BILL NUMBER: AB 1358	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Members Hill and Nava
   (Coauthor: 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 1358, as amended, Hill. Product management: disposable food
containers.
   The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
among other things, 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 define terms for its purposes and prohibit a food
vendor  , restaurant, or retail food vendor  from
dispensing prepared food to a customer in a disposable 
expanded  polystyrene food container, a disposable
nonrecyclable plastic food container, or a disposable nonrecycled
 content  paper container. The bill would authorize a food
vendor , restaurant, or retail food vendor  to
dispense prepared food to a customer in a compostable plastic
container in a jurisdiction where organic waste is collected curbside
for composting  , and to dispense prepared food in a
recyclable plastic container or a recycled paper container. The bill
would prohibit a state facility from using a polystyrene foam or
expanded polystyrene foam food service container, and would prohibit
a state department or state agency from purchasing or acquiring
polystyrene foam or expanded polystyrene foam disposable food service
ware for use at state facilities. A state-managed concession,
state-sponsored event, or event with a permit issued by the state
would be prohibited from distributing or utilizing disposable food
service ware containing expanded polystyrene, polystyrene,
nonrecyclable plastic, or nonrecycled paper, and an agent,
contractor, or vendor doing business with the state would be
prohibited from using polystyrene foam, expanded polystyrene foam,
nonrecycled paper, or nonrecyclable plastic disposable food service
ware in state facilities or on state projects within the state. The
bill would include legislative findings and declarations that the
matters covered by the bill are matters of statewide interest and
concern .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
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 5.  TAKE OUT FOOD CONTAINERS


   49760.  For the purposes of this chapter, the following terms have
the following meanings: 
   (a) "Compostable" means all materials in the product or package
will breakdown into, or otherwise become part of, usable compost,
including, but not limited to, soil-conditioning material and mulch,
in a safe and timely manner consistent with the composting facility
used by the jurisdiction that collects organic waste. To comply with
this definition, compostable disposable food service ware shall meet
ASTM standard D6400 for compostability and shall be clearly labeled.
 
   (a) "Compostable" means the American Society for Testing and
Materials Standard Specification for Compostable Plastics D6400, as
published in September 2004, except as provided in subdivision (c) of
Section 42356.1. 
   (b) "Customer" means a person obtaining prepared food from a
 restaurant or retail  food vendor.
   (c) "Disposable food service ware" means all containers, bowls,
plates, trays, cartons, cups, lids, straws, forks, spoons, knives,
and other items that are designed for one-time use and on or in which
a  restaurant or retail  food vendor directly
places or packages prepared foods or that are used to consume foods.
 "Disposable   "Disposable  food service
ware" includes, but is not limited to, service ware for takeout foods
or leftovers from partially consumed meals prepared  at a
restaurant or retail   by a  food vendor. 
   (d) "Expanded polystyrene food container" means a rigid plastic
packaging container, as defined in Section 42301, that meets all of
the following conditions:  
   (1) Polystyrene is the sole resin used to produce the rigid
plastic packaging container.  
   (2) The container is required to be labeled with a "6" pursuant to
subdivision (a) of Section 18015.  
   (3) The container is used, or is intended to be used, to contain
food, as defined in Section 109935 of the Health and Safety Code.
 
   (d) "Polystyrene food container" means a plastic container,
comprised of a majority polystyrene plastic resin, that is used to
contain prepared food. The container is used, or is intended to be
used, to contain food, as defined in Section 109935 of the Health and
Safety Code. 
   (e) "Food vendor" means a restaurant or retail food and beverage
vendor located or operating within the state.  Food vendor
includes,   but is not limited to, itinerant restaurants,
pushcarts, vehicular food vendors, a store, a shop, a sales outlet,
or other establishments, including a grocery store or a delicatessen.

   (f)  "Nonrecyclable   "Nonrecyclable 
plastic food container" means a plastic food container not made from
 Polyethylene   polyethylene  terephthalate
(PET or PETE)  identified as number "1,"  or
 High Density Polyethylene   high density
polyethylene  (HDPE)  identified as number "2," using
resin codes established by the American Chemistry Council. The
Legislature finds and declares that these are the most common types
of plastics recycled in California.   . 
   (g) "Nonrecycled  content  paper container" means a food
container containing less than 100 percent post consumer recycled
paper content.
   (h) "Prepared food" means food or beverages, that are served,
packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed,
or otherwise prepared for consumption. "Prepared food" does not
include raw, butchered meats, fish, or poultry, sold from a butcher
case or similar retail appliance. "Prepared food" may be eaten either
on or off the premises, and includes take-out food.
   (i) "Recyclable plastic food container" means a plastic food
container made from  Polyethylene   polyethylene
 terephthalate (PET or PETE)  identified as number "1,"
 or  High Density Polyethylene   high
density polyethylene  (HDPE)  identified as number "2,"
using resin codes established by the American Chemistry Council. The
Legislature finds and declares that these are the most common types
of plastics recycled in California.   . 
   (j) "Recycled  content  paper container" means a food
container containing 100 percent post consumer recycled paper
content. 
   (k) "Restaurant" means an establishment located within the state
that sells prepared food for consumption on, near, or off its
premises by a customer. "Restaurant" includes itinerant restaurants,
pushcarts, and vehicular food vendors.  
   (l) "Retail food vendor" means a store, shop, sales outlet, or
other establishment, including a grocery store or a delicatessen,
other than a restaurant, located within the state that sells prepared
food.  
   (m) "State facility" means a building, structure, or vehicle owned
or operated by the state or its agencies, departments, or integrated
waste franchisee, that is located within the state. 

   (n) 
    (k)  "Take-out food container" means a container used to
contain food taken "to go" from a  restaurant or retail
 food vendor, including left-over food from meals eaten on
the premises  of a restaurant  and food packaged to
be eaten outside the premises of the  restaurant or retail
 food vendor.
   49761.  (a) Except as provided in  paragraph (1) of
 subdivision (b), a food vendor  , restaurant, or
retail food vendor  shall not dispense prepared food to a
customer in a disposable  expanded  polystyrene food
container, a disposable nonrecyclable plastic food container, or a
disposable nonrecycled  content  paper container. 
   (b) (1) (A) A food vendor, restaurant, or retail food vendor

    (b)     A food vendor  may dispense
prepared food to a customer in a compostable plastic container in a
jurisdiction where organic waste is collected curbside for
composting. 
   (B) To comply with subparagraph (A), a compostable plastic
container shall be labeled with the number "7" resin code established
by the American Chemistry Council and clearly labeled as
"compostable meeting ASTM D6400."  
   (2) A food vendor, restaurant, or retail food vendor may dispense
prepared food in a recyclable plastic food container or a recycled
paper container.  
   (c) (1) A state facility shall not use a polystyrene foam or
expanded polystyrene foam food service container.  
   (2) A state department or agency shall not purchase or acquire
polystyrene foam or expanded polystyrene foam disposable food service
ware for use at state facilities.  
   (d) A state-managed concession, state-sponsored event, or event
with a permit issued by the state shall not distribute or utilize
disposable food service ware containing expanded polystyrene,
polystyrene, nonrecyclable plastic, or nonrecycled paper. 

   (e) An agent, contractor, or vendor doing business with the state
shall not use polystyrene foam, expanded polystyrene foam,
nonrecycled paper, or nonrecyclable plastic disposable food service
ware in state facilities or on state projects within the state.
 
   49762.  The Legislature finds and declares that the matters
addressed in this chapter are matters of statewide concern. 

    49763.   49762.   If a section,
subdivision, sentence, clause, or phrase of this chapter is held to
be invalid or unconstitutional by a court of competent jurisdiction,
the decision shall not affect the validity of the remaining portions
of this chapter. The Legislature finds and declares that it would
have passed this chapter and each and every section, subdivision,
sentence, clause, and phrase not declared invalid or unconstitutional
without regard to whether any portion of the chapter subsequently
would be declared invalid or unconstitutional. 
   49763.  This chapter does not preempt the authority of a county,
city, or city and county to adopt and enforce additional single-use
take-out food packaging ordinances, regulations, or policies that are
more restrictive than the applicable standards required by this
chapter.