Recycling: plastic products.

Existing law prohibits a person from selling a plastic bag or a plastic food or beverage container that is labeled as "compostable" or "marine degradable" unless that plastic bag or container meets certain American Society for Testing and Materials (ASTM) standard specifications or a standard adopted by the Department of Resources Recycling and Recovery. Existing law prohibits the sale of a plastic bag or plastic food or beverage container that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified. Existing law requires a manufacturer of a compostable plastic bag meeting specified standards to ensure that the compostable plastic bag is "readily and easily identifiable." Existing law provides for the imposition of a civil penalty for a violation of these prohibitions. This bill would repeal those prohibitions on January 1, 2013, and would instead, as of January 1, 2013, prohibit the sale of a plastic product, as defined, labeled as "compostable," "home compostable," or "marine degradable" unless it meets those ASTM standard specifications, the OK Compost HOME certification, as specified, or a standard adopted by the department, or unless the plastic product is labeled with a qualified claim for which the department has adopted an existing standard, and the plastic product meets that standard. The bill would prohibit the sale of a plastic product that is labeled as "biodegradable," "degradable," "decomposable," or as otherwise specified. The bill would provide for the continuation of the labeling requirements imposed upon a manufacturer of a compostable plastic bag. The bill would provide for the imposition of a civil penalty for a violation of those prohibitions. The bill would state legislative findings and declarations regarding plastic litter.