Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.

This bill would extend indefinitely the provision concerning recycled content marketing claims.

Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.

This bill would extend indefinitely the provision concerning recycled content marketing claims.

Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.

This bill would postpone the repeal of the provision concerning recycled content marketing claims until January 1, 2028. extend indefinitely the provision concerning recycled content market claims.

Existing law prohibits the sale of a plastic product, as defined, labeled as compostable, home compostable, or marine degradable unless it meets specified ASTM International standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, decomposable, or as otherwise specified. Existing law, until January 1, 2018, requires a manufacturer or supplier of plastic products making an environmental marketing claim relating to the recycled content of a plastic food container product to maintain specified information and documentation in written form in its records in support of that claim. Existing law provides for the imposition of a civil penalty by a city, county, or the state for a violation of those provisions.

This bill would postpone the repeal of the provision concerning recycled content marketing claims until January 1, 2028.

 THIRD READING 

Bill No: AB 1294

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/7/17

AYES: Wieckowski, Stone, Gaines, Hill, Lara, Skinner, Stern

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/4/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Californians Against Waste

DIGEST:

This bill removes the January 1, 2018 sunset date on the law that requires plastic food container manufacturers to maintain specified records if they make marketing claims relating to the recycled content of their product.

ANALYSIS:

Existing law:

1. Prohibits products, under the Plastic Products law (Public Resources Code §42355 et seq.), from being sold that are labeled, e.g., “compostable” or “marine biodegradable,” unless they meet uniform and recognized standards, such as certain American Society for Testing and Materials standards.
   
2. Prohibits a manufacturer or supplier from selling a plastic food or beverage container that is advertised with a specific recycled content amount unless the manufacturer or supplier maintains specified information to substantiate the claim. Sunsets this provision on January 1, 2018.
   

This bill removes the January 1, 2018 sunset date on the law that requires plastic food container manufacturers to maintain specified records if they make marketing claims relating to the recycled content of their product.

Background

1. Federal law. Under federal law, unfair or deceptive acts or practices in or affecting commerce are declared unlawful. The Federal Trade Commission has published guidelines that help explain how the guidelines apply to environmental advertising and marketing, such as claims regarding degradability and recycling content.
   
2. AB 837 (Nestande, Chapter 525, Statutes of 2012). AB 837 required manufacturers and suppliers of plastic food containers to verify recycled content claims on their products. AB 837 was intended to promote truth in advertising and limit “greenwashing,” which refers to making false or inaccurate claims that products, brands, or corporate policies are environmentally preferable to other products. State law also prohibits a person from falsely labeling a plastic product as compostable or biodegradable.

Comments

Purpose of bill. According to the author, “Many consumers value products with an environmental benefit, so we need to ensure that the environmental claims for plastic containers are accurate. Moreover, accurate labeling benefits a manufacturer that has made or chooses to make an investment/commitment to use recycled content. By extending this truth in marketing provision applicable to plastic food containers, AB 1294 ensures that consumers will continue to trust and rely on such marketing claims.”

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 9/13/17)

Californians Against Waste (source)

Association of Plastic Recyclers

California Chapters of the Solid Waste Association of North America’s Legislative Task Force

Global Plastics

Los Angeles County Solid Waste Management Committee/Integrated Waste Management Task Force

Northern California Recycling Association

OPPOSITION: (Verified 9/13/17)

None received

ASSEMBLY FLOOR: 76-0, 5/4/17

AYES: Acosta, Aguiar-Curry, Arambula, Baker, Berman, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Travis Allen, Bigelow, Cristina Garcia, Patterson

Prepared by:

9/13/17 19:11:59

**** END ****

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2017 - 2018 Regular

Bill No: AB 1294

SUBJECT: Solid waste: plastic products.

ANALYSIS:

Existing law:

1. Under the Plastic Products law (Public Resources Code §42355 et seq.), prohibits products from being sold that are labeled, e.g., “compostable” or “marine biodegradable,” unless they meet uniform and recognized standards, such as certain American Society for Testing and Materials (ASTM) standards.
   
2. Prohibits a manufacturer or supplier from selling a plastic food or beverage container that is advertised with a specific recycled content amount unless the manufacturer or supplier maintains specified information to substantiate the claim. Sunsets this provision on January 1, 2018.
   

This bill removes the January 1, 2018 sunset date on the law that requires plastic food container manufacturers to maintain specified records if they make marketing claims relating to the recycled content of their product.

Background

1. Federal law. Under federal law, unfair or deceptive acts or practices in or affecting commerce are declared unlawful. The Federal Trade Commission has published guidelines that help explain how the guidelines apply to environmental advertising and marketing, such as claims regarding degradability and recycling content.
   
2. AB 837 (Nestande, Chapter 525, Statutes of 2012). AB 837 required manufacturers and suppliers of plastic food containers to verify recycled content claims on their products. AB 837 was intended to promote truth in advertising and limit “greenwashing,” which refers to making false or inaccurate claims that products, brands, or corporate policies are environmentally preferable to other products. State law also prohibits a person from falsely labeling a plastic product as compostable or biodegradable.
   

Comments

Purpose of Bill. According to the author, “Many consumers value products with an environmental benefit, so we need to ensure that the environmental claims for plastic containers are accurate. Moreover, accurate labeling benefits a manufacturer that has made or chooses to make an investment/commitment to use recycled content. By extending this truth in marketing provision applicable to plastic food containers, AB 1294 ensures that consumers will continue to trust and rely on such marketing claims.”

SOURCE:

Californians Against Waste

SUPPORT:

Association of Plastic Recyclers

Global Plastics

Northern California Recycling Association

California Chapters of the Solid Waste Association of North America’s
Legislative Task Force

OPPOSITION:

None received

-- END --

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1294

Author:(Berman) – As Amended Ver:April 17, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill removes the January 1, 2018, sunset date on the law that requires plastic food container manufacturers to maintain specified records if they make marketing claims relating to the recycled content of their product.

FISCAL EFFECT:

1. The ongoing continuation of minor penalty revenue, likely less than $25,000 annually, after January 1, 2018, to the Department of Justice, resulting from civil penalties (GF).
2. The ongoing continuation of minor penalty revenue, likely less than $50,000 annually statewide, after January 1, 2018, to the offices of city attorneys, city prosecutors, and district attorneys (local accounts).

COMMENTS:

1. Purpose. According to the author, by removing the sunset on the truth in marketing provision applicable to plastic food containers, this bill ensures consumers will continue to trust and rely on marketing claims regarding recycled content.
2. Background. AB 837 (Nestande), Chapter 525, Statutes of 2012, required manufacturers and suppliers of plastic food containers to verify recycled content claims on their products. AB 837 was intended to promote truth in advertising and limit "greenwashing," which refers to making false or inaccurate claims that products, brands, or corporate policies are environmentally preferable to other products. State law also prohibits a person from falsely labeling a plastic product as compostable or biodegradable. Many California consumers make the choice to support companies that manufacture products made from recycled materials to minimize the environmental impacts of their purchases.
3. Federal law. Under federal law, unfair or deceptive acts or practices in or affecting commerce are declared unlawful. The Federal Trade Commission has published guidelines that help explain how the guidelines apply to environmental advertising and marketing, such as claims regarding degradability and recycling content.

1. Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 3, 2017

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Cristina Garcia, Chair

ABPCA Bill Id:AB 1294 (

Author:Berman) – As Introduced Ver:February 17, 2017

SUBJECT: Solid waste: plastic products

SUMMARY: Extends the sunset, from January 1, 2018 to January 1, 2028, for a provision of law that requires manufacturers of plastic food containers that make environmental marketing claims relating to the recycled content to maintain specified records relating to the claim.

EXISTING LAW:

1. Imposes civil liability and criminal penalties for any unlawful, unfair, or fraudulent business act or any unfair, deceptive, untrue, or misleading advertising.
   
2. Prohibits a person from selling a food or beverage container that is labeled "compostable" or "marine degradable," unless the container meets specific American Society for Testing and Materials (ASTM) standards. Authorizes a city, county, or the state to impose civil liability in the amount of $500 for the first violation of this law, $1,000 for the second violation, and $2,000 for the third and any subsequent violation.
   
3. Prohibits a manufacturer or supplier from selling a plastic food or beverage container that is advertised with a specific recycled content amount unless the manufacturer or supplier maintains specified information to substantiate the claim. Sunsets this provision on January 1, 2018.

FISCAL EFFECT: Unknown

COMMENTS:

1. Author statement:
   

Many consumers value products with an environmental benefit. Accordingly, the information provided to consumers in the form of environmental claims for plastic containers must be accurate. Moreover, accurate labeling benefits a manufacturer that has made or chooses to make an investment/commitment to use recycled content. By extending the sunset on the truth in marketing provision applicable to plastic food containers, AB 1294 ensures that consumers will continue to trust and rely on such marketing claims.

1. Background. AB 837 (Nestande), Chapter 525, Statutes of 2012, required manufacturers and suppliers of plastic food containers to verify recycled content claims on their products. AB 837 was intended to promote truth in advertising and limit "greenwashing," which refers to making false or inaccurate claims that products, brands, or corporate policies are environmentally preferable to other products. State law also prohibits a person from falsely labeling a plastic product as compostable or biodegradable.
   

Many California consumers make the choice to support companies that manufacture products made from recycled materials to minimize the environmental impacts of their purchases. This bill extends the requirements of AB 837 for 10 years, to ensure that consumers have accurate information about the products they purchase.

1. Federal law. Under federal law, unfair or deceptive acts or practices in or affecting commerce are declared unlawful. The Federal Trade Commission has published guidelines that help explain how the guidelines apply to environmental advertising and marketing, such as claims regarding degradability and recycling content.
   
2. Suggested amendment. Given the ongoing need for accurate and verifiable information for consumers, the committee may wish to amend the bill to remove the sunset rather than extending it.

REGISTERED SUPPORT / OPPOSITION:

Support

Association of Plastic Recyclers

Californians Against Waste (sponsor)

Global Plastics

Opposition

None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. /