Plastic products: labeling.

Existing law, as of January 1, 2013, prohibits the sale of a plastic product, including plastic bags, labeled as "compostable," "home compostable," or "marine degradable" unless it meets certain specifications, certifications, or a standard adopted by the Department of Resources Recycling and Recovery. Existing law also prohibits the sale of a plastic product that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified, and imposes certain labeling requirements upon a manufacturer of a compostable plastic bag. Prior to January 1, 2013, existing law imposed those prohibitions on plastic bags and plastic food or beverage containers. Existing law provides for the imposition by a city, a county, or the state of a civil penalty for a violation of those prohibitions. This bill would instead prohibit a manufacturer from selling a plastic product that does not meet those labeling requirements. The bill would delete the authority of a city or county to impose a civil penalty for a violation of those provisions. The bill would prohibit a civil penalty or other liability from being assessed, and would prohibit an action to enforce the labeling requirements from being commenced, continued, or maintained, unless the action is preceded by a written notice and the person is given an opportunity of not less than 30 days to remedy the violation. The bill would apply this prohibition to assessments and actions to enforce labeling requirements pursuant to the provisions regulating the labeling of plastic products on and after January 1, 2013, or plastic bags before that date, if the person manufacturing the plastic product submits an action plan to the department, city, or county and the plan is approved, as specified. The bill would provide that the action plan may allow the sale of a plastic product that is not in compliance until a date specified in the action plan. The bill would require the department, city, or county to approve the action plan within a specified time and the person would be required to agree to comply with the labeling requirements on or after the date specified in the action plan.