BILL NUMBER: AB 2147	CHAPTERED
	BILL TEXT

	CHAPTER  349
	FILED WITH SECRETARY OF STATE  SEPTEMBER 20, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 20, 2006
	PASSED THE ASSEMBLY  AUGUST 21, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	AMENDED IN SENATE  JUNE 27, 2006

INTRODUCED BY   Assembly Member Harman

                        FEBRUARY 21, 2006

   An act to add Chapter 5.8 (commencing with Section 42359) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2147, Harman  Solid waste: plastic food and beverage
containers.
   Existing law, the California Integrated Waste Management Act of
1989, administered by the California Integrated Waste Management
Board, requires every rigid plastic packaging container, as defined,
sold or offered for sale in this state, to generally meet one of
specified criteria.
   Existing law prohibits 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 American Society for Testing and Materials (ASTM)
standard specification for the term used on the label. Existing law
requires 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 these labeling requirements.
   This bill would impose similar requirements, with regard to
plastic food or beverage containers, as defined, for purposes of
prohibiting a person from selling a plastic food or beverage
container that is labeled as "biodegradable," "compostable,"
"degradable," or as otherwise specified, unless, at the time of the
sale, the container meets the ASTM standard specification for
compostable plastics, as specified, for the term used on the label.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 5.8 (commencing with Section 42359) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
      CHAPTER 5.8.  Plastic Food and Beverage Containers

   42359.  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 compostable plastic food or beverage
containers.  For consumers to have accurate and useful information
about the environmental impact of compostable plastic food or
beverage containers, environmental marketing claims should adhere to
uniform and recognized standards, including those standard
specifications established by the American Society for Testing and
Materials.
   42359.5.  For purposes of this chapter, the following definitions
apply:
   (a) "ASTM" means the American Society for Testing and Materials.
   (b) "ASTM standard specification" means ASTM Standard
Specification for Compostable Plastics (D6400-04).
   (c) "Plastic food or beverage container" means plastic packaging
for a finished product that contains food or drink items, or
utensils, for retail sale.
   (d) "Manufacturer" means a person, firm, association, partnership,
or corporation that produces a plastic food or beverage container.
   (e) "Supplier" means a person who does one or more of the
following:
   (1) Sells, offers for sale, or offers for promotional purposes, a
plastic food or beverage container that is used by a person to
contain a product.
   (2) Takes title to a plastic food or beverage container produced
either domestically or in a foreign country, that is purchased for
resale or promotional purposes.
   42359.6.  (a) A person shall not sell a plastic food or beverage
container in this state that is labeled with the term "compostable,"
"biodegradable," "degradable," or any form of those terms, or in
anyway imply that the container will break down in a landfill,
composting, marine, or other natural terrestrial environment, unless,
at the time of the sale, the plastic food or beverage container
meets the 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.