BILL NUMBER: AB 1329 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 1, 2009 AMENDED IN ASSEMBLY APRIL 20, 2009 INTRODUCED BY Assembly Member Brownley FEBRUARY 27, 2009 An act to add Part 9 (commencing with Section49700)49750) 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, 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 Section49700)49750) 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, 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. (d) "Rigid polyvinyl chloride packaging container" and "flexible polyvinyl chloride packaging container" do not include any of the following: (1) A container that encloses a dangerous drug, as defined in Section 4022 of the Business and Professions Code, or a container that encloses an over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of the Health and Safety Code or as defined in Section 321 of Title 21 of the federal Food, Drug, and Cosmetic Act. (2) A container in which a medical device, as defined in Section 109920 of the Health and Safety Code, is enclosed. 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.