State ProgramsProducts
Section § 42355
This law acknowledges that littered plastic products significantly harm the environment and are costly for local governments to clean up. It aims to prevent misleading environmental claims, particularly those suggesting that plastics are biodegradable when they might not be, in order to avoid giving consumers a false sense of security. The law states that terms like 'biodegradable' must have a clear, detailed explanation of how and where degradation occurs, which is challenging due to the complexity of the biodegradation process. Until specific, approved scientific standards are established to accurately define these terms, their use should be prohibited to prevent further environmental damage from plastic litter.
Section § 42355.5
This law states that in California, environmental marketing claims about plastic products must be backed by reliable evidence. This is to prevent misleading consumers about their environmental impact. Claims should meet recognized standards like those from the American Society for Testing and Materials.
Additionally, any claims about how recyclable a product or packaging is must be truthful and accurate. This ensures consumers get clear information on how to properly dispose of products and packaging at the end of their use.
Section § 42355.51
This California law prohibits selling or distributing products with misleading claims about recyclability. If product packaging displays the recycling symbol but isn’t genuinely recyclable by state standards, it’s considered deceptive. A product is recyclable only if it meets specific criteria, such as being collected by recycling programs covering most of the state’s population and being a material type routinely used as feedstock for new products. If packaging misleadingly suggests it is recyclable, it must be corrected unless exemptions apply, like when laws demand certain labels. Compliance involves ensuring designs do not have elements that hinder recycling and avoid using certain chemicals. The law also outlines state responsibilities to conduct studies and update guidelines for what is considered recyclable.
Section § 42356
This law section provides definitions for terms used in the chapter. It includes definitions for 'ASTM,' which refers to a standards organization, and what qualifies as an 'ASTM standard specification' for labeling compostable plastics. It specifies what isn't considered an ASTM standard specification. It also defines terms like 'Department' and 'Director,' referring to the Department of Resources Recycling and Recovery. 'Manufacturer' is defined as anyone producing a product, and 'OK compost HOME certification' refers to a certification for low-temperature compostable products. 'Product' covers items like consumer products, packages, bags, and food containers. 'Supplier' is defined as someone who sells or holds products for resale purposes.
Section § 42356.1
This section outlines how the department should handle updates to ASTM standard specifications. If a revised ASTM standard is found to be stricter and better at protecting public health and the environment compared to the previous standard, the department may adopt it. Conversely, if the revised standard is less strict, adoption is prohibited. Additionally, if new standards for terms banned by another section are more protective, the department can recommend them to the Legislature. Compliance with the adopted standards meets the chapter's requirements. Fiber products without any plastics or polymers are exempt from following ASTM standards under this chapter.
Section § 42356.2
This law allows the department to adopt a standard different from the usual ASTM standards if certain conditions are met.
First, the new standard must come from a recognized standard-setting body, which can include ASTM or similar organizations.
Second, the new standard may add specific criteria to an existing ASTM standard, such as those for "home compostable" materials.
Lastly, the department must find that this new standard is stricter than the current ASTM standard it is replacing or enhancing.
Section § 42357
This law regulates how products can be labeled as 'compostable' or 'home compostable' in the state. Products must meet specific standards, like the ASTM standard, or have certification such as OK compost HOME. Using just parts of these standards is not enough for compliance.
Products cannot claim to be 'biodegradable', 'degradable', or 'decomposable' unless specific conditions are met, and misleading marketing, such as using certain color schemes, is not allowed. If you make compost or soil biodegradable claims, specific certifications and standards, like those for agricultural mulch films, must be followed.
The law allows for regulations to be set by the department to ensure proper labeling and marketing practices, which may include adhering to national organic standards by a set date. The law also addresses how manufacturers must prove compliance upon public request and states that meeting these labeling laws does not exempt a product from other marketing regulations. The department may adapt international standards as well.
Section § 42357.5
This law requires compostable plastic bags to be easily distinguishable from regular plastic bags. Manufacturers must label these bags according to federal guidelines. Specifically, the bags must have a certification logo if they meet specific standards and be labeled as "compostable." If the bag is green, the word "compostable" must appear in large letters on one side. Alternatively, the label could appear on both sides either in green letters or within a contrasting green band. Labels must be proportional for smaller bags. Compostable bags shouldn't mimic recycling symbols. However, if federal guidelines conflict with these rules, federal guidelines take precedence.
Section § 42357.6
This California law defines a 'plastic food container product' as a plastic item like a tray or container meant to hold food. If a manufacturer or supplier claims their product contains recycled materials, they must keep written records. These records need to show two things: the recycled materials were diverted from waste during or after use, and the claim meets federal standards. They must also provide this information to anyone who asks, either directly or via a website link. This law builds upon existing regulations and does not replace any other legal requirements.
Section § 42358
This section allows cities, counties, or the state to impose civil fines for violations, starting at $500 for the first offense, $1,000 for the second, and $2,000 for third and subsequent offenses. The money collected from fines is given to the legal office (like the city attorney or Attorney General) that pursued the case. These funds can be used by the Attorney General to enforce the law with legislative approval. This law can be combined with other legal actions under different business and professions codes. Additionally, state agencies can recover the costs of enforcing this chapter from those found responsible.