BILL ANALYSIS �
AB 837
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 837 (Nestande)
As Amended June 7, 2012
Majority vote
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|ASSEMBLY: |57-14|(June 2, 2011) |SENATE: |21-19|(August 20, |
| | | | | |2012) |
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Original Committee Reference: NAT. RES.
SUMMARY : Establishes documentation requirements for recycled
content claims for plastic food container products.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Define "plastic food container product" as a product made from
plastic that includes a tray, clamshell container, or other
receptacle that is used, or intended to be used, to hold food.
2)Require a manufacturer or supplier making an environmental
marketing claim relating to the recycled content of a plastic
food container product to maintain information and
documentation of:
a) The recycled content for materials that has been
recovered of otherwise diverted from the solid waste stream
during the manufacturing process (preconsumer) or after
consumer use (postconsumer); and,
b) The recycled content claim conforms with the uniform
standards for recycled content contained in the Federal
Trade Commission Guides for the Use of Environmental
Marketing Claims.
3)Require a manufacturer or supplier to furnish this information
to any member of the public upon request or to provide the
information by furnishing a link to a document on its Web
site.
4)Sunset the bill's provisions on January 1, 2018.
AB 837
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EXISTING LAW :
1)Imposes civil liability and criminal penalties for any
unlawful, unfair, or fraudulent business act or any unfair,
deceptive, untrue, or misleading advertising.
2)Requires plastic products sold in the state and labeled as
"compostable," "home compostable," or "marine degradable" to
meet the applicable American Society for Testing and Materials
standards. Prohibits the sale of plastic products labeled
"biodegradable," "degradable," "decomposable," or any
variation of those terms. Authorizes a city, county, or the
state to impose civil liability in the amount of $500 for the
first violation of this law, $1,000 for the second violation,
and $2,000 for the third and any subsequent violation.
AS PASSED BY THE ASSEMBLY , this bill:
1)Required a manufacturer or supplier to provide information and
documentation verifying the recycling content of a plastic
food or beverage container within 90 days of a request for
such information made by a member of the public or a state
agency.
2)Defined "manufacturer" as a person, firm, association,
partnership, or corporation that produces a plastic food or
beverage container.
3)Defined "supplier" as a person who purchases plastic food or
beverage containers for sale or distribution in this state.
4)Authorized a city, county, or the state to impose civil
liability in the amount of $500 for the first violation of the
bill, $1,000 for the second violation, and $2,000 for the
third and any subsequent violation.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, this bill has
negligible state costs.
COMMENTS : According to the author, this bill promotes truth in
advertising and helps stop the practice of "greenwashing."
AB 837
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Greenwashing refers to a false or inaccurate suggestion that
products, brands or corporate policies are environmentally
preferable to other products. Existing state law prohibits a
person from falsely labeling a plastic product as compostable or
biodegradable. In a similar way, this bill would prohibit a
person from falsely advertising the recycled content of a
plastic food container.
The Integrated Waste Management Act and Global Warming Solutions
Act establish policies that support recycling for the purpose of
diverting waste from landfills and reducing greenhouse gas
emissions. Many California consumers consciously advance these
policies by supporting companies that manufacture products made
from recycled materials. This bill protects these conscientious
consumers by deterring fraud in the marketplace. This bill also
promotes a level playing field among producers of plastic food
containers.
Under federal law, unfair or deceptive acts or practices in or
affecting commerce are declared unlawful. The Federal Trade
Commission has published guidelines that help explain how the
guidelines apply to environmental advertising and marketing,
such as claims regarding degradability and recycling content.
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092
FN: 0004398