AB 1201: Solid waste: products: labeling: compostability and biodegradability.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2021-10-05
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
Existing law defines plastic product for these purposes to mean a product made of plastic, whether alone or in combination with other material.
This bill would repeal that definition of plastic product and replace certain references to plastic product in those and related provisions with product, which includes, but is not limited to, a consumer product, as defined, a package or packaging component, a thin plastic sheet film product, and a food or beverage container. The bill would additionally prohibit a person from offering for sale a product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a product that is labeled as biodegradable, degradable, or decomposable, unless the product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification. The bill would exempt from the requirement to comply with an ASTM standard specification pursuant to these provisions fiber products that are demonstrated to not incorporate any plastics or polymers.
This bill would prohibit a person from selling or offering for sale a product that is labeled with the term compostable or home compostable unless the product satisfies specified criteria. As part of that criteria, the bill would require the department, by January 1, 2024, to make a specified determination, and on or before January 1, 2026, to adopt certain regulations depending on the results of that determination. The bill would authorize the department to adopt regulations for determining whether products are labeled in a manner that distinguishes the products from noncompostable products upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.
This bill would also make conforming changes and revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
Existing law defines plastic product for these purposes to mean a product made of plastic, whether alone or in combination with other material.
This bill would repeal that definition of plastic product and replace certain references to plastic product in those and related provisions with product, which includes, but is not limited to, a consumer product, as defined, a package or packaging component, a thin plastic sheet film product, and a food or beverage container. The bill would additionally prohibit a person from offering for sale a product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a product that is labeled as biodegradable, degradable, or decomposable, unless the product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification. The bill would exempt from the requirement to comply with an ASTM standard specification pursuant to these provisions fiber products that are demonstrated to not incorporate any plastics or polymers.
This bill would prohibit a person from selling or offering for sale a product that is labeled with the term compostable or home compostable unless the product satisfies specified criteria. As part of that criteria, the bill would require the department, by January 1, 2024, to make a specified determination, and on or before January 1, 2026, to adopt certain regulations depending on the results of that determination. The bill would authorize the department to adopt regulations for determining whether products are labeled in a manner that distinguishes the products from noncompostable products upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.
This bill would also make conforming changes and revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
Existing law defines plastic product for these purposes to mean a product made of plastic, whether alone or in combination with other material.
This bill would repeal that definition of plastic product and replace certain references to plastic product in those and related provisions with product, which includes, but is not limited to, a consumer product, as defined, a package or packaging component, and a food or beverage container. The bill would additionally prohibit a person from offering for sale a product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a product that is labeled as biodegradable, degradable, or decomposable, unless the product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification. The bill would exempt from the requirement to comply with an ASTM standard specification pursuant to these provisions fiber products that are demonstrated to not incorporate any plastics or polymers.
This bill would prohibit a person from selling or offering for sale a product that is labeled with the term compostable or home compostable unless the product satisfies specified criteria. As part of that criteria, the bill would require the department, by January 1, 2024, to make a specified determination, and on or before January 1, 2026, to adopt certain regulations depending on the results of that determination. The bill would authorize the department to adopt regulations for determining whether products are labeled in a manner that clearly distinguishes the products from noncompostable products upon quick reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities, as specified. facilities.
This bill would also make conforming changes and revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
Existing law defines plastic product for these purposes to mean a product made of plastic, whether alone or in combination with other material.
This bill would repeal that definition of plastic product and replace certain references to plastic product in those and related provisions with product, which the bill would define as a product designed to be associated with the recovery of desirable organic wastes that are collected for composting. includes, but is not limited to, a consumer product, as defined, a package or packaging component, and a food or beverage container. The bill would additionally prohibit a person from offering for sale a product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a product that is labeled as biodegradable, degradable, or decomposable, unless the product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification.
This bill would prohibit a person from selling or offering for sale a product that is labeled with the term compostable or home compostable unless the product satisfies specified criteria. The bill would authorize the department to adopt regulations for determining whether products are labeled in a manner that clearly distinguishes the products from noncompostable products upon quick inspection by consumers and solid waste processing facilities, as specified.
This bill would also make conforming changes and revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
Existing law defines plastic product for these purposes to mean a product made of plastic, whether alone or in combination with other material.
This bill would repeal that definition of plastic product and replace certain references to plastic product in those and related provisions with product, which the bill would define as a product designed to be associated with the recovery of desirable organic wastes that are collected for composting. The bill would additionally prohibit a person from offering for sale a plastic product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the plastic product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a plastic product that is labeled as biodegradable, degradable, or decomposable, unless the plastic product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification.
This bill would prohibit a person from selling or offering for sale a plastic product that is labeled with the term compostable or home compostable unless the product satisfies specified criteria. The bill would authorize the department to adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable determining whether products are labeled in a manner that clearly distinguishes the products from noncompostable products upon quick inspection by consumers and solid waste processing facilities, as specified.
This bill would also make conforming changes and revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims. Existing law authorizes a person to sell commercial agricultural mulch film labeled with the term soil biodegradable only if the Department of Resources Recycling and Recovery has adopted a certain specification and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
This bill would additionally prohibit a person from offering for sale a plastic product that is labeled as compostable or home compostable unless, at the time of sale or offering for sale, the plastic product meets that specified specification or has that specified certification and would additionally prohibit a person from offering for sale a plastic product that is labeled as biodegradable, degradable, or decomposable, unless the plastic product meets one of those specified standards relating to environmental marketing claims. The bill would additionally authorize a person to offer for sale commercial agricultural mulch film labeled with the term soil biodegradable if the department adopts that specification and the film has that certification.
This bill would prohibit a person from selling or offering for sale a plastic product that is labeled with the term compostable, home compostable, or soil biodegradable compostable or home compostable unless the product meets specified standards and satisfies specified criteria. The bill would authorize the Department of Resources Recycling and Recovery department to adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities. facilities, as specified.
This bill would also revise a related definition of supplier.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
This bill would prohibit a person from selling a plastic product that is labeled with the term compostable, home compostable, or soil biodegradable unless the product meets specified standards and satisfies specified criteria. The bill would authorize the Department of Resources Recycling and Recovery to adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities.
Existing law prohibits a person from selling a plastic product that is labeled as compostable or home compostable unless, at the time of sale, the plastic product meets a specified specification or has a specified certification, as provided. Existing law prohibits the sale of a plastic product that is labeled as biodegradable, degradable, or decomposable, and prohibits implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment, unless the plastic product meets one of several specified standards relating to environmental marketing claims.
Existing law authorizes the Director of Resources Recycling and Recovery to issue guidelines for determining whether a plastic product is not compliant with these labeling requirements, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
This bill would prohibit a person from selling a plastic product that is labeled with the term compostable, home compostable, or soil biodegradable unless the product meets specified standards and satisfies specified criteria. The bill would authorize the Department of Resources Recycling and Recovery to adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a product.
(2)Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SEC. 3.Section 42356.1 of the Public Resources Code is amended to read:42356.1.(a)If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows:
(1)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard.
(2)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard.
(b)If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature.
(c)Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter.
(d)Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter.
SEC. 4.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A product shall not be labeled with the term home compostable unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term home compostable shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless the product satisfies all of the following:
(A)If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one such standard from an approved third-party certification entity for the standard. This requirement shall only apply on and after January 1, 2024, and it shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification.
(B)On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that such bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the departments regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(C)Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.
(D)Is labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.
(E)Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting, unless the product complies with the departments regulations pursuant to subparagraph (B), to the extent the department elects to adopt such regulations.
(2)The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a product.
(2)Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SEC. 3.Section 42356.1 of the Public Resources Code is amended to read:42356.1.(a)If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows:
(1)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard.
(2)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard.
(b)If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature.
(c)Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter.
(d)Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter.
SEC. 4.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A product shall not be labeled with the term home compostable unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term home compostable shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless the product satisfies all of the following:
(A)If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one such standard from an approved third-party certification entity for the standard. This requirement shall only apply on and after January 1, 2024, and it shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification.
(B)On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that such bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the departments regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(C)Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.
(D)Is labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.
(E)Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting, unless the product complies with the departments regulations pursuant to subparagraph (B), to the extent the department elects to adopt such regulations.
(2)The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a product.
(2)Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SEC. 3.Section 42356.1 of the Public Resources Code is amended to read:42356.1.(a)If an ASTM standard specification specified in paragraph (1) of subdivision (b) of Section 42356 is subsequently revised, the department shall review the new ASTM standard specification as follows:
(1)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may adopt the new standard.
(2)If the department determines that the new standard, when compared to the ASTM standard specification prior to its revision, is not as stringent and does not protect public health, public safety, and the environment, and is not reflective of and consistent with state policies and programs, the department shall not adopt the new standard.
(b)If the ASTM, or any other entity, develops a new standard specification or other applicable standard for any of the terms prohibited under subdivision (a) of Section 42357, the department may review the new standard and, if the department determines that the new standard for the prohibited term, when compared to the current ASTM standard in effect, is more stringent and more protective of public health, public safety, and the environment, and is reflective of and consistent with state policies and programs, the department may make a recommendation to the Legislature.
(c)Compliance with a standard adopted pursuant to paragraph (1) of subdivision (a) shall be deemed to be in compliance with this chapter.
(d)Fiber products that are demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, are not required to comply with an ASTM standard specification pursuant to this chapter.
SEC. 3.SEC. 4.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A product shall not be labeled with the term home compostable unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term home compostable shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless the product satisfies all of the following:
(A)Has certification from a third-party certification entity that is approved by the department for meeting compostability and toxicity standards.(A)If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one such standard from an approved third-party certification entity for the standard. This requirement shall only apply on and after January 1, 2024, and it shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification.
(B)On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program (USDA NOP) that has been reviewed and approved by a USDA NOP-accredited certifying agent for use in organic crop and food production. Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that such bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the departments regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(C)Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.
(D)Is labeled in a manner that clearly distinguishes the product from a noncompostable product upon quick reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities, and, where possible, that includes the word compostable, an approved third-party certification mark, and the use of green or brown colors. facilities.
(E)Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting. composting, unless the product complies with the departments regulations pursuant to subparagraph (B), to the extent the department elects to adopt such regulations.
(2)The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Product means a product designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting. A product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a product.
(2)Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SEC. 3.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A product shall not be labeled with the term home compostable unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term home compostable shall meet that the standard adopted by the department and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a product in this state that is labeled with the term compostable or home compostable unless the product satisfies all of the following:
(A)Has certification from a third-party certification entity that is approved by the department for meeting compostability and toxicity standards.
(B)On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program (USDA NOP) that has been reviewed and approved by a USDA NOP-accredited certifying agent for use in organic crop and food production. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The product has or will soon be, as determined by the director, included on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The product has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(C)Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.
(D)Is labeled in a manner that clearly distinguishes the product from a noncompostable product upon quick inspection by consumers and solid waste processing facilities, and, where possible, that includes the word compostable, an approved third-party certification mark, and the use of green or brown colors.
(E)Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting.
(2)The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a plastic product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Plastic product means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic Product means a product designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting. A product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a plastic product.
(2)Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SEC. 2.SEC. 3.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a plastic product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the plastic product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A plastic product shall not be labeled with the term home compostable unless the manufacturer of that plastic product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a plastic product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term home compostable shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a plastic product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a plastic product is not compliant with the labeling requirements of this section, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a plastic product in this state that is labeled with the term compostable or home compostable unless the product satisfies all of the following:
(A)Has certification from the Biodegradable Products Institute, Compost Manufacturing Alliance, or another a third-party certification entity that is approved by the department for meeting compostability and toxicity standards.
(B)On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program and the Department of Food and Agricultures Organic Input Material Program. (USDA NOP) that has been reviewed and approved by a USDA NOP-accredited certifying agent for use in organic crop and food production. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The plastic product has or will soon be, as determined by the director, included on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The plastic product has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(C)Does not include intentionally added have a total fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.
(D)Is labeled in a manner that clearly distinguishes the product from a noncompostable product upon quick inspection by consumers and solid waste processing facilities, and, where possible, that includes the word compostable, an approved third-party certification mark, and the use of green or brown colors.
(2)The department may adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities. determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider the plastic whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines to maximize consistency with those requirements and guidelines and that input when possible. guidelines. The regulations may include requirements that plastic products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
For purposes of this chapter, the following definitions apply:
(a)ASTM means the ASTM International.
(b)(1)ASTM standard specification means either of the following:
(A)The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019, except as provided in subdivision (c) of Section 42356.1.
(B)The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019, except as specified in subdivision (c) of Section 42356.1.
(2)ASTM standard specification does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.
(c)Department means the Department of Resources Recycling and Recovery.
(d)Director means the Director of Resources Recycling and Recovery.
(e)Manufacturer means a person, firm, association, partnership, or corporation that produces a plastic product.
(f)OK compost HOME certification means certification of conformity with the existing TUV Austria certification OK compost HOME certification which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program OK 2-Home Compostability of Products.
(g)Plastic product means a product made of plastic, whether alone or in combination with other material, including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following:
(1)(A)A consumer product.
(B)For purposes of this paragraph, consumer product means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
(2)A package or a packaging component.
(3)A bag, sack, wrap, or other thin plastic sheet film product.
(4)A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.
(h)Supplier means a person who does one or more of the following:
(1)Sells, offers for sale, or offers for promotional purposes a plastic product that is used. product.
(2)Takes title to a plastic product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.
SECTION 1.SEC. 2.Section 42357 of the Public Resources Code is amended to read:42357.(a)(1)Except as provided in paragraph (3), a person shall not sell or offer for sale a plastic product in this state that is labeled with the term compostable or home compostable unless, at the time of sale or offering for sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the plastic product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell or offer for sale a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A plastic product shall not be labeled with the term home compostable unless the manufacturer of that plastic product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a plastic product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term home compostable shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a plastic product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a plastic product is not compliant with the labeling requirements of this section, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell or offer for sale commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell or offer for sale a plastic product in this state that is labeled with the term compostable, home compostable, or soil biodegradable compostable or home compostable unless the product satisfies all of the following:
(A)Meets the D6400 or D6868 ASTM Test Method for compostability.(B)(A)Has certification from the Biodegradable Products Institute or a third party, subject to paragraph (2), Institute, Compost Manufacturing Alliance, or another third-party certification entity that is approved by the department for meeting compostability and toxicity standards.
(C)Is(B)On and after January 1, 2026, is an allowable organic input under the requirements of the National Organic Program and the Department of Food and Agricultures Organic Input Material Program. The director may grant a five-year extension for complying with this requirement if either of the following apply:
(i)The plastic product has or will soon be, as determined by the director, included on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).
(ii)The plastic product has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.
(D)(C)Does not include intentionally added perfluoroalkyl or polyfluoroalkyl substances.
(E)(D)Is labeled in a manner that clearly distinguishes the product from a noncompostable or nonbiodegradable product upon quick inspection by consumers and solid waste processing facilities, and, where possible, that includes the word compostable, an approved third-party certification mark, and the use of green or brown colors.
(2)For purposes of subparagraph (B) of paragraph (1), the director may approve a recognized third-party independent verification body that has certification requirements that are equivalent to, or more stringent than, those required by the Biodegradable Products Institute.(3)(2)The department may adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities. The department, in adopting regulations pursuant to this subdivision, may consider the plastic product labeling requirements of other states, stakeholder input, and industry-standard guidelines to maximize consistency with those requirements and guidelines and that input when possible. The regulations may include requirements that plastic products are not designed, pigmented, or advertised in a manner that is misleading to consumers.
(a)(1)Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term compostable or home compostable unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the plastic product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A plastic product shall not be labeled with the term home compostable unless the manufacturer of that plastic product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a plastic product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term home compostable shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell a plastic product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a plastic product is not compliant with the labeling requirements of this section, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell a plastic product in this state that is labeled with the term compostable, home compostable, or soil biodegradable unless the product satisfies all of the following:
(A)Meets the D6400 or D6868 ASTM Test Method for compostability.
(B)Has certification from the Biodegradable Products Institute or a third party, subject to paragraph (2), for meeting compostability and toxicity standards.
(C)Is an allowable organic input under the requirements of the National Organic Program and the Department of Food and Agricultures Organic Input Material Program.
(D)Does not include intentionally added perfluorinated compounds. perfluoroalkyl or polyfluoroalkyl substances.
(E)Is labeled in a manner that clearly distinguishes the product from a noncompostable or nonbiodegradable product upon quick inspection by consumers and solid waste processing facilities. facilities, and, where possible, that includes the word compostable, an approved third-party certification mark, and the use of green or brown colors.
(2)For purposes of subparagraph (B) of paragraph (1), the director may approve a recognized third-party independent verification body that has certification requirements that are equivalent to, or more stringent than, those required by the Biodegradable Products Institute.
(3)The department may adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities. The department, in adopting regulations pursuant to this subdivision, may consider the plastic product labeling requirements of other states states, stakeholder input, and industry-standard guidelines to maximize consistency with those requirements and guidelines and that input when possible.
REVISIONS: HeadingLine 1.(a)(1)Except as provided in paragraph (3), a person shall not sell a plastic product in this state that is labeled with the term compostable or home compostable unless, at the time of sale, the plastic product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the plastic product has OK compost HOME certification, as provided in paragraph (4).
(2)Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1).
(3)Notwithstanding paragraph (1), a person may sell a plastic product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the plastic product meets the relevant standard adopted by the department pursuant to Section 42356.2.
(4)(A)A plastic product shall not be labeled with the term home compostable unless the manufacturer of that plastic product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C).
(B)Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term home compostable on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a plastic product labeled with the term home compostable shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability.
(C)If the department adopts a standard pursuant to Section 42356.2, a plastic product labeled with the term home compostable shall meet that standard and not the standard specified in subparagraph (A) or (B).
(b)Except as provided in subdivision (a) or (f), a person shall not sell a plastic product in this state that is labeled with the term biodegradable, degradable, or decomposable, or any form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(c)The director may issue guidelines, consistent with this chapter, for determining whether a plastic product is not compliant with the labeling requirements of this section, and whether a plastic product is designed, pigmented, or advertised in a manner that is misleading to consumers.
(d)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.
(e)A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission.
(f)(1)The department may adopt the European Committee for Standardizations standard specification EN 17033:2018 entitled PlasticsBiodegradable mulch films for use in agriculture and horticultureRequirements and test methods or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020.
(2)A person may sell commercial agricultural mulch film labeled with the term soil biodegradable only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability.
(3)For purposes of this subdivision, commercial agricultural mulch film means film plastic that is used only as a technical tool in commercial farming applications.
(g)(1)A person shall not sell a plastic product in this state that is labeled with the term compostable, home compostable, or soil biodegradable unless the product satisfies all of the following:
(A)Meets the D6400 or D6868 ASTM Test Method for compostability.
(B)Has certification from the Biodegradable Products Institute or a third party, subject to paragraph (2), for meeting compostability and toxicity standards.
(C)Is an allowable organic input under the requirements of the National Organic Program and the Department of Food and Agricultures Organic Input Material Program.
(D)Does not include intentionally added perfluorinated compounds.
(E)Is labeled in a manner that clearly distinguishes the product from a noncompostable or nonbiodegradable product upon quick inspection by consumers and solid waste processing facilities.
(2)For purposes of subparagraph (B) of paragraph (1), the director may approve a recognized third-party independent verification body that has certification requirements that are equivalent to, or more stringent than, those required by the Biodegradable Products Institute.
(3)The department may adopt regulations for plastic product labeling to ensure that plastic products labeled compostable or home compostable are clearly distinguishable from noncompostable products upon quick inspection by consumers and solid waste processing facilities. The department, in adopting regulations pursuant to this subdivision, may consider the plastic product labeling requirements of other states to maximize consistency with those requirements when possible.
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Date
|
Status
|
|---|---|
| Oct 5, 2021 | Chaptered by Secretary of State - Chapter 504, Statutes of 2021. |
| Oct 5, 2021 | Approved by the Governor. |
| Sep 20, 2021 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 9, 2021 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3072.). |
| Sep 9, 2021 | Assembly Rule 63 suspended. (Page 3063.) |
| Sep 9, 2021 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 9, 2021 | Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 2. Page 2567.). |
| Sep 7, 2021 | Read second time. Ordered to third reading. |
| Sep 3, 2021 | Read third time and amended. Ordered to second reading. |
| Aug 30, 2021 | Read second time. Ordered to third reading. |
| Aug 26, 2021 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 26). |
| Aug 23, 2021 | In committee: Referred to APPR suspense file. |
| Aug 18, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Aug 16, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jul 7, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jun 23, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q. |
| Jun 14, 2021 | In committee: Hearing postponed by committee. |
| Jun 9, 2021 | Referred to Com. on E.Q. |
| May 28, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1685.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | From committee: Do pass. (Ayes 16. Noes 0.) (May 20). |
| Apr 21, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 19, 2021 | Coauthors revised. |
| Apr 6, 2021 | Re-referred to Com. on APPR. |
| Apr 5, 2021 | Read second time and amended. |
| Mar 26, 2021 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 24). |
| Mar 4, 2021 | Referred to Com. on NAT. RES. |
| Feb 19, 2021 | From printer. May be heard in committee March 21. |
| Feb 18, 2021 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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|
|---|---|---|---|---|
| Sep 9, 2021 | AB 1201 TING Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 9, 2021 | Assembly 3rd Reading AB1201 Ting et al. By Allen | Senate Floor |
Passed |
|
| May 28, 2021 | AB 1201 Ting Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Co-Author(s):