BILL NUMBER: SB 509INTRODUCED BILL TEXT INTRODUCED BY Senator DeSaulnier FEBRUARY 21, 2013 An act to amend Section 42357 of the Public Resources Code, relating to recycling. LEGISLATIVE COUNSEL'S DIGEST SB 509, as introduced, DeSaulnier. Plastic products: labeling Existing law prohibits the sale of a plastic product, including plastic bags, labeled as "compostable," "home compostable," or "marine degradable" unless it meets certain specifications or certifications, or a standard adopted by the Department of Resources Recycling and Recovery. Existing law also prohibits the sale of a plastic product that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified. This bill would make a technical nonsubstantive change to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. 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" 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). (2) Compliance with only a section of, 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), 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.