California Senate Bill SB1383 Amended / Bill

 BILL NUMBER: SB 1383AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 16, 2014 AMENDED IN SENATE MARCH 25, 2014 INTRODUCED BY Senator Hueso FEBRUARY 21, 2014 An act to amend Section 42357 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST 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 would  require the Department   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  upon   , if  the American Society for Testing and Materials  adopting   adopts  that standard.  The   If the director adopts the ASTM standard specification, the  bill would prohibit a person from selling in the state agricultural mulch film, as defined, labeled as biodegradable unless it meets  this standard.   that ASTM standard specification.  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 42357 of the Public Resources Code is amended to read: 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term "compostable," "home compostable,"  or "marine degradable"   "marine degradable," or "soil biodegradable"  unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356  or   ,  the Vincotte OK Compost HOME certification, as provided in paragraph  (4).   (4), or as provided in subdivision (e).  (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) or (e), 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. (e) (1)  Upon the   If the  ASTM  adoption of   adopts  a standard for Work Item ASTM WK29802, New Specification for Aerobically Biodegradable Plastics in Soil Environment in the Temperate Zone, the  department shall   director may  adopt that  ASTM  standard  specification  . (2) A person may sell agricultural mulch film labeled with the term "biodegradable"  only  if it meets  the   an ASTM  standard  specification  that the  department   director  has adopted pursuant to paragraph (1). (3) For purposes of this subdivision, "agricultural mulch film" means film plastic that is used as a technical tool in commercial farming applications.