2007 California Business and Professions Code Chapter 13. Polyethylene Plastic Materials

CA Codes (bpc:22200-22205)

22200.  No bag made of plastic material of an average gauge thinner
than 0.001 inch which is large enough to fit over a child's head
shall be used by any business establishment as a container for
products delivered to purchasers, or by any other business
establishment to package articles delivered to customers or other
persons doing business with the establishment, or, after January 1,
1988, shall be directly sold, delivered, or given to any business
establishment located in the State of California by any manufacturer,
supplier, or distributor after January 1, 1988, unless there is
printed upon such bag, or upon a gummed label which is securely
attached to such bag, in clear legible type the following:
"CAUTION--KEEP AWAY FROM SMALL CHILDREN.  THE THIN FILM MAY CLING TO
NOSE AND MOUTH AND PREVENT BREATHING," or a similar warning that the
bag is dangerous to small children.  This section shall not apply to
those plastic bags which are used exclusively for industrial
purposes.



22201.  As used in this chapter, "a bag large enough to fit over a
child's head" means any bag which, when open, has an opening larger
than 25 square inches or a capacity of more than 125 cubic inches.



22202.  As used in this chapter, "clear legible type" means type
which meets all the following qualifications:
   (a) Is clear and legible.
   (b) Is of a bright color which will be clearly visible against
either a light or a dark background.
   (c) Is printed by some method other than rubber stamp, such as by
offset or letterpress, so as to prevent the ink from smearing and to
insure that the printed matter will be clear and distinct.
   (d) Is not less than the following size:


          Total of length and width
               of bag combined                          Size of type
        Less than 30 inches ............................   10 point
        30 inches or more, but less than 40 inches .....   14 point
        40 inches or more, but less than 60 inches .....   18 point
        60 inches or more ..............................   24 point




22203. No bag made of polyethylene plastic material thinner than
0.001 inch which is large enough to fit over a child's head shall be
used, after the effective date of this section, by any retail store
as a container for products, other than for food products weighing
not more than five pounds, delivered to purchasers, or by any other
retail business establishment to package articles delivered to
customers, if any cartoon, picture, or caricature is on such bag
which cartoon, picture, or caricature will, or will have a tendency
to, facilitate or encourage the use of such bag as a toy by children
under 12 years of age.
   This section does not prohibit legitimate advertising which does
not facilitate or encourage the use of such bag as a toy.



22205.  Any violation of this chapter is a misdemeanor.