Bill Text: HI HB620 | 2016 | Regular Session | Amended

Hawaii House Bill 620 (Prior Session Legislation)

Bill Title: Compostable Plastic Products; Biodegradable Plastic Products; Labeling

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Engrossed - Dead) 2016-01-21 - Re-Referred to EET/CPH, WAM. [HB620 Detail]

Download: Hawaii-2016-HB620-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	620
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL PROTECTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that protecting Hawaii's consumers from false or fraudulent advertising is essential to ensuring a fair market for all businesses and competitors. Many plastic products are now compostable and biodegradable and thus do not remain as trash when discarded. However, other products have been deceptively marketed to consumers as compostable and biodegradable. These products are actually composed of between thirty-four to ninety-seven per cent plastic, which eventually breaks down into microplastics, that cannot be seen or cleaned up and which have been found to accumulate in organisms and animals, thereby endangering the food chain.

The legislature further finds that ensuring truth in advertising and differentiating between compostable products and non-compostable products are crucial to protecting our environment, ensuring a fair business market, and protecting Hawaii's consumers.

The purpose of this Act is to join other states that already require plastic products marketed as biodegradable, degradable, decomposable, or compostable, or in any way imply that the product will break down, to meet the American Society for Testing and Materials' specifications.

SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§342H- Plastic products; labeling. (a) No plastic product shall be labeled as "compostable" or in any other way to imply that it will biodegrade, decompose, break down, or fragment in a landfill or other environment, unless it meets ASTM D6400 specifications as certified by an approving authority.

(b) Notwithstanding subsection (a), plastic products may be labeled as "biodegradable" pursuant to the ASTM D5511 standard test method for determining anaerobic biodegradation of plastic materials under high-solids anaerobic-digestions conditions.

(c) A manufacturer of plastics or wholesale distributor who violates this section shall be fined $ for each separate violation. Each day the violation continues shall constitute a separate violation.

(d) As used in this section:

"ASTM D6400" means the specifications for compostability of the American Society for Testing and Materials.

"Biodegradable" means a plastic product that has been labeled as biodegradable pursuant to the ASTM D5511 standard test method for determining anaerobic biodegradation of plastic materials under high-solids anaerobic-digestions conditions.

"Consumer product" means a product or part of a product that is used, bought, or leased for use by a person for any purpose.

"Plastic product" means a product made of plastic, alone or in combination with other material. A plastic product includes but is not limited to any of the following:

(1) A consumer product;

(2) A package or packing component;

(3) A bag, sack, wrap, or other product made of thin plastic sheet film; or

(4) A food or beverage container, or a container component, including a straw, lid, or eating utensil."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2112.

Report Title:

Compostable Plastic Products; Biodegradable Plastic Products; Labeling

Description:

Prohibits labeling of a plastic product as "compostable" or "biodegradable" unless it meets appropriate ASTM standards. Effective January 1, 2112. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.