BILL NUMBER: SB 1454 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2010
AMENDED IN SENATE APRIL 26, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 19, 2010
An act to repeal Chapter 5.8 (commencing with Section 42359) of,
and to repeal and add Chapter 5.7 (commencing with Section 42355) of,
Part 3 of Division 30 of the Public Resources Code, relating to
recycling.
LEGISLATIVE COUNSEL'S DIGEST
SB 1454, as amended, DeSaulnier. Recycling: plastic products.
Existing law prohibits a person from selling a plastic bag or a
plastic food or beverage container that is labeled as "compostable"
or "marine degradable" unless that plastic bag or container meets
certain American Society for Testing and Materials (ASTM) standard
specifications or a standard adopted by the Department of Resources
Recycling and Recovery. Existing law prohibits the sale of a plastic
bag or plastic food or beverage container that is labeled as
"biodegradable," "degradable," "decomposable," or as otherwise
specified. Existing law provides for the imposition of a civil
penalty for a violation of these prohibitions.
This bill would repeal those prohibitions and would instead
prohibit the sale of a plastic product, as defined, labeled as
"compostable" or "marine degradable" unless it meets those ASTM
standard specifications or a standard adopted by the department. The
bill would prohibit the sale of a plastic product that is labeled as
"biodegradable," "degradable," "decomposable," or as otherwise
specified. The bill would provide for the imposition of a civil
penalty for a violation of those prohibitions.
The bill would state legislative findings and declarations
regarding plastic litter.
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. Chapter 5.7 (commencing with Section 42355) of Part 3
of Division 30 of the Public Resources Code is repealed.
SEC. 2. Chapter 5.7 (commencing with Section 42355) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 5.7. PLASTIC PRODUCTS
42355. The Legislature finds and declares all of the following:
(a) Littered plastic products have caused and continue to cause
significant environmental harm and have burdened local governments
with significant environmental cleanup costs.
(b) It is the intent of the Legislature to ensure that
environmental marketing claims, including claims of biodegradation,
do not lead to an increase in environmental harm associated with
plastic litter by providing consumers with a false belief that
certain plastic products are less harmful to the environment if
littered.
(c) A product's ability to biodegrade is a function of both the
physical and chemical makeup of the product as well as the
environmental conditions to which it is subject.
(d) Use of the term "degradable," "biodegradable," "decomposable,"
or other like terms on plastic products is inherently misleading
unless the claim includes a thorough disclaimer providing necessary
qualifying details, including, but not limited to, the environments
and timeframes in which the claimed action will take place.
(e) Given the complex nature of biodegradation and the fact that
most plastic products will travel through multiple environments from
the time of manufacture to the time of final disposition, and given
the intrinsic constraints of marketing claims, including the space on
the plastic product, there is no reasonable ability for plastic
product manufacturers to provide an adequate disclaimer qualifying
the use of these and like terms without relying on an established
scientific standard specification for the action claimed.
(f) Given these and other constraints, and the significant
environmental harm that is caused by plastic litter, the use of these
terms must be prohibited unless, or until the time as there is
established, an American Society for Testing and Materials (ASTM)
Standard Specification for the term claimed that has been approved by
the Legislature.
42355. 42355.5. The Legislature
finds and declares that it is the public policy of the state that
environmental marketing claims, whether explicit or implied, should
be substantiated by competent and reliable evidence to prevent
deceiving or misleading consumers about the environmental impact of
plastic products. For consumers to have accurate and useful
information about the environmental impact of plastic products,
environmental marketing claims should adhere to uniform and
recognized standards, including those standard specifications
established by the American Society for Testing and Materials.
42356. For purposes of this chapter, the following definitions
apply:
(a) "ASTM" means the American Society for Testing and Materials.
(b) (1) "ASTM standard specification" means one of the following:
(A) The ASTM Standard Specification for Compostable Plastics
D6400, as published in September 2004, except as provided in
subdivision (c) of Section 42356.1.
(B) The ASTM Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment D7081, as published in August
2005, except as provided in subdivision (c) of Section 42356.1.
(C) The ASTM Standard Specification for Biodegradable Plastics
Used as Coatings on Paper and Other Compostable Substrates D6868, as
published in August 2003, except as specified in subdivision (c) of
Section 42356.1.
(2) "ASTM standard specification" does not include an ASTM
Standard Guide, a Standard Practice, or a Standard Test Method.
(c) "Department" means the Department of Resources Recycling and
Recovery.
(d) "Manufacturer" means a person, firm, association, partnership,
or corporation that produces a plastic product.
(e) "Plastic product" means a product made of plastic, whether
alone or in combination with other material, including, but not
limited to, paperboard. A plastic product includes, but is not
limited to, any of the following:
(1) (A) A consumer product.
(B) For purposes of this paragraph, "consumer product" means a
product or part of a product that is used, bought, or leased for use
by a person for any purpose.
(2) A package or a packaging component.
(3) A bag, sack, wrap, or other thin plastic sheet film product.
(4) A food or beverage container or a container component,
including, but not limited to, a straw, lid, or utensil.
(f) "Supplier" means a person who does one or more of the
following:
(1) Sells, offers for sale, or offers for promotional purposes, a
plastic product that is used.
(2) Takes title to a plastic product, produced either domestically
or in a foreign country, that is purchased for resale or promotional
purposes.
42356.1. (a) If an ASTM standard specification specified in
paragraph (1) of subdivision (b) of Section 42356 is subsequently
revised, the department shall review the new ASTM standard
specification as follows:
(1) If the department determines that the new standard is more
stringent and more protective of the public health, safety, and the
environment, and is reflective of and consistent with state policies
and programs, the department may adopt the new standard.
(2) If the department determines that the new standard is not as
stringent and does not protect the public health, safety, and the
environment, and is not reflective of and consistent with state
policies and programs, the department shall not adopt the new
standard.
(b) If the ASTM, or any other entity, develops a new standard
specification or other applicable standard for any of the terms
prohibited under subdivision (a) of Section 42357, the department may
review the new standard and, if the department determines that the
new standard for the prohibited term is more stringent and more
protective of the public health, safety, and the environment, and is
reflective of and consistent with state policies and programs, the
department may make a recommendation to the Legislature.
(c) Compliance with a standard adopted pursuant to paragraph (1)
of subdivision (a) shall be deemed to be in compliance with this
chapter.
42357. (a) (1) A person shall not sell a plastic product in this
state that is labeled with the term "compostable" 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.
(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).
(b) Except as provided in subdivision (a), 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.
42358. (a) A city, a county, or the state may impose civil
liability in the amount of five hundred dollars ($500) for the first
violation of this chapter, one thousand dollars ($1,000) for the
second violation, and two thousand dollars ($2,000) for the third and
any subsequent violation.
(b) Any civil penalties collected pursuant to subdivision (a)
shall be paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action. The penalties collected pursuant to this section by the
Attorney General may be expended by the Attorney General, upon
appropriation by the Legislature, to enforce this chapter.
(c) The remedies provided by this section are not exclusive and
are in addition to the remedies that may be available pursuant to
Sections 17200 to 17210, inclusive, of the Business and Professions
Code.
(d) Any costs incurred by a state agency in carrying out this
chapter shall be recoverable by the Attorney General, upon the
request of the agency, from the liable person or persons.
SEC. 3. Chapter 5.8 (commencing with Section 42359) of Part 3 of
Division 30 of the Public Resources Code is repealed.