BILL NUMBER: AB 1329 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2009
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 Section 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. single-use
recyclable packaging containers.
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.
This bill, on and after July 1, 2014, would prohibit a retail
establishment or retailer, as defined, from selling, distributing, or
importing in commerce a single-use recyclable packaging container,
as defined, that is comprised predominantly of polyvinyl chloride
plastic resin.
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 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
PLASTIC RECYCLING CONTAMINATING CONTAINERS
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.
49750. The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature to increase plastic
recycling in California.
(b) Polyvinyl chloride plastic resin is a potent contaminant in
recycling of commonly recycled plastics.
(c) Containers made from polyvinyl chloride plastic resin look
identical to containers made from commonly recycled plastic resins
and cannot be efficiently sorted out from the recycling stream.
(d) Removing polyvinyl chloride plastic resin from container types
that are present in plastic recycling will increase plastic
recycling, strengthen California's recycling infrastructure, and
increase material diversion from landfills.
49751. For the purposes of this chapter, the following terms have
the following meanings:
(a) "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.
(b) (1) "Single-use recyclable packaging container" means a
container that meets all of the following conditions:
(A) A container used to contain, protect, or hold a consumer good,
food, or beverage until that item is opened or consumed, after which
point the container serves no other function and is intended to be
discarded.
(B) The container has the shape of a bottle, clamshell, sack, cup,
bowl, shrink or stretch wrap, or other packaging shape.
(2) "Single-use recyclable packaging container" does not include
any of the following:
(A) A container used solely in transportation and not made
available to consumers.
(B) A container that is used solely for the transportation and
protection of a building material, including, but not limited to,
windows and related products used in residential construction.
(C) 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.
(D) A container in which a medical device, as defined in Section
109920 of the Health and Safety Code, is enclosed.
(E) A container that is used to contain a petroleum-based product,
including a fuel, lubricant, fuel additive, or other petroleum-based
products used on or in motor vehicles.
49752. On and after July 1, 2014, a retail establishment or
retailer shall not sell, distribute, or import in commerce a
single-use recyclable packaging container that is comprised
predominantly of polyvinyl chloride plastic resin.