SB 1383, as amended, Hueso. 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 wouldbegin delete require the Departmentend deletebegin insert additionally prohibit the sale of a plastic product labeled as “soil biodegradable” and would authorize the Directorend insert of Resources Recycling and Recovery to adopt a specified standard for the biodegradability of plasticsbegin delete
uponend deletebegin insert, ifend insert the American Society for Testing and Materialsbegin delete adoptingend deletebegin insert adoptsend insert that standard.begin delete Theend deletebegin insert If the director adopts the ASTM standard specification, theend insert bill would prohibit a person from selling in the state agricultural mulch film, as defined, labeled as biodegradable unless it meetsbegin delete this standard.end deletebegin insert that ASTM standard specification.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 42357 of the Public Resources Code is
2amended to read:
(a) (1) Except as provided in paragraph (3), a person
4shall not sell a plastic product in this state that is labeled with the
5term “compostable,” “home compostable,”begin delete or “marine degradable”end delete
6begin insert “marine degradable,” or “soil biodegradable”end insert unless, at the time
7of sale, the plastic product meets the applicable ASTM standard
8specification, as specified in paragraph (1) of subdivision (b) of
9Section 42356begin delete orend deletebegin insert,end insert
the Vincotte OK Compost HOME certification,
10as provided in paragraphbegin delete (4).end deletebegin insert (4), or as provided in subdivision
11(e).end insert
12(2) Compliance with only a section or a portion of a section of
13an applicable ASTM standard specification does not constitute
14compliance with paragraph (1).
15(3) Notwithstanding paragraph (1), a person may sell a plastic
16product in this state that is labeled with a qualified claim for a term
17specified in paragraph (1), if the plastic product meets the relevant
18standard adopted by the department pursuant to Section 42356.2.
19(4) (A) A plastic product shall not be labeled with the term
20“home compostable” unless the manufacturer of that plastic product
21holds a Vincotte OK Compost HOME certificate of conformity
22with regard to that product, except as provided in subparagraph
23(B) or (C).
24(B) Notwithstanding paragraph (1), if the ASTM adopts a
25standard specification for the term “home compostable” on or
26before January 1, 2016, and the department determines that the
27ASTM standard specification is at least equal to, or more stringent
28than, the OK Compost HOME certification, a plastic product
29labeled with the term “home compostable” shall meet that ASTM
30standard specification. The department may also take the actions
31specified in Section 42356.1 with regard to an ASTM standard for
32home compostability.
33(C) If the department adopts a standard pursuant to Section
3442356.2, a plastic product labeled with the term “home
35compostable” shall meet that standard and not the standard
36specified in subparagraph (A) or (B).
37(b) Except as provided in subdivision (a) or (e), a person shall
38not sell a plastic product in this state that is labeled with the term
P3 1“biodegradable,” “degradable,” or “decomposable,” or any form
2of those terms, or in any way imply that the plastic product will
3break down, fragment, biodegrade, or decompose in a landfill or
4other environment.
5(c) A manufacturer or supplier, upon the request of a member
6of the public, shall submit to that member, within 90 days of the
7request, information and documentation
demonstrating compliance
8with this chapter, in a format that is easy to understand and
9scientifically accurate.
10(d) A product that is in compliance with this chapter shall not,
11solely as a result of that compliance, be deemed to be in compliance
12with any other applicable marketing requirement or guideline
13established under state law or by the Federal Trade Commission.
14(e) (1) begin deleteUpon the end deletebegin insertIf the end insertASTMbegin delete adoption ofend deletebegin insert
adoptsend insert a standard
15for Work Item ASTM WK29802, New Specification for
16Aerobically Biodegradable Plastics in Soil Environment in the
17Temperate Zone, thebegin delete department shallend deletebegin insert director mayend insert adopt that
18begin insert ASTMend insert standardbegin insert specificationend insert.
19(2) A person may sell agricultural mulch film labeled with the
20term “biodegradable”begin insert onlyend insert if it meetsbegin delete theend deletebegin insert
an ASTMend insert standard
21begin insert
specificationend insert that thebegin delete departmentend deletebegin insert directorend insert has adopted pursuant to
22paragraph (1).
23(3) For purposes of this subdivision, “agricultural mulch film”
24means film plastic that is used as a technical tool in commercial
25farming applications.
O
97