BILL NUMBER: AB 837 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Nestande
FEBRUARY 17, 2011
An act to amend Section 42310 of the Public Resources
Code, relating An act to add Chapter 5.9 (commencing
with Section 42360) to Part 3 of Division 30 of the Public Resources
Code, relati ng to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 837, as amended, Nestande. Solid waste: plastic
packaging food and beverage containers.
Existing law requires rigid plastic packaging containers sold or
offered for sale in this state to meet specified criteria, including,
but not limited to, that the container be made from 25% postconsumer
material. Existing law prohibits a person from selling a
plastic food or beverage container that is labeled as "biodegradable,"
"compostable," "degradable," or as otherwise specified, unless, at
the time of the sale, the container meets the ASTM standard
specification for compostable plastics, as specified, for the term
used on the label.
This bill would make technical, nonsubstantive changes to
that provision. define terms and would prohibit a
manufacturer or supplier from selling a plastic food or
beverage container in this state that is advertised with a specific
recycled content amount unless the manufacturer or supplier is able
to provide certification of the stated recycled content in a format
that is easy to understand and scientifically accurate. A
manufacturer or supplier would be required to provide this
information within 90 days from the date of a request by a member of
the public or state agency.
The bill would authorize a city, a county, or the state to
impose civil liability for a violation of the bill 's
requirements and would require the penalties collected by the
Attorney General to be expended by the Attorney General, upon
appropriation by the Legislature, to enforce the above prohibition.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5.9 (commencing with Section
42360) is added to Part 3 of Division 30 of the Public
Resources Code , to read:
CHAPTER 5.9. PLASTIC FOOD OR BEVERAGE CONTAINER RECYCLED
CONTENT
42360. The Legislature finds and declares that it is the public
policy of the state that environmental marketing claims, whether
explicit or implied, should be substantiated by competent and
reliable evidence to prevent deceiving or misleading consumers about
the recycled content of plastic food or beverage containers.
42361. For purposes of this chapter, the following definitions
apply:
(a) "Plastic food or beverage container" means a plastic package,
including, but not limited to, a bottle, carton, clamshell container,
or other receptacle, for sale or distribution in the state, that
meets both of the following conditions:
(1) Is intended to be used to contain food or drink items.
(2) Has a relatively inflexible finite shape or form.
(b) "Manufacturer" means a person, firm, association, partnership,
or corporation that produces a plastic food or beverage container.
(c) "Postconsumer material" has the same meaning as defined in
Section 42301.
(d) "Postindustrial material" means a material generated by an
original manufacturing and fabrication process.
(e) "Recycled content" means the total amount of postconsumer
material and postindustrial material in a plastic food or beverage
container, expressed as a percentage of the total amount of material
in that plastic container.
(f) "Sale" means a sale that is not a retail sale, as defined in
Section 6007 of the Revenue and Taxation Code.
(g) "Supplier" means a person who purchases plastic food or
beverage containers from a manufacturer, for sale or distribution in
this state.
42362. (a) A manufacturer or supplier shall not sell a plastic
food or beverage container in this state that is advertised with a
specific recycled content amount unless the manufacturer or supplier
is able to provide certification of that claim in a format that is
easy to understand and scientifically accurate.
(b) A manufacturer or supplier, upon the request of a member of
the public or a state agency, shall submit to that member or state
agency, within 90 days of the request, information and documentation
demonstrating compliance with subdivision (a).
42363. (a) A city, a county, or the state may impose civil
liability in the amount of five hundred dollars ($500) for the first
violation of this chapter, one thousand dollars ($1,000) for the
second violation of this chapter, and two thousand dollars ($2,000)
for the third and any subsequent violation of this chapter.
(b) Civil penalties collected pursuant to subdivision (a) shall be
paid to the office of the city attorney, city prosecutor, district
attorney, or Attorney General, whichever office brought the action.
The penalties collected pursuant to this section by the Attorney
General may be expended by the Attorney General, upon appropriation
by the Legislature, to enforce this chapter.
(c) The remedies provided by this section are not exclusive and
are in addition to the remedies that may be available pursuant to
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code.
(d) Costs incurred by a state agency in carrying out this chapter
shall be recoverable by the Attorney General, upon the request of the
state agency, from the liable person or persons.
SECTION 1. Section 42310 of the Public Resources
Code is amended to read:
42310. Except as otherwise provided in this chapter, every rigid
plastic packaging container sold or offered for sale in this state
shall, on average, meet one of the following criteria:
(a) Be made from 25 percent postconsumer material.
(b) Have a recycling rate of 45 percent if it is a
product-associated rigid plastic packaging container or a single
resin type of rigid plastic packaging container, as demonstrated to
the department by the product maker, container manufacturer, or other
entity. The department may take appropriate action to verify the
demonstration, but the department is not required to expend state
funds to conduct a survey or calculate the rate.
(c) Be a reusable package or a refillable package.
(d) Be a source reduced container.
(e) Be a container containing floral preservative that is
subsequently reused by the floral industry for at least two years.