BILL NUMBER: SB 228	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 9, 2010
	AMENDED IN ASSEMBLY  JUNE 21, 2010
	AMENDED IN SENATE  JANUARY 25, 2010
	AMENDED IN SENATE  MAY 7, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 23, 2009

   An act to add  Sections 40116.5 and   Section
 42357.5 to the Public Resources Code, relating to plastic
bags.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 228, as amended, DeSaulnier. Plastic bags: compostable plastic
bags.
   The California Integrated Waste Management Act of 1989,
administered by the Department of Resources Recycling and Recovery,
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.  The Guides for the Use of Environmental
Marketing Claims, as developed by the Federal Trade Commission,
provide the basis for voluntary compliance with Federal Trade
Commission Act provisions regulating environmental advertising and
marketing practices. 
   This bill would require, beginning July 1, 2011, a manufacturer of
a compostable plastic bag meeting  those   the
specified  standards to ensure that the compostable plastic bag
is "readily and easily identifiable," as the bill would define that
term, from other plastic bags  , in a manner that is consistent
with the Feder   al Trade Commission Guides for the Use of
Environmental Marketing Claims  . The bill would prohibit a
compostable plastic bag sold  or distributed  in the state
from displaying a chasing arrow resin identification code or
recycling type of symbol in any form.  The department would be
authorized to enforce these requirements only to the extent that
those labeling requirements do not conflict with the Federal Trade
Commission Guides for the Use of Environmental Marketing Claims.

   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 40116.5 is added to the
Public Resources Code, to read:
   40116.5.  "Department" means the Department of Resources Recycling
and Recovery. 
   SEC. 2.   SECTION 1.   Section 42357.5
is added to the Public Resources Code, to read:
   42357.5.  (a) Beginning July 1, 2011, a manufacturer of a
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 compostable plastic bag is
readily and easily identifiable from other plastic bags  in a
manner that is consistent with the Federal Trade Commission Guides
for the Use of Environmental Marketing Claims (Part 260 (commencing
with Section 260.1) of Subchapter B of Chapter I of Title 16 of the
Code of Federal Regul   ations), as those provisions read on
January 1, 2011  .
   (b) For purposes of this section, "readily and easily identifiable"
means labeling that meets both of the following requirements:
   (1) Labeled with a certification logo indicating the bag meets the
ASTM D6400 standard specification if the bag has been certified as
meeting that standard by a recognized third-party independent
verification.
   (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) Notwithstanding paragraph (2) of subdivision (b), if the bag
is smaller than 14 inches by 14 inches, the lettering and stripe
shall be in proportion to the size of the bag.
   (d) A compostable plastic bag sold or distributed in the state
shall not display a chasing arrow resin identification code or
recycling type of symbol in any form. 
   (e) The department may enforce this section only to the extent
that the labeling requirements of subdivisions (b), (c), and (d) do
not conflict with the Federal Trade Commission Guides for the Use of
Environmental Marketing Claims (Part 260 (commencing with Section
260.1) of Subchapter B of Chapter I of Title 16 of the Code of
Federal Regulations), as those provisions read on January 1, 2011.