BILL ANALYSIS
AB 1329
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ASSEMBLY THIRD READING
AB 1329 (Brownley)
As Amended June 1, 2009
Majority vote
ENVIRONMENTAL SAFETY 5-2
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|Ayes:|Chesbro, Davis, Feuer, |
| |Monning, Ruskin |
| | |
|-----+--------------------------|
|Nays:|Miller, Smyth |
| | |
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SUMMARY : Prohibits a retail establishment from selling,
distributing, or importing a rigid or flexible polyvinyl
chloride (PVC) packaging container, on and after January 1,
2013, and on and after January 1, 2014, respectively.
Specifically, this bill :
1)Defines "flexible polyvinyl chloride packaging container" as a
container that is used to contain, hold, protect, or display
another product, if all of the following conditions apply:
PVC plastic resin is the primary component of the container;
it is only intended to hold, protect, or display another
product and then is intended to be discarded; it has the shape
of a sack, pouch, or other packaging shape, including a shrink
or stretch wrap; and, it has a flexible shape or form.
2)Defines "rigid polyvinyl chloride packaging container" as a
container that is used to contain, hold, protect, or display
another product, if all of the following conditions apply:
PVC plastic resin is the primary component of the container;
it is only intended to hold, protect, or display another
product and then is intended to be discarded; it has the shape
of a cup, bottle, bowl, clamshell, or other packaging shape;
it has an inflexible or finite shape or form.
3)Exempts from the definitions of "rigid polyvinyl chloride
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packaging container" and "flexible polyvinyl chloride
packaging container" a container that encloses a dangerous
drug, an over-the-counter human or veterinary drug, or a
medical device, as defined.
4)Prohibits, on and after January 1, 2013, a retail
establishment from selling, distributing, or importing in
commerce a rigid polyvinyl chloride packaging container in
this state.
5)Prohibits, on and after January 1, 2014, a retail
establishment from selling, distributing, or importing in
commerce a flexible polyvinyl chloride packaging container in
this state.
FISCAL EFFECT : This bill is not keyed fiscal.
COMMENTS : According to the author's office, "There is virtually
no recycling market for [PVC], so almost all PVC packaging is
land filled. PVC packaging is a contaminant in the recycling
stream of other plastics, such as Polyethylene Terephthalate
(PET). Recyclers who try to recover container types that have a
high prevalence of PVC, like product containers, risk expensive
contamination issues. Furthermore, PVC plastic packaging pose
human health risks that warrant a phase-out from consumer use
faster than is likely to be achieved through DTSC's Green
Chemistry program. Vinyl Chloride production emits toxic
pollution in an around manufacturing facilities, including vinyl
chloride. PVC packaging contains toxic additives at a very high
rate, including phthalates, lead and cadmium that pose a threat
both as packaging in the home and as litter. As solid waste, PVC
is a major source of chlorine and dioxins at incineration
facilities."
PVC is a widely used thermoplastic polymer. As a hard plastic,
it is used as vinyl siding, window casings, plumbing, and some
fixtures. Flexible PVC is used in clothing, upholstery,
flexible tubing, flooring, electrical insulation and in
packaging materials and food wraps. Lead and cadmium are
commonly added to PVC and flexible PVC plastics are made by also
adding phthalate plasticizers. Toxic metals and plasticizers,
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which leach from PVC products, are listed as reproductive or
developmental toxicants or as carcinogens under Proposition 65;
are linked to irreversible neurological damage or cause renal,
pulmonary and reproductive toxicity.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0001357