SECTIONS 42355-42358 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42355-42358

42355. The Legislature finds and declares that it is the public
policy of the state that environmental marketing claims, whether
explicit or implied, should be substantiated by competent and
reliable evidence to prevent deceiving or misleading consumers about
the environmental impact of plastic bags. For consumers to have
accurate and useful information about the environmental impact of
plastic bags and packages, environmental marketing claims should
adhere to uniform and recognized standards, including those standard
specifications established by the American Society for Testing and
Materials.

42356. For purposes of this chapter, the following definitions
apply:
(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 Plastics
D6400, as published in September 2004, except as provided in
subdivision (c) of Section 42356.1.
(B) The ASTM Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment D7081, as published in August
2005, except as provided in subdivision (c) of Section 42356.1.
(2) "ASTM standard specification" does not include an ASTM
Standard 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 the
following:
(1) Sells, offers for sale, or offers for promotional purposes, a
plastic bag that is used by a person to contain a product.
(2) Takes title to a plastic bag produced either domestically or
in a foreign country, that is purchased for resale or promotional
purposes.

42356.1. (a) If an ASTM standard specification specified in
paragraph (1) of subdivision (b) of Section 42356 is subsequently
revised, the board shall review the new ASTM standard specification
as follows:
(1) If the board determines that the new standard is more
stringent and more protective of the public health, safety, and the
environment, and is reflective of and consistent with state policies
and programs, the board may adopt the new standard.
(2) If the board determines that the new standard is not as
stringent and does not protect the public health, safety, and the
environment, and is not reflective of and consistent with state
policies and programs, the board shall not adopt the new standard.
(b) If the ASTM, or any other entity, develops a new standard
specification or other applicable standard for any of the terms
prohibited under subdivision (a) of Section 42357, the board may
review the new standard and, if the board determines that the new
standard for the prohibited term is more stringent and more
protective of the public health, safety, and the environment, and is
reflective of and consistent with state policies and programs, the
board 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 this
chapter.

42357. (a) (1) A person shall not sell a plastic bag in this state
that is labeled with the term "compostable" or "marine degradable,"
unless, at the time of sale, the plastic bag meets the applicable
ASTM standard specification, as specified in paragraph (1) of
subdivision (b) of Section 42356.
(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).
(b) Except as provided in subdivision (a), a person shall not sell
a plastic bag 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 bag 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.

42357.5. (b) For purposes of this section, "readily and easily
identifiable" means labeling that meets both of the following
requirements:
(1) Labeled with a certification logo indicating the bag meets the
ASTM D6400 standard specification if the bag has been certified as
meeting that standard by a recognized third-party independent
verification.
(2) Labeled in accordance with one of the following:
(A) The bag is made of a uniform color of green and labeled with
the word "compostable" on one side of the bag, and the label shall be
at least one inch in height.
(B) Labeled with the word "compostable" on both sides of the bag
and the label shall be one of the following:
(i) Green color lettering at least one inch in height.
(ii) Within a contrasting green color band of at least one inch in
height on both sides of the bag with color contrasting lettering of
at least one-half inch in height.
(c) Notwithstanding paragraph (2) of subdivision (b), if the bag
is smaller than 14 inches by 14 inches, the lettering and stripe
shall be in proportion to the size of the bag.
(d) A compostable plastic bag sold or distributed in the state
shall not display a chasing arrow resin identification code or
recycling type of symbol in any form.
(e) A manufacturer is required to comply with this section only to
the extent that the labeling requirements of subdivisions (b), (c),
and (d) do not conflict with the Federal Trade Commission Guides for
the Use of Environmental Marketing Claims (Part 260 (commencing with
Section 260.1) of Subchapter B of Chapter I of Title 16 of the Code
of Federal Regulations).

42358. (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
Sections 17200 to 17210, inclusive, of the Business and Professions
Code.
(d) Any 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.