BILL NUMBER: SB 1749 CHAPTERED
BILL TEXT
CHAPTER 619
FILED WITH SECRETARY OF STATE SEPTEMBER 21, 2004
APPROVED BY GOVERNOR SEPTEMBER 21, 2004
PASSED THE SENATE AUGUST 26, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN ASSEMBLY JUNE 30, 2004
AMENDED IN ASSEMBLY JUNE 8, 2004
AMENDED IN SENATE APRIL 13, 2004
INTRODUCED BY Senator Karnette
FEBRUARY 20, 2004
An act to add Chapter 5.7 (commencing with Section 42355) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1749, Karnette. Plastic bags: labeling.
The existing California Integrated Waste Management Act of 1989,
which is administered by the California Integrated Waste Management
Board, establishes an integrated waste management program. The act
requires every manufacturer that manufactures plastic trash bags of a
specified thickness to ensure that a trash bag intended for sale in
this state contains a quantity of recycled plastic postconsumer
material equal to at least 10% of the weight of the bag, or that at
least 30% of the weight of the material used in all of the
manufacturer's plastic products intended for sale in this state is
recycled plastic postconsumer material.
This bill would prohibit a person from selling a plastic bag that
is labeled as "biodegradable," "compostable," "degradable," or as
otherwise specified, unless, at the time of the sale, the plastic bag
meets a current ASTM standard specification for the term used on
the label.
The bill would require a manufacturer or supplier, as defined,
upon the request of a member of the public, to submit to that
member, within 90 days of the request, information and documentation
demonstrating compliance with the bill.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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. BIODEGRADABLE AND COMPOSTABLE PLASTIC BAGS
42355. 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 bags. For consumers to have
accurate and useful information about the environmental impact of
plastic bags and packages, 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) "ASTM standard specification" means a definition found in the
Style and Form Guide for ASTM Standards and does not include an ASTM
Standard Guide, a Standard Practice, or a Standard Test Method.
(c) "Manufacturer" means a person, firm, association, partnership,
or corporation that produces a plastic bag.
(d) "Supplier" means a person who does one or more of the
following:
(1) Sells, offers for sale, or offers for promotional purposes, a
plastic bag that is used by a person to contain a product.
(2) Takes title to a plastic bag produced either domestically or
in a foreign country, that is purchased for resale or promotional
purposes.
42357. (a) A person shall not sell a plastic bag in this state
that is labeled with the term "compostable," "biodegradable,"
"degradable," or any form of those terms, or in anyway imply that the
bag will break down in a landfill, composting, marine, or other
natural terrestrial environment, unless, at the time of the sale, the
plastic bag meets a current ASTM standard specification for the term
used on the label.
(b) 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.