BILL NUMBER: SB 228	CHAPTERED
	BILL TEXT

	CHAPTER  406
	FILED WITH SECRETARY OF STATE  SEPTEMBER 28, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 28, 2010
	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN ASSEMBLY  AUGUST 18, 2010
	AMENDED IN ASSEMBLY  AUGUST 9, 2010
	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  JANUARY 25, 2010
	AMENDED IN SENATE  MAY 7, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 23, 2009

   An act to add Section 42357.5 to the Public Resources Code,
relating to plastic bags.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 228, DeSaulnier. Plastic bags: compostable plastic bags.
   The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
prohibits a person from selling a plastic bag in this state that is
labeled with the term "compostable" or "marine degradable" unless, at
the time of sale, the plastic bag meets specified standards for
those types of bags. The Guides for the Use of Environmental
Marketing Claims, as developed by the Federal Trade Commission,
provide the basis for voluntary compliance with Federal Trade
Commission Act provisions regulating environmental advertising and
marketing practices.
   This bill would require, beginning July 1, 2011, a manufacturer of
a compostable plastic bag meeting the specified standards to ensure
that the compostable plastic bag is "readily and easily identifiable,"
as the bill would define that term, from other plastic bags, in a
manner that is consistent with the Federal Trade Commission Guides
for the Use of Environmental Marketing Claims. The bill would
prohibit a compostable plastic bag sold or distributed in the state
from displaying a chasing arrow resin identification code or
recycling type of symbol in any form. A manufacturer would be
required to comply with these requirements only to the extent that
those labeling requirements do not conflict with the Federal Trade
Commission Guides for the Use of Environmental Marketing Claims.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42357.5 is added to the Public Resources Code,
to read:
   42357.5.  (a) Beginning July 1, 2011, a manufacturer of a
compostable plastic bag meeting an ASTM standard specification
specified in paragraph (1) of subdivision (b) of Section 42356 or
Section 42356.1 shall ensure that the compostable plastic bag is
readily and easily identifiable from other plastic bags in a manner
that is consistent with the Federal Trade Commission Guides for the
Use of Environmental Marketing Claims (Part 260 (commencing with
Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code
of Federal Regulations).
   (b) For purposes of this section, "readily and easily identifiable"
means labeling that meets both of the following requirements:
   (1) Labeled with a certification logo indicating the bag meets the
ASTM D6400 standard specification if the bag has been certified as
meeting that standard by a recognized third-party independent
verification.
   (2) Labeled in accordance with one of the following:
   (A) The bag is made of a uniform color of green and labeled with
the word "compostable" on one side of the bag, and the label shall be
at least one inch in height.
   (B) Labeled with the word "compostable" on both sides of the bag
and the label shall be one of the following:
   (i) Green color lettering at least one inch in height.
   (ii) Within a contrasting green color band of at least one inch in
height on both sides of the bag with color contrasting lettering of
at least one-half inch in height.
   (c) Notwithstanding paragraph (2) of subdivision (b), if the bag
is smaller than 14 inches by 14 inches, the lettering and stripe
shall be in proportion to the size of the bag.
   (d) A compostable plastic bag sold or distributed in the state
shall not display a chasing arrow resin identification code or
recycling type of symbol in any form.
   (e) A manufacturer is required to comply with this section only to
the extent that the labeling requirements of subdivisions (b), (c),
and (d) do not conflict with the Federal Trade Commission Guides for
the Use of Environmental Marketing Claims (Part 260 (commencing with
Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code
of Federal Regulations).