Senate Bill No. 1383

Introduced by Senator Hueso

February 21, 2014

An act to amend Sections 42356, 42356.1, 42356.2, 42357, and 42357.5 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

SB 1383, as introduced, Hueso. Recycling: 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 permit the sale of agricultural mulch film, as defined, that is labeled as biodegradable, or labeled as otherwise specified, if the product biodegrades in soil after being used and meets other specified conditions. The bill would also make conforming changes.

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:

begin insert

(a) “Agricultural mulch film” means film plastic that is used
as a technical tool in commercial farming applications.

end insert begin delete

(a)

end delete

begin insert ( end insert begin insert b) end insert  “ASTM” means the American Society for Testing and
Materials.

begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  (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.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  “Department” means the Department of Resources Recycling
and Recovery.

begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  “Manufacturer” means a person, firm, association,
partnership, or corporation that produces a plastic product.

begin delete

(e)

end delete

begin insert ( end insert begin insert f) end insert  “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.”

begin insert

(g) “OK soil biodegradable soil” means a product that conforms
with the existing Vincotte certification OK biodegradable soil
certification, as in effect on January 1, 2011.

end insert begin delete

(f)

end delete

begin insert ( end insert begin insert h) end insert  “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.

begin delete

(g)

end delete

begin insert ( end insert begin insert i) end insert  “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.

begin delete

(h)

end delete

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

SEC. 2.  

Section 42356.1 of the Public Resources Code is
amended to read:

42356.1.  

(a) If an ASTM standard specification specified in
paragraph (1) of subdivision begin delete (b) end delete begin insert (c) end insert of Section 42356 is
subsequently revised, the department shall review the new ASTM
standard specification as follows:

(1) If the department determines that the new standard, when
compared to the ASTM standard specification prior to its revision,
is more stringent and more protective of public health, public
safety, and the environment, and is reflective of and consistent
with state policies and programs, the department may adopt the
new standard.

(2) If the department determines that the new standard, when
compared to the ASTM standard specification prior to its revision,
is not as stringent and does not protect public health, public safety,
and the environment, and is not reflective of and consistent with
state policies and programs, the department shall not adopt the
new standard.

(b) If the ASTM, or any other entity, develops a new standard
specification or other applicable standard for any of the terms
prohibited under subdivision (a) of Section 42357, the department
may review the new standard and, if the department determines
that the new standard for the prohibited term, when compared to
the current ASTM standard in effect, is more stringent and more
protective of public health, public safety, and the environment,
and is reflective of and consistent with state policies and programs,
the department may make a recommendation to the Legislature.

(c) Compliance with a standard adopted pursuant to paragraph
(1) of subdivision (a) shall be deemed to be in compliance with
this chapter.

SEC. 3.  

Section 42356.2 of the Public Resources Code is
amended to read:

42356.2.  

The department may adopt an existing standard
different from an ASTM standard specification, as described in
paragraph (1) of subdivision begin delete (b) end delete begin insert (c) end insert of Section 42356, if all the
following conditions are met:

(a) The existing standard is adopted or developed by a
standard-setting organization recognized by the department,
including, but not limited to, the ASTM or another similar
organization.

(b) The existing standard adds qualifications to an ASTM
standard specification, as described in paragraph (1) of subdivision
begin delete (b) end delete begin insert (c) end insert of Section 42356, including, but not limited to, “home
compostable.”

(c) The department determines that the existing standard is more
stringent than the ASTM standard specification in paragraph (1)
of subdivision begin delete (b) end delete begin insert (c) end insert of Section 42356 which that existing standard
qualifies.

SEC. 4.  

Section 42357 of the Public Resources Code is
amended to read:

42357.  

(a) (1) Except as provided in paragraph (3) begin insert or
subdivision end insert begin insert (e) end insert , 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 begin delete (b) end delete begin insert (c) end insert of Section 42356
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 the 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 (a) begin insert 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)   A person may sell agricultural mulch film in this state that
is labeled as biodegradable, or labeled as otherwise specified in
subdivision (a) or (b), if the product biodegrades in soil after being
used, and satisfies both of the following conditions:

end insert begin insert

(1) The product meets the ASTM Standard Specification for
Compostable Plastics D6400.

end insert begin insert

(2) The product is one of the following:

end insert begin insert

(A) OK soil biodegradable soil.

end insert begin insert

(B) A product that achieves at least 90 percent biodegradation,
in either soil absolute or relative to microcrystalline cellulose, in
soil in less than two years, when tested according to the ISO
(International Organization for Standardization) Standard 17556
or the ASTM D5988 - 12 Standard Test Method for Determining
Aerobic Biodegradation of Plastic Materials in Soil.

end insert

SEC. 5.  

Section 42357.5 of the Public Resources Code is
amended to read:

42357.5.  

(a) A manufacturer of a compostable plastic bag
meeting an ASTM standard specification specified in paragraph
(1) of subdivision begin delete (b) end delete begin insert (c) end insert 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 Regulations).

(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) A manufacturer is required to comply with 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).