Senate BillNo. 509


Introduced by Senator DeSaulnier

February 21, 2013


An act to amend Section 42357 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

SB 509, as introduced, DeSaulnier. Plastic products: labeling

 Existing law prohibits the sale of a plastic product, including plastic bags, labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets certain specifications or certifications, or a standard adopted by the Department of Resources Recycling and Recovery. Existing law also prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified.

This bill would make a technical nonsubstantive change to those provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 42357 of the Public Resources Code is
2amended to read:

3

42357.  

(a) (1) Except as provided in paragraph (3), a person
4shall not sell a plastic product in this state that is labeled with the
5term “compostable,” “home compostable,” or “marine degradable”
6unless, at the time of sale, the plastic product meets the applicable
7ASTM standard specification, as specified in paragraph (1) of
P2    1subdivision (b) of Section 42356 or the Vincotte OK Compost
2HOME certification, as provided in paragraph (4).

3(2) Compliance with only a sectionbegin insert of,end insert or a portion of a section
4ofbegin insert,end insert an applicable ASTM standard specification does not constitute
5compliance with paragraph (1).

6(3) Notwithstanding paragraph (1), a person may sell a plastic
7product in this state that is labeled with a qualified claim for a term
8specified in paragraph (1), if the plastic product meets the relevant
9standard adopted by the department pursuant to Section 42356.2.

10(4) (A) A plastic product shall not be labeled with the term
11“home compostable” unless the manufacturer of that plastic product
12holds a Vincotte OK Compost HOME certificate of conformity
13with regard to that product, except as provided in subparagraph
14(B) or (C).

15(B) Notwithstanding paragraph (1), if the ASTM adopts a
16standard specification for the term “home compostable” on or
17before January 1, 2016, and the department determines that the
18ASTM standard specification is at least equal to, or more stringent
19than, the OK Compost HOME certification, a plastic product
20labeled with the term “home compostable” shall meet that ASTM
21standard specification. The department may also take the actions
22specified in Section 42356.1 with regard to an ASTM standard for
23home compostability.

24(C) If the department adopts a standard pursuant to Section
2542356.2, a plastic product labeled with the term “home
26compostable” shall meet that standard and not the standard
27specified in subparagraph (A) or (B).

28(b) Except as provided in subdivision (a), a person shall not sell
29a plastic product in this state that is labeled with the term
30“biodegradable,” “degradable,” or “decomposable,” or any form
31of those terms, or in any way imply that the plastic product will
32break down, fragment, biodegrade, or decompose in a landfill or
33other environment.

34(c) A manufacturer or supplier, upon the request of a member
35of the public, shall submit to that member, within 90 days of the
36request, information and documentation demonstrating compliance
37with this chapter, in a format that is easy to understand and
38scientifically accurate.

39(d)  A product that is in compliance with this chapter shall not,
40solely as a result of that compliance, be deemed to be in compliance
P3    1with any other applicable marketing requirement or guideline
2established under state law or by the Federal Trade Commission.



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