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 additionally prohibit the sale of a plastic product labeled as “soil biodegradable” and would authorize the Director of Resources Recycling and Recovery to adopt a specified standard for the biodegradability of plastics, if the American Society for Testing and Materials adopts that standard. If the director adopts the ASTM standard specification, the bill would prohibit a person from selling in the stateend deletebegin insert
authorize the labeling of commercialend insert agricultural mulch film, as defined,begin delete labeledend deletebegin insert sold in the stateend insert asbegin delete biodegradable unlessend deletebegin insert “soil biodegradableend insertbegin insert” ifend insert it meetsbegin delete that ASTMend deletebegin insert a specifiedend insert standardbegin delete specification.end deletebegin insert
for biodegradability of plastics adopted by the American Society for Testing and Materials and that standard is also adopted by the Director of Resources Recycling and Recovery.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 “marine degradable,” begin insert or “marine degradableend insertbegin insert”end insert unless, at the
6or “soil biodegradable”end delete
7time of sale, the plastic product meets the applicable ASTM
8standard specification, as specified in paragraph (1) of subdivision
9(b) of Section 42356, the Vincotte OK Compost HOME
10certification, as provided in
paragraphbegin delete (4), or as provided in begin insert (4).end insert
11subdivision (e).end delete
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.
P3 1(C) If the department adopts a standard pursuant to
Section
242356.2, a plastic product labeled with the term “home
3compostable” shall meet that standard and not the standard
4specified in subparagraph (A) or (B).
5(b) Except as provided in subdivision (a) or (e), a person shall
6not sell a plastic product in this state that is labeled with the term
7“biodegradable,” “degradable,” or “decomposable,” or any form
8of those terms, or in any way imply that the plastic product will
9break down, fragment, biodegrade, or decompose in a landfill or
10other environment.
11(c) A manufacturer or supplier, upon the request of a member
12of the public, shall submit to that member, within 90 days of the
13request, information and documentation demonstrating compliance
14with this chapter, in a format that is easy to understand and
15scientifically
accurate.
16(d) A product that is in compliance with this chapter shall not,
17solely as a result of that compliance, be deemed to be in compliance
18with any other applicable marketing requirement or guideline
19established under state law or by the Federal Trade Commission.
20(e) (1) If the ASTM adopts a standard for Work Item ASTM
21WK29802, New Specification for Aerobically Biodegradable
22Plastics in Soil Environment in the Temperate Zone, the director
23may adopt that ASTM standard specification.
24(2) A person may sellbegin insert commercialend insert agricultural mulch film
25labeled with the termbegin delete “biodegradable”end deletebegin insert
“soil biodegradableend insertbegin insert”end insert only
26if it meets an ASTM standard
specification that the director has
27adopted pursuant to paragraph (1).
28(3) For purposes of this subdivision,begin delete “agriculturalend deletebegin insert “commercial
29agriculturalend insert mulch film” means film plastic that is used as a
30technical tool in commercial farming applications.
O
96