BILL NUMBER: SB 228 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator DeSaulnier
FEBRUARY 23, 2009
An act to add Section 42357.5 to the Public Resources Code,
relating to plastic bags.
LEGISLATIVE COUNSEL'S DIGEST
SB 228, as amended, DeSaulnier. Plastic bags: compostable
or marine degradable plastic bags.
The California Integrated Waste Management Act of 1989,
administered by the California Integrated Waste Management Board,
prohibits a person from selling a plastic bag in this state that is
labeled with the term "compostable" or "marine degradable" unless, at
the time of sale, the plastic bag meets specified standards for
those types of bags.
This bill would require , beginning July 1, 2010, a
manufacturer of a marine degradable or compostable
plastic bag meeting those standards to ensure that the
marine degradable or compostable plastic bag is readily and
easily identifiable from other plastic bags. The bill would define
"readily and easily identifiable."
identifiable," to include labeling with a boardapproved certification
logo. The bill would prohibit a compostable plastic bag sold
in the state from displaying a chasing arrow resin identification
code or recycling type of symbol in any form. The bill would
require the manufacturers or suppliers of compostable bags to submit
a yearly report to the board containing certain information, subject
those manufacturers or suppliers to audit by the board, and require
the board to refer a false or misleading certification or other
information reported by those manufacturers or suppliers to the
Attorney General for prosecution.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42357.5 is added to the Public Resources Code,
to read:
42357.5. (a) Beginning July 1, 2010, a manufacturer of a
marine degradable or compostable plastic bag meeting an
ASTM standard specification specified in paragraph (1) of subdivision
(b) of Section 42356 or Section 42356.1 shall ensure that
the marine degradable or compostable plastic bag
is readily and easily identifiable from other plastic bags.
(b) For purposes of this section, "readily and easily identifiable"
means labeling that meets both of the following requirements:
(1) Labeled with a recognized certification logo, such as the
Biodegradable Products Institute logo, as meeting the ASTM D6400 or
D7081 standard specification.
(1) Labeled with a boardapproved certification logo indicating the
bag meets the ASTM D6400 standard specification if the bag has been
certified as meeting that standard.
(2) Labeled in accordance with one of the following:
(A) The bag is made of a uniform color of green and labeled with
the word "compostable" on one side of the bag, and the label shall be
at least one inch in height.
(B) Labeled with the word "compostable" on both sides of the bag
and the label shall be one of the following:
(i) Green color lettering at least one inch in height.
(ii) Within a contrasting green color band of at least one inch in
height on both sides of the bag with color contrasting lettering of
at least one-half inch in height.
(c) A compostable plastic bag sold in the state shall not display
a chasing arrow resin identification code or recycling type of symbol
in any form.
(d) (1) Each manufacturer or supplier of a compostable bag shall
submit a report to the board containing the certification required by
this section for the preceding calendar year, together with any
other information that the board may require.
(2) Each manufacturer or supplier required to provide
certification or any information pursuant to this section shall be
subject to audit by the board.
(3) If a manufacturer or supplier provides the board with a false
or misleading certification or other information, the board, within
30 days of determining that fact, shall refer the false or misleading
certification to the Attorney General for prosecution for fraud.