2007 California Public Resources Code Chapter 5.7. Biodegradable And Compostable Plastic Bags

CA Codes (prc:42355-42357)

PUBLIC RESOURCES CODE
SECTION 42355-42357



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) "ASTM standard specification" means a definition found in the
Style and Form Guide for ASTM Standards and 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.



42357.  (a) A person shall not sell a plastic bag in this state that
is labeled with the term "compostable," "biodegradable,"
"degradable," or any form of those terms, or in anyway imply that the
bag will break down in a landfill, composting, marine, or other
natural terrestrial environment, unless, at the time of the sale, the
plastic bag meets a current ASTM standard specification for the term
used on the label.
   (b) 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.

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