California 2017-2018 Regular Session

California Assembly Bill AB1294 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~1294 CHAPTER 664~~ An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste. ~~[ Approved by Governor October 11, 2017. Filed with Secretary of State October 11, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1294, Berman. Solid waste: plastic products.Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.This bill would extend indefinitely the provision concerning recycled content marketing claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
	1	+	Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly May 04, 2017 Amended IN Assembly April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1294Introduced by Assembly Members Berman and AcostaFebruary 17, 2017 An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1294, Berman. Solid waste: plastic products.Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.This bill would extend indefinitely the provision concerning recycled content marketing claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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3		-	Assembly Bill No. 1294 CHAPTER 664 An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste. [ Approved by Governor October 11, 2017. Filed with Secretary of State October 11, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 1294, Berman. Solid waste: plastic products.Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.This bill would extend indefinitely the provision concerning recycled content marketing claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly May 04, 2017 Amended IN Assembly April 17, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1294Introduced by Assembly Members Berman and AcostaFebruary 17, 2017 An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGESTAB 1294, Berman. Solid waste: plastic products.Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.This bill would extend indefinitely the provision concerning recycled content marketing claims.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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	5	+	Enrolled September 19, 2017 Passed IN Senate September 14, 2017 Passed IN Assembly May 04, 2017 Amended IN Assembly April 17, 2017
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	7	+	Enrolled September 19, 2017
	8	+	Passed IN Senate September 14, 2017
	9	+	Passed IN Assembly May 04, 2017
	10	+	Amended IN Assembly April 17, 2017
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	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 1294
6		-	CHAPTER 664
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	16	+	Introduced by Assembly Members Berman and AcostaFebruary 17, 2017
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	18	+	Introduced by Assembly Members Berman and Acosta
	19	+	February 17, 2017
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8	21		An act to amend Section 42357.6 of the Public Resources Code, relating to solid waste.
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10		-	[ Approved by Governor October 11, 2017. Filed with Secretary of State October 11, 2017. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 1294, Berman. Solid waste: plastic products.
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18	29		Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.This bill would extend indefinitely the provision concerning recycled content marketing claims.
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20	31		Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.
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22	33		This bill would extend indefinitely the provision concerning recycled content marketing claims.
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24	35		## Digest Key
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26	37		## Bill Text
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28	39		The people of the State of California do enact as follows:SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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30	41		The people of the State of California do enact as follows:
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32	43		## The people of the State of California do enact as follows:
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34	45		SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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36	47		SECTION 1. Section 42357.6 of the Public Resources Code is amended to read:
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38	49		### SECTION 1.
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40	51		42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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42	53		42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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44	55		42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.(d) This section does not limit the requirements of this chapter or any other provision of law.
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48	59		42357.6. (a) For purposes of this section, plastic food container product means a product made of plastic that includes a tray, clamshell container, or other receptacle and that is used, or intended to be used, to hold food.
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50	61		(b) A manufacturer or supplier making an environmental marketing claim relating to the recycled content of a plastic food container product shall maintain information and documentation, which shall be in written form in its records, of both of the following in support of that claim:
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52	63		(1) The recycled content for materials has been recovered or otherwise diverted from the solid waste stream either during the manufacturing process (preconsumer) or after consumer use (postconsumer).
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54	65		(2) The recycled content claim conforms to the uniform standards for recycled content contained in the Federal Trade Commission Guides for the Use of Environmental Marketing Claims (16 C.F.R. Part 260).
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56	67		(c) A manufacturer or supplier shall furnish the information and documentation that it is required to maintain pursuant to this section to any member of the public upon request or provide the information and documentation by furnishing a link to a document on its Internet Web site containing the information and documentation.
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58	69		(d) This section does not limit the requirements of this chapter or any other provision of law.