California Assembly Bill AB837 Amended / Bill

 BILL NUMBER: AB 837AMENDED 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.