CA Legislation

CALIFORNIA CODESPUBLIC RESOURCES CODESECTION 42355-4235842355. The Legislature finds and declares that it is the publicpolicy of the state that environmental marketing claims, whetherexplicit or implied, should be substantiated by competent andreliable evidence to prevent deceiving or misleading consumers aboutthe environmental impact of plastic bags. For consumers to haveaccurate and useful information about the environmental impact ofplastic bags and packages, environmental marketing claims shouldadhere to uniform and recognized standards, including those standardspecifications established by the American Society for Testing andMaterials.42356. For purposes of this chapter, the following definitionsapply: (a) "ASTM" means the American Society for Testing and Materials. (b) (1) "ASTM standard specification" means one of the following: (A) The ASTM Standard Specification for Compostable PlasticsD6400, as published in September 2004, except as provided insubdivision (c) of Section 42356.1. (B) The ASTM Standard Specification for Non-Floating BiodegradablePlastics in the Marine Environment D7081, as published in August2005, except as provided in subdivision (c) of Section 42356.1. (2) "ASTM standard specification" does not include an ASTMStandard Guide, a Standard Practice, or a Standard Test Method. (c) "Manufacturer" means a person, firm, association, partnership,or corporation that produces a plastic bag. (d) "Supplier" means a person who does one or more of thefollowing: (1) Sells, offers for sale, or offers for promotional purposes, aplastic bag that is used by a person to contain a product. (2) Takes title to a plastic bag produced either domestically orin a foreign country, that is purchased for resale or promotionalpurposes.42356.1. (a) If an ASTM standard specification specified inparagraph (1) of subdivision (b) of Section 42356 is subsequentlyrevised, the board shall review the new ASTM standard specificationas follows: (1) If the board determines that the new standard is morestringent and more protective of the public health, safety, and theenvironment, and is reflective of and consistent with state policiesand programs, the board may adopt the new standard. (2) If the board determines that the new standard is not asstringent and does not protect the public health, safety, and theenvironment, and is not reflective of and consistent with statepolicies and programs, the board shall not adopt the new standard. (b) If the ASTM, or any other entity, develops a new standardspecification or other applicable standard for any of the termsprohibited under subdivision (a) of Section 42357, the board mayreview the new standard and, if the board determines that the newstandard for the prohibited term is more stringent and moreprotective of the public health, safety, and the environment, and isreflective of and consistent with state policies and programs, theWAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=80219521702...1 of 2 1/12/2009 6:17 PMboard may make a recommendation to the Legislature. (c) Compliance with a standard adopted pursuant to paragraph (1)of subdivision (a) shall be deemed to be in compliance with thischapter.42357. (a) (1) A person shall not sell a plastic bag in this statethat is labeled with the term "compostable" or "marine degradable,"unless, at the time of sale, the plastic bag meets the applicableASTM standard specification, as specified in paragraph (1) ofsubdivision (b) of Section 42356. (2) Compliance with only a section or a portion of a section of anapplicable ASTM standard specification does not constitutecompliance with paragraph (1). (b) Except as provided in subdivision (a), a person shall not sella plastic bag in this state that is labeled with the term"biodegradable," "degradable," or "decomposable," or any form ofthose terms, or in any way imply that the bag will break down,fragment, biodegrade, or decompose in a landfill or otherenvironment. (c) A manufacturer or supplier, upon the request of a member ofthe public, shall submit to that member, within 90 days of therequest, information and documentation demonstrating compliance withthis chapter, in a format that is easy to understand andscientifically accurate.42358. (a) A city, a county, or the state may impose civilliability in the amount of five hundred dollars ($500) for the firstviolation of this chapter, one thousand dollars ($1,000) for thesecond violation, and two thousand dollars ($2,000) for the third andany 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 theaction. The penalties collected pursuant to this section by theAttorney General may be expended by the Attorney General, uponappropriation by the Legislature, to enforce this chapter. (c) The remedies provided by this section are not exclusive andare in addition to the remedies that may be available pursuant toSections 17200 to 17210, inclusive, of the Business and ProfessionsCode. (d) Any costs incurred by a state agency in carrying out thischapter shall be recoverable by the Attorney General, upon therequest of the agency, from the liable person or persons.WAIS Document Retrieval http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=80219521702...2 of 2 1/12/2009 6:17 PM