BILL NUMBER: AB 837	CHAPTERED
	BILL TEXT

	CHAPTER  525
	FILED WITH SECRETARY OF STATE  SEPTEMBER 25, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2012
	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  JUNE 7, 2012
	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 17, 2011

   An act to add and repeal Section 42357.6 of the Public Resources
Code, relating to solid waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 837, Nestande. Solid waste: plastic products.
   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, on and after January 1,
2013, from selling a plastic product that is labeled as
"biodegradable," "compostable," "degradable," or as otherwise
specified, unless, at the time of the sale, the product meets the
applicable ASTM standard specification or other specified
certification requirements. These provisions are generally
administered by the Department of Resources Recycling and Recovery,
and a city, a county, or the state may impose civil liability for a
violation.
   This bill would require a manufacturer or supplier making an
environmental marketing claim relating to the recycled content of a
plastic food container product, as defined, to maintain certain
information and documentation in support of that claim. The bill
would require a manufacturer or supplier to furnish this information
to any member of the public upon request or to provide the
information and documentation by furnishing a link to a document on
its Internet Web site. The bill would repeal these requirements on
January 1, 2018.


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

  SECTION 1.  Section 42357.6 is added to the Public Resources Code,
to read:
   42357.6.  (a) For purposes of this section, "plastic food
container product" means a product made of plastic that includes a
tray, clamshell container, or other receptacle and that is used, or
intended to be used, to hold food.
   (b) A manufacturer or supplier making an environmental marketing
claim relating to the recycled content of a plastic food container
product shall maintain information and documentation, which shall be
in written form in its records, of both of the following in support
of that claim:
   (1) The recycled content for materials has been recovered or
otherwise diverted from the solid waste stream either during the
manufacturing process (preconsumer) or after consumer use
(postconsumer).
   (2) The recycled content claim conforms with the uniform standards
for recycled content contained in the Federal Trade Commission
Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part
260).
   (c) A manufacturer or supplier shall furnish the information and
documentation that it is required to maintain pursuant to this
section to any member of the public upon request or provide the
information and documentation by furnishing a link to a document on
its Internet Web site containing the information and documentation.
   (d) This section does not limit the requirements of this chapter
or any other provision of law.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.