BILL ANALYSIS Ó
AB 837
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Date of Hearing: May 27, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 837 (Nestande) - As Amended: May 11, 2011
Policy Committee: Natural
ResourcesVote:7-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits the sale of a plastic food or beverage
container falsely advertised as having a specific recycled
content. Specifically, this bill:
1)Prohibits a manufacturer or supplier from selling a plastic
food or beverage container advertised as having a specific
recycled content unless the manufacturer or supplier is able
to certify the claim in a format that is easy to understand
and scientifically accurate.
2)Requires the manufacturer or supplier, upon request of a
member of the public or a state agency, to provide that person
or state agency with, within 90 days of request, easily
understandable and scientifically accurate information
demonstrating the recycled content claim.
3)Authorizes a city, county or the state to impose a civil
liability in the amount of $500, $1,000 and $2,000 for a
first, second and subsequent violations, respectively.
4)Directs civil penalty amounts to the local office or the
Attorney General, whichever brought the action, and subjects
monies to the Attorney General to appropriation for use to
enforce this chapter.
5)States that costs incurred by a state agency to carry out this
bill are recoverable by the Attorney General, at the agency's
request, from the liable person or persons.
FISCAL EFFECT
AB 837
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1)Minor penalty revenue, likely less than $25,000 annually
starting in 2011-12, to the Department of Justice resulting
from imposition of these civil penalties. (GF)
2)Minor penalty revenue, likely less than $50,000 annually
statewide starting in 2011-12, to the offices of city
attorneys, city prosecutors, and district attorneys. (Local
accounts.)
COMMENTS
1)Rationale. The author contends that environmental marketing
claims should be verifiably true and accurate to avoid
misleading or deceiving consumers.
2)Background. Existing law prohibits a person from selling a
food or beverage container that is labeled "compostable" or
"marine degradable," unless the container meets specific
American Society for Testing and Materials (ASTM) standards.
Similar to the provisions of this bill, statute authorizes a
city, county, or the state to impose civil liability in the
amount of $500 for the first violation of this law, $1,000 for
the second violation, and $2,000 for the third and any
subsequent violation.
3)There is no formal support registered to this bill.
4)Opposition. This bill is opposed by California Nevada Soft
Drink Association and the Grocery Manufacturers Association,
whose members are potentially liable under this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081