State ProgramsPlastic Trash Bags

Section § 42290

Explanation

This section defines important terms related to the regulation of plastic trash bags in California. A "manufacturer" is someone who makes these bags for sale in the state. "Plastic trash bags" are bags that hold discarded materials, but do not include grocery sacks, or bags used for hazardous or medical waste. "Postconsumer material" refers to items that have been used and would otherwise be waste, not including manufacturing scraps. "Regulated bags" are thicker trash bags meant for sale in California. A "wholesaler" is someone who buys these bags to resell them within the state.

For purposes of this chapter, the following terms have the following meaning:
(a)CA Public Resources Code § 42290(a) “Manufacturer” means a person who manufactures plastic trash bags for sale in this state.
(b)Copy CA Public Resources Code § 42290(b)
(1)Copy CA Public Resources Code § 42290(b)(1) “Plastic trash bag” means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags.
(2)CA Public Resources Code § 42290(b)(2) A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food.
(3)CA Public Resources Code § 42290(b)(3) A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes:
(A)CA Public Resources Code § 42290(b)(3)(A) “Hazardous waste,” as defined in Section 25117 of the Health and Safety Code.
(B)CA Public Resources Code § 42290(b)(3)(B) “Medical waste,” as defined in Section 117690 of the Health and Safety Code.
(c)CA Public Resources Code § 42290(c) “Postconsumer material” means a finished product that would normally be disposed of as solid waste, having completed its intended end-use and product life cycle. “Postconsumer material” does not include manufacturing and fabrication scrap.
(d)CA Public Resources Code § 42290(d) “Regulated bag” means a plastic trash bag of 0.70 mil or greater thickness that is intended for sale in the state.
(e)CA Public Resources Code § 42290(e) “Wholesaler” means any person who purchases plastic trash bags from a manufacturer for resale in this state.
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Section § 42290.5

Explanation

The law aims to reduce the amount of polyethylene waste in California landfills and support the development of markets for recycled materials. It specifies that any certification for using postconsumer materials in plastics shouldn't be duplicated for other state or federal requirements. This encourages unique certifications to foster more diverse recycling initiatives.

To encourage waste diversion of polyethylene from California landfills as well as to encourage California’s postconsumer market development, it is the intent of the Legislature that any certification of postconsumer materials used for compliance with this chapter not be the same materials that are certified or used for compliance with any other state requirement or with any federal requirement that requires the use or reporting of postconsumer materials for plastic products.
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Section § 42291

Explanation

This law requires manufacturers of plastic trash bags 0.75 mil thick or greater to use recycled plastics. Before 1998, bags had to be 30% recycled plastic. From 1998 onwards, manufacturers can comply by ensuring either at least 10% of a bag's weight or 30% of all plastic products' weight sold is recycled material. Starting March 1, 1999, annual certifications to the board are required to confirm compliance. Certifications for this section cannot overlap with other requirements. If recycled materials are unavailable or don't meet quality standards, manufacturers must report this, showing efforts to find suitable materials. The law's recent changes aim to help manufacturers without causing difficulties.

(a)CA Public Resources Code § 42291(a) Until January 1, 1998, every manufacturer that manufactures plastic trash bags of 0.75 mil or greater thickness for sale in this state shall ensure that at least 30 percent of the material used in those plastic trash bags is recycled plastic postconsumer material.
(b)Copy CA Public Resources Code § 42291(b)
(1)Copy CA Public Resources Code § 42291(b)(1) On and after January 1, 1998, the manufacturer’s required use of recycled plastic postconsumer material shall be determined pursuant to paragraph (2). Compliance by a manufacturer with either alternative shall be deemed to be compliance with this subdivision.
(2)CA Public Resources Code § 42291(b)(2) Every manufacturer of regulated bags shall do one of the following:
(A)CA Public Resources Code § 42291(b)(2)(A) Ensure that its plastic trash bags intended for sale in this state contain a quantity of recycled plastic postconsumer material equal to at least 10 percent of the weight of the regulated bags.
(B)CA Public Resources Code § 42291(b)(2)(B) Ensure that at least 30 percent of the weight of the material used in all of its plastic products intended for sale in this state is recycled plastic postconsumer material.
(3)CA Public Resources Code § 42291(b)(3) Beginning March 1, 1999, and annually thereafter, every manufacturer subject to this subdivision shall certify to the board that it has used the required amount of recycled plastic postconsumer material annually in compliance with paragraph (2).
(c)CA Public Resources Code § 42291(c) Any certification of postconsumer materials used for compliance with this chapter shall not include any materials that are certified or used for compliance with any other state or federal requirement that requires the use or reporting of postconsumer materials for any plastic products.
(d)CA Public Resources Code § 42291(d) If any manufacturer subject to this section is unable to obtain sufficient amounts of recycled plastic postconsumer material to comply with this section within a reporting period because of unavailability or because the available material did not meet recycled plastic postconsumer material quality standards adopted by the board, the manufacturer shall certify that fact to the board. Each manufacturer making that certification shall make a reasonable effort to identify available supplies of material before submitting certification to the board.
(e)CA Public Resources Code § 42291(e) The Legislature hereby finds and declares that although the changes made to this section by the act amending this section during the 1998 portion of the 1997–98 Regular Session become effective after January 1, 1998, it is the intent of the Legislature that the new requirements specified in subdivision (b) be effective as of January 1, 1998. The Legislature further finds that this change is requested by the manufacturers subject to this section and that the retroactive effect of these changes will not cause any hardship on any manufacturer subject to this section, or cause any manufacturer to be subject to regulatory action as a result of these changes, but rather, would instead have the effect of preventing hardship to the manufacturers regulated by this section.
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Section § 42291.5

Explanation

This law section states that when a manufacturer in California buys recycled plastic material to make plastic trash bags or other products, they get extra credit: for every pound of recycled plastic they buy, it's counted as 1.2 pounds towards meeting their recycling requirements. This gives manufacturers a bonus incentive to use more recycled materials.

For each pound of recycled plastic postconsumer material purchased from a source of recycled plastic postconsumer material in this state for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, the board shall credit the manufacturer certifying pursuant to Section 42293 with having used 1.2 pounds of recycled plastic postconsumer material toward compliance with the requirements of Section 42291.
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Section § 42292

Explanation

This law requires manufacturers using recycled plastic materials in products like plastic trash bags to collect specific information from their suppliers. They need to get details about the amount, source, previous use, and actual recycled content of each shipment. This information must be used in the annual report mandated by another section (Section 42293).

Each manufacturer shall obtain from its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, a statement identifying the quantity, source location, and proximate prior usage of, and the actual postconsumer material content of, each shipment of recycled plastic postconsumer material purchased by the manufacturer, and any other information that the board, may, by regulation, require the manufacturer to obtain from its suppliers, for purposes of inclusion in the annual report required by Section 42293.
recycled plastic postconsumer material plastic trash bags ...

Section § 42293

Explanation

This law requires manufacturers that make products with recycled plastic to report to a board every year by March 1st. They need to verify their compliance with recycling regulations, provide details on their suppliers, including locations, and share any extra information the board asks for. If a manufacturer uses its own recycled materials, they must also specify this.

Furthermore, by October 1, 2001, the board had to conduct a survey of these manufacturers. The survey required identifying suppliers, comparing quantities of recycled plastic from inside and outside California, suggesting content standards for recycled materials, detailing the thickness of plastic bags, and comparing national production with production specific to California.

(a)CA Public Resources Code § 42293(a) On or before March 1, 1999, and annually thereafter, each manufacturer subject to this chapter shall submit a report to the board certifying that it has complied with Section 42291 during the preceding calendar year, certifying the name and physical location of each of its suppliers of recycled plastic postconsumer material for use in the manufacture of plastic trash bags, or other products manufactured with recycled plastic postconsumer material in compliance with this chapter, and containing the information obtained pursuant to Section 42292 and any other information that the board may require by regulation. Any manufacturer that processes its own recycled plastic postconsumer material shall certify to the board that it is the supplier of the material.
(b)CA Public Resources Code § 42293(b) On or before October 1, 2001, the board shall survey manufacturers subject to this section and, notwithstanding Section 7550.5 of the Government Code, report back to the Legislature. The survey shall do all of the following:
(1)CA Public Resources Code § 42293(b)(1) Identify the name and physical location of suppliers certified by manufacturers pursuant to subdivision (a).
(2)CA Public Resources Code § 42293(b)(2) Identify the quantity of recycled plastic postconsumer material provided by suppliers within the state and the quantity of the material provided by suppliers outside the state.
(3)CA Public Resources Code § 42293(b)(3) Provide recommendations regarding recycled plastic postconsumer material content requirements based on the availability of that material.
(4)CA Public Resources Code § 42293(b)(4) Identify gauge thickness of all regulated bags.
(5)CA Public Resources Code § 42293(b)(5) Determine national production versus production of a separate line for California.
recycled plastic postconsumer material plastic trash bags manufacturer compliance ...

Section § 42294

Explanation

In California, wholesalers who sell plastic trash bags thicker than 1.0 mil (or 0.75 mil starting from 1995) must tell the state board the name and location of each manufacturer they buy from. This information is used for an annual report. Wholesalers have to send this report by March 1 of each year, starting from 1994, and include any extra details the board might require.

(a)CA Public Resources Code § 42294(a) Every wholesaler of plastic trash bags of 1.0 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c).
(b)CA Public Resources Code § 42294(b) On and after January 1, 1995, every wholesaler of trash bags of 0.75 mil or greater thickness sold in this state shall certify to the board the name and physical location of each manufacturer from whom it purchased plastic trash bags for purposes of inclusion in the annual report required by subdivision (c).
(c)CA Public Resources Code § 42294(c) On or before March 1, 1994, and annually thereafter, each wholesaler shall submit a report to the board containing the certification required by this section for the preceding calendar year, together with any other information that the board may require by regulation.
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Section § 42295

Explanation

If you are a supplier, manufacturer, or wholesaler who has to give a certification or provide any information according to this chapter, be aware that the board can audit you.

Each supplier, manufacturer, and wholesaler required to provide a certification or any information pursuant to this chapter shall be subject to audit by the board.
supplier audit manufacturer audit wholesaler audit ...

Section § 42296

Explanation

This law mandates that if a supplier gives false or misleading information to a manufacturer, or if a manufacturer or wholesaler provides false or misleading information or certification to the board, the board must report it to the Attorney General for possible fraud charges within 30 days of discovering the issue.

(a)CA Public Resources Code § 42296(a) If any supplier provides a manufacturer with false or misleading information, the board, within 30 days of determining that fact, shall refer the false or misleading information to the Attorney General for prosecution for fraud.
(b)CA Public Resources Code § 42296(b) If any manufacturer or wholesaler provides the board with a false or misleading certification or other information, the board, within 30 days of determining that fact, shall refer the false or misleading certification or information to the Attorney General for prosecution for fraud.
supplier false information manufacturer misleading data wholesaler false certification ...

Section § 42297

Explanation

This law section allows the board to make rules to clarify terms and implement the chapter better. Every year by July 1, the board must list suppliers, manufacturers, or wholesalers who do not follow the rules set in this chapter. Companies that don’t comply cannot get new state contracts, or renew or change existing ones, until they meet the rules. State agencies also cannot deal with these non-compliant companies until they're back in compliance.

(a)CA Public Resources Code § 42297(a) The board may adopt such regulations as it determines are necessary to more specifically define terms for purposes of the chapter and to otherwise implement this chapter.
(b)CA Public Resources Code § 42297(b) Annually on or before July 1, the board shall publish a list of any suppliers, manufacturers, or wholesalers who have failed to comply with this chapter.
(c)Copy CA Public Resources Code § 42297(c)
(1)Copy CA Public Resources Code § 42297(c)(1) Any supplier, manufacturer, or wholesaler, and any of its divisions, subsidiaries, or successors, who fails to comply with this chapter, shall be ineligible for the award of any state contract or subcontract, or for the renewal, extension, or modification of an existing contract or subcontract, until the board determines that it is in compliance with this chapter.
(2)CA Public Resources Code § 42297(c)(2) No state agency shall solicit offers from, award contracts to, or renew, extend, or modify a current contract or subcontract with, any supplier, manufacturer, or wholesaler, or any of its divisions, subsidiaries, or successors, who fails to comply with this chapter until the board determines that it is in compliance with this chapter.
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Section § 42298

Explanation

If a plastic bag has certain labels and meets specific industry standards, it doesn't have to follow the rules in this chapter. These standards are set by ASTM and are defined elsewhere in related sections.

A plastic bag that is labeled with a term specified in subdivision (a) of Section 42357 and that meets the current ASTM standard specified for that term, as defined in Section 42356, is exempt from the requirements of this chapter.
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