SECTIONS 42359-42359.8 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42359-42359.8

42359. 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 compostable plastic food or beverage
containers. For consumers to have accurate and useful information
about the environmental impact of compostable plastic food or
beverage containers, environmental marketing claims should adhere to
uniform and recognized standards, including those standard
specifications established by the American Society for Testing and
Materials.

42359.5. For purposes of this chapter, the following definitions
apply:
(a) "ASTM" means the American Society for Testing and Materials.
(b) "ASTM standard specification" means one of the following:
(1) The ASTM Standard Specification for Compostable Plastics
D6400, as published in September 2004, except as specified in
subdivision (c) of Section 42359.7.
(2) The ASTM Standard Specification for Non-Floating Biodegradable
Plastics in the Marine Environment D7081, as published in August
2005, except as specified in subdivision (c) of Section 42359.7.
(3) The ASTM Standard Specification for Biodegradable Plastics
Used as Coatings on Paper and Other Compostable Substrates D6868, as
published in August 2003, except as specified in subdivision (c) of
Section 42359.7.
(c) "Food or beverage container" means a product that contains
food or drink items, or utensils, for retail sale and is composed of
one or more of the following:
(1) Plastic.
(2) Paper with plastic coatings.
(3) Paper with plastic modifiers.
(4) Molded fiber.
(d) "Manufacturer" means a person, firm, association, partnership,
or corporation that produces a food or beverage container.
(e) "Supplier" means a person who does one or more of the
following:
(1) Sells, offers for sale, or offers for promotional purposes, a
food or beverage container that is used by a person to contain a
product.
(2) Takes title to a food or beverage container produced either
domestically or in a foreign country, that is purchased for resale or
promotional purposes.

42359.6. (a) (1) A person shall not sell a food or beverage
container in this state that is labeled with the term "compostable"
or "marine degradable," unless, at the time of sale, the food or
beverage container meets the applicable ASTM standard specification,
as specified in subdivision (b) of Section 42359.5.
(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 food or beverage container 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 food or beverage container
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.

42359.7. (a) If an ASTM standard specification specified in
subdivision (b) of Section 42359.5 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 another applicable standard, for any of the terms
prohibited under subdivision (a) of Section 42359.6, the board may
review the new standard and, if the board determines that the new
standard for that 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.

42359.8. (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 state agency, from the liable person or persons.