Senate Bill No. 509

Introduced by Senator Hueso

February 26, 2015

An act to amend Sections 42356 and 42357 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law prohibits the sale of a plastic product labeled as “compostable,” “home compostable,” or “marine degradable” unless it meets a certain specification, certification, or standard and prohibits the sale of a plastic product that is labeled as “biodegradable,” “degradable,” “decomposable,” or as otherwise specified. The term “plastic product” is defined for purposes of these prohibitions.

This bill would authorize the labeling of commercial agricultural mulch film, as defined, sold in the state as “soil biodegradable” if it meets a specified standard for biodegradability of plastics adopted by ASTM International and that standard is also adopted by the Director of Resources Recycling and Recovery. The bill also would make nonsubstantive changes relating to the definition of ASTM International.

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

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

SECTION 1.  

Section 42356 of the Public Resources Code is
amended to read:

42356.  

For purposes of this chapter, the following definitions
apply:

(a) “ASTM” means begin insert ASTM International, which was formerly
known end insert begin insert as end insert the American Society for Testing and Materials.

(b) (1) “ASTM standard specification” means one of the
following:

(A) The ASTM Standard Specification for Compostable Plastics
D6400, as published in September 2004, except as provided in
subdivision (c) of Section 42356.1.

(B) The ASTM Standard Specification for Non-Floating
Biodegradable Plastics in the Marine Environment D7081, as
published in August 2005, except as provided in subdivision (c)
of Section 42356.1.

(C) The ASTM Standard Specification for Biodegradable
Plastics Used as Coatings on Paper and Other Compostable
Substrates D6868, as published in August 2003, except as specified
in subdivision (c) of Section 42356.1.

(2) “ASTM standard specification” does not include an ASTM
Standard Guide, a Standard Practice, or a Standard Test Method.

(c) “Department” means the Department of Resources Recycling
and Recovery.

(d) “Manufacturer” means a person, firm, association,
partnership, or corporation that produces a plastic product.

(e) “OK home compost” means conformity with the existing
Vincotte certification “OK Compost HOME certification” which,
as of January 1, 2011, uses European Norm 13432 standard adapted
to low-temperature composting in accordance with the Vincotte
program “OK 2-Home Compostability of Products.”

(f) “Plastic product” means a product made of plastic, whether
alone or in combination with other material, including, but not
limited to, paperboard. A plastic product includes, but is not limited
to, any of the following:

(1) (A) A consumer product.

(B) For purposes of this paragraph, “consumer product” means
a product or part of a product that is used, bought, or leased for
use by a person for any purpose.

(2) A package or a packaging component.

(3) A bag, sack, wrap, or other thin plastic sheet film product.

(4) A food or beverage container or a container component,
including, but not limited to, a straw, lid, or utensil.

(g) “Supplier” means a person who does one or more of the
following:

(1) Sells, offers for sale, or offers for promotional purposes, a
plastic product that is used.

(2) Takes title to a plastic product, produced either domestically
or in a foreign country, that is purchased for resale or promotional
purposes.

(h) “Vincotte certification” means a certification of a European
norm (EN) standard adopted by the Belgian-accredited inspection
and certification organization Vincotte.

SEC. 2.  

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 begin delete 42356 end delete begin insert 42356, end insert or the Vincotte OK
Compost HOME certification, as provided in paragraph (4).

(2) Compliance with only a section 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 begin delete the end delete 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 begin delete (a), end delete begin insert (a) or (e), end insert 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.

begin insert

(e) (1) If ASTM adopts a standard for Work Item ASTM
WK29802, New Specification for Aerobically Biodegradable
Plastics in Soil Environment in the Temperate Zone, the director
may adopt that ASTM standard specification.

end insert begin insert

(2) A person may sell commercial agricultural mulch film
labeled with the term “soil biodegradable” only if it meets an
ASTM standard specification that the director has adopted
pursuant to paragraph (1).

end insert begin insert

(3) For purposes of this subdivision, “commercial agricultural
mulch film” means film plastic that is used as a technical tool in
commercial farming applications.

end insert