BILL NUMBER: AB 1329	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Brownley

                        FEBRUARY 27, 2009

   An act to add Part 9 (commencing with Section 49700) to Division
30 of the Public Resources Code, relating to product management.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1329, as introduced, Brownley. Product management: polyvinyl
chloride (PVC) packaging.
   The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
prohibits a person from selling a food or beverage container in this
state that is labeled with the term "compostable" or "marine
degradable," unless the food or beverage container meets certain
requirements.
   This bill would prohibit a person from selling at retail or
distributing in commerce a rigid polyvinyl chloride packaging
container.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Part 9 (commencing with Section 49700) is added to
Division 30 of the Public Resources Code, to read:

      PART 9.  Product Management


      CHAPTER 1.  DEFINITIONS


      CHAPTER 2.  POWERS AND DUTIES


      CHAPTER 3.  ENFORCEMENT AND PENALTIES


      CHAPTER 4.  PVC PACKAGING MATERIALS


   49750.  For the purposes of this chapter, "rigid polyvinyl
chloride packaging container" means a container that is used to
contain, hold, protect, or display another product, alone or in
combination with paperboard or other materials, if all of the
following conditions apply:
   (a) The container is comprised predominantly of the plastic resin
polyvinyl chloride.
   (b) The container is only intended to hold, protect, or display
another product until that product is opened or consumed, at which
point the container serves no function for the continued use or
long-term storage of the product and is intended to be discarded.
   (c) The container has the shape of a clamshell, sack, pouch,
shrink or stretch wrap, or other packaging type.
   49751.  A person shall not sell at retail or distribute in
commerce a rigid polyvinyl chloride packaging container.