BILL NUMBER: AB 1329	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 20, 2009

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 amended, 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.  
   This bill, on and after January 1, 2013, would prohibit a retail
establishment, as defined, from selling, distributing, or importing
in commerce a rigid polyvinyl chloride packaging container, as
defined. The bill, on and after January 1, 2014, would prohibit a
retail establishment from selling, distributing, or importing in
commerce a flexible polyvinyl chloride packaging container, as
defined. 
   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. 

   49750.  For the purposes of this chapter, the following terms have
the following meanings:
   (a) "Flexible 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:
   (1) Polyvinyl chloride plastic resin is the primary component of
the container.
   (2) 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.
   (3) The container has the shape of a sack, pouch, or other
packaging shape, including a shrink or stretch wrap.
   (4) The container has a flexible shape or form.
   (b) "Retail establishment" or "retailer" means an individual,
partnership, corporation, association, or other legal relationship
that engages in the business of selling goods to retail buyers.
   (c) "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:
   (1) Polyvinyl chloride plastic resin is the primary component of
the container.
   (2) 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.
   (3) The container has the shape of a cup, bottle, bowl, clamshell,
or other packaging shape.
   (4) The container has an inflexible or finite shape or form and is
capable of maintaining its shape while holding other products and
has essentially the same shape empty as full.  
   49751.  (a) On and after January 1, 2013, a retail establishment
shall not sell, distribute, or import in commerce a rigid polyvinyl
chloride packaging container in this state.
   (b) On and after January 1, 2014, a retail establishment shall not
sell, distribute, or import in commerce a flexible polyvinyl
chloride packaging container in this state.