Amended IN Assembly March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1290Introduced by Assembly Member Luz RivasFebruary 16, 2023An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 1290, as amended, Luz Rivas. Product safety: plastic packaging: substances. Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the producers, as defined, of these covered materials to source reduce covered plastic material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that covered plastic material offered for sale, distributed, or imported in or into the state meets specified recycling rates.Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state, (1) opaque or pigmented polyethylene terephthalate plastic bottles, and (2) plastic packaging that contains certain chemicals, pigments, or additives, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Plastic Bottles and Packaging42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
Amended IN Assembly March 21, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1290Introduced by Assembly Member Luz RivasFebruary 16, 2023An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health.LEGISLATIVE COUNSEL'S DIGESTAB 1290, as amended, Luz Rivas. Product safety: plastic packaging: substances. Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the producers, as defined, of these covered materials to source reduce covered plastic material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that covered plastic material offered for sale, distributed, or imported in or into the state meets specified recycling rates.Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state, (1) opaque or pigmented polyethylene terephthalate plastic bottles, and (2) plastic packaging that contains certain chemicals, pigments, or additives, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO
Amended IN Assembly March 21, 2023
Amended IN Assembly March 21, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1290
Introduced by Assembly Member Luz RivasFebruary 16, 2023
Introduced by Assembly Member Luz Rivas
February 16, 2023
An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1290, as amended, Luz Rivas. Product safety: plastic packaging: substances.
Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the producers, as defined, of these covered materials to source reduce covered plastic material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that covered plastic material offered for sale, distributed, or imported in or into the state meets specified recycling rates.Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.This bill would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state, (1) opaque or pigmented polyethylene terephthalate plastic bottles, and (2) plastic packaging that contains certain chemicals, pigments, or additives, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.
Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the producers, as defined, of these covered materials to source reduce covered plastic material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that covered plastic material offered for sale, distributed, or imported in or into the state meets specified recycling rates.
Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified.
This bill would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state, (1) opaque or pigmented polyethylene terephthalate plastic bottles, and (2) plastic packaging that contains certain chemicals, pigments, or additives, as specified. The bill would exclude from that prohibition packaging used for certain medical, drug, and federally regulated products. The bill would authorize the imposition of a civil penalty for a violation of that prohibition, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Plastic Bottles and Packaging42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Plastic Bottles and Packaging42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read:
### SECTION 1.
CHAPTER 3.1. Plastic Bottles and Packaging42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 3.1. Plastic Bottles and Packaging42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
CHAPTER 3.1. Plastic Bottles and Packaging
CHAPTER 3.1. Plastic Bottles and Packaging
42090. (a) For purposes of this chapter, the following definitions apply:(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.(4) Packaging has the same meaning as in Section 42041.(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:(1) Opaque or pigmented polyethylene terephthalate bottles.(2) Plastic packaging that contains any of the following:(A) Nondetectable pigments.(B) Oxo-degradable additives.(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.(D) Polyvinyl chloride.(E) Polyvinylidene chloride.(3) Rigid plastic packaging containing polyethylene terephthalate glycol.(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:(1) Packaging used for any of the following products:(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
42090. (a) For purposes of this chapter, the following definitions apply:
(1) Nondetectable pigments means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means.
(2) Opaque or pigmented polyethylene terephthalate (PET) bottles means plastic bottles made with PET, as defined in Section 18013, that have added pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque.
(3) Oxo-degradable additives means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives.
(4) Packaging has the same meaning as in Section 42041.
(5) Perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (2) of subdivision (a) of Section 109000 of the Health and Safety Code.
(6) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS has the same meaning as in Section 108970 paragraph (3) of subdivision (a) of Section 109000 of the Health and Safety Code.
(7) Rigid plastic packaging containing polyethylene terephthalate glycol means a rigid plastic packaging container, as defined in Section 42301, that contains polyethylene terephthalate glycol.
(b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following:
(1) Opaque or pigmented polyethylene terephthalate bottles.
(2) Plastic packaging that contains any of the following:
(A) Nondetectable pigments.
(B) Oxo-degradable additives.
(C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS.
(D) Polyvinyl chloride.
(E) Polyvinylidene chloride.
(3) Rigid plastic packaging containing polyethylene terephthalate glycol.
(c) Notwithstanding any other law, the prohibition in subdivision (b) does not apply to any of the following:
(1) Packaging used for any of the following products:
(A) Medical products and products defined as devices or prescription drugs, as specified in the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Secs. 321(g), 321(h), and 353(b)(1)).
(B) Drugs that are used for animal medicines, including, but not limited to, parasiticide products for animals.
(C) Products intended for animals that are regulated as animal drugs, biologics, parasiticides, medical devices, or diagnostics used to treat, or be administered to, animals under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), the federal Virus-Serum-Toxin Act (21 U.S.C. Sec. 151 et seq.), or the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
(2) Packaging used to contain products regulated by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.).
42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.
42091. (a) A city, a county, or 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, and two thousand dollars ($2,000) for the third and any subsequent violation.
(b) Any 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. 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) The costs incurred by a state agency in carrying out this chapter shall be recoverable by the Attorney General, upon the request of the agency, from the liable person or persons.