farming
applications.