BILL NUMBER: SB 509	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 42357 of the Public Resources Code is amended
to read:
   42357.  (a) (1) Except as provided in paragraph (3), a person
shall not sell a plastic product in this state that is labeled with
the term "compostable," "home compostable," or "marine degradable"
unless, at the time of sale, the plastic product meets the applicable
ASTM standard specification, as specified in paragraph (1) of
subdivision (b) of Section 42356 or the Vincotte OK Compost HOME
certification, as provided in paragraph (4).
   (2) Compliance with only a section  of,  or a portion of
a section of  ,  an applicable ASTM standard specification
does not constitute compliance with paragraph (1).
   (3) Notwithstanding paragraph (1), a person may sell a plastic
product in this state that is labeled with a qualified claim for a
term specified in paragraph (1), if the plastic product meets the
relevant standard adopted by the department pursuant to Section
42356.2.
   (4) (A) A plastic product shall not be labeled with the term "home
compostable" unless the manufacturer of that plastic product holds a
Vincotte OK Compost HOME certificate of conformity with regard to
that product, except as provided in subparagraph (B) or (C).
   (B) Notwithstanding paragraph (1), if the ASTM adopts a standard
specification for the term "home compostable" on or before January 1,
2016, and the department determines that the ASTM standard
specification is at least equal to, or more stringent than, the OK
Compost HOME certification, a plastic product labeled with the term
"home compostable" shall meet that ASTM standard specification. The
department may also take the actions specified in Section 42356.1
with regard to an ASTM standard for home compostability.
   (C) If the department adopts a standard pursuant to Section
42356.2, a plastic product labeled with the term "home compostable"
shall meet that standard and not the standard specified in
subparagraph (A) or (B).
   (b) Except as provided in subdivision (a), a person shall not sell
a plastic product in this state that is labeled with the term
"biodegradable," "degradable," or "decomposable," or any form of
those terms, or in any way imply that the plastic product will break
down, fragment, biodegrade, or decompose in a landfill or other
environment.
   (c) A manufacturer or supplier, upon the request of a member of
the public, shall submit to that member, within 90 days of the
request, information and documentation demonstrating compliance with
this chapter, in a format that is easy to understand and
scientifically accurate.
   (d)  A product that is in compliance with this chapter shall not,
solely as a result of that compliance, be deemed to be in compliance
with any other applicable marketing requirement or guideline
established under state law or by the Federal Trade Commission.