BILL NUMBER: AB 837 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2011
AMENDED IN ASSEMBLY MAY 11, 2011
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Nestande
FEBRUARY 17, 2011
An act to add Chapter 5.9 (commencing with Section 42360) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 837, as amended, Nestande. Solid waste: plastic food
and beverage containers.
Existing law requires rigid plastic packaging containers sold or
offered for sale in this state to meet specified criteria, including,
but not limited to, that the container be made from 25% postconsumer
material. Existing law prohibits a person from selling a plastic
food or beverage container that is labeled as "biodegradable,"
"compostable," "degradable," or as otherwise specified, unless, at
the time of the sale, the container meets the ASTM standard
specification for compostable plastics, as specified, for the term
used on the label.
This bill would define terms and would prohibit a manufacturer or
supplier from selling a plastic food or beverage
container in this state that is advertised with a specific recycled
content amount unless the manufacturer or supplier is able to provide
certification of the stated recycled content in a format that is
easy to understand and scientifically accurate. A
manufacturer or supplier would be required to provide this
information within 90 days from the date of a request by a member of
the public or state agency or to post a link to a document on
its Internet Web site containing this information .
The bill would authorize a city, a county, or
the state to impose civil liability for a violation of the bill's
requirements and would require the penalties collected by the
Attorney General to be expended by the Attorney General, upon
appropriation by the Legislature, to enforce the above prohibition.
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. Chapter 5.9 (commencing with Section 42360) is added to
Part 3 of Division 30 of the Public Resources Code, to read:
CHAPTER 5.9. PLASTIC FOOD OR BEVERAGE
CONTAINER RECYCLED CONTENT
42360. The Legislature finds and declares that it is the public
policy of the state that environmental marketing claims, whether
explicit or implied, should be substantiated by competent and
reliable evidence to prevent deceiving or misleading consumers about
the recycled content of plastic food or beverage
containers.
42361. For purposes of this chapter, the following definitions
apply:
(a) "Advertise" means an advertisement, promotional material
posted on the Internet, or any other sales or promotional material
made available to the public.
(a) "Plastic food or beverage
(b) "Plastic food
container" means a plastic package, including, but not limited to, a
bottle, carton, clamshell container, or other receptacle, for sale or
distribution in the state, that meets both of the following
conditions:
(1) Is intended to be used to contain food or drink
items.
(2) Has a relatively inflexible finite shape or form.
(b)
(c) "Manufacturer" means a person, firm, association,
partnership, or corporation that produces a plastic food or
beverage container.
(c)
(d) "Postconsumer material" has the same meaning as
defined in Section 42301.
(d)
(e) "Postindustrial material" means a material
generated by an original manufacturing and fabrication process.
(e)
(f) "Recycled content" means the total amount of
postconsumer material and postindustrial material in a plastic food
or beverage container, expressed as a percentage
of the total amount of material in that plastic container.
(f)
(g) "Sale" means a sale that is not a retail sale, as
defined in Section 6007 of the Revenue and Taxation Code.
(g)
(h) "Supplier" means a person who purchases plastic
food or beverage containers for sale or
distribution in this state.
42362. (a) A manufacturer or supplier shall not sell a plastic
food or beverage container in this state that is
advertised with a specific recycled content amount unless the
manufacturer or supplier is able to provide certification of that
claim in a format that is easy to understand and
scientifically accurate.
(b) A manufacturer or supplier, upon the request of a member of
the public or a state agency, shall submit to that member or state
agency, within 90 days of the request, information and documentation
demonstrating compliance with subdivision (a).
(c) A manufacturer or supplier is in compliance with this section
if it provides a link to a document on its Internet Web site
containing the certification information and documentation required
pursuant to subdivision (a).
42363. (a) A city, a county, or the The
state may impose civil liability in the amount of five hundred
dollars ($500) for the first violation of this chapter, one thousand
dollars ($1,000) for the second violation of this chapter, and two
thousand dollars ($2,000) for the third and any subsequent violation
of this chapter.
(b) Civil penalties collected pursuant to subdivision (a) shall be
paid to the office of the city attorney, city prosecutor,
district attorney, or Attorney General, whichever office brought the
action. paid to the Attorney General. The
penalties collected pursuant to this section by the Attorney General
may be expended by the Attorney General, upon appropriation by the
Legislature, to enforce this chapter.
(c) The remedies provided by this section are not exclusive and
are in addition to the remedies that may be available pursuant to
Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of
the Business and Professions Code.
(d) Costs incurred by a state agency in carrying out this chapter
shall be recoverable by the Attorney General, upon the request of the
state agency, from the liable person or persons.