Bill Text: CA SB728 | 2023-2024 | Regular Session | Amended

California Senate Bill 728

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

Bill Title: Plastic gift cards: prohibition.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2024-01-25 - Veto sustained. [SB728 Detail]

Download: California-2023-SB728-Amended.html

Amended IN Senate March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 728

Introduced by Senator Limón

February 17, 2023

An act to ~~amend Section 42272 of the Public Resources Code,~~ add Section 1749.47 to the Civil Code, relating to solid waste.

LEGISLATIVE COUNSEL'S DIGEST

SB 728, as amended, Limón. ~~Single-use foodware and standard condiments.~~ Gift cards: plastic.

Existing law regulates the sale of gift certificates. (CIV 1749.45-1749.6.) The definition of a gift certificate includes gift cards, but also specifically exempts gift cards that are usable with multiple sellers of goods or services provided that the expiration date, if any, is printed on the card. (CIV 1749.45.)
This bill would prohibit the sale or distribution of plastic gift cards beginning January 1, 2026.
Existing law, among other things, prohibits a food facility from providing a single-use foodware accessory or standard condiment packaged for single use, as defined, to a consumer unless requested by the consumer, as provided. Existing law prohibits those items from being bundled or packaged in a way that prohibits the consumer from taking only the item desired. Existing law requires a food facility using a third-party food delivery platform to list on its menu the availability of single-use foodware accessories and standard condiments and only provide those items when requested, as provided.
Existing law requires a city, county, or city and county, on or before June 1, 2022, to authorize an enforcement agency to enforce these requirements. Existing law requires the first and 2nd violations of these provisions to result in a notice of violation, and any subsequent violation is an infraction punishable by a fine of $25 for each day in violation, but not to exceed an annual total of $300.
~~This bill would make nonsubstantive changes to that latter provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1749.47 is added to the Civil Code, to read:

1749.47.
On and after January 1, 2026, a gift card made of plastic shall not be sold, offered for sale, or distributed in this state.

SECTION 1.Section 42272 of the Public Resources Code is amended to read:
42272.
~~(a)On or before June 1, 2022, a city, county, or city and county shall authorize an enforcement agency to enforce this chapter.~~
(b)The first and second violations of this chapter shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but the fines shall not exceed three hundred dollars ($300) annually.