In the News

California Restricts Environmental Marketing Claims on Plastic Bags

Oct 28, 2008

Governor Arnold Schwarzenegger signed AB 1972 on September 27, which prohibits the sale of plastic bags, and food and beverage containers that are labeled as "biodegradable," "degradable," or "decomposable." The new legislation, which takes effect January 1, 2009, also prohibits labeling plastic bags and food service containers as "compostable" or "marine degradable" unless the manufacturer can substantiate that the products meet the ASTM Standard Specification for Compostable Plastics D6400 (as published in September 2004), the ASTM Standard Specification for Non-Floating Biodegradable Plastics in the Marine Environment D7081 (as published in August 2005), or a standard adopted by the California Integrated Waste Management Board (CIWMB).

The legislation does authorize CIWMB to adopt new versions of these standards provided the Board determines the new versions are more stringent. The Board may also adopt new terms provided there are applicable ASTM standard specifications. This legislation also requires the Board to review and authorize any revisions of specified ASTM standards prior to adopting those standards.

Prior to passage of AB 1982, California law allowed plastic bags, and plastic food and beverage containers to be labeled as "biodegradable," "degradable," or "decomposable" if they met current ASTM standards for the term used on the label. The new legislation is based on the premise that the nature of biodegradation is complex and the ability of a plastic bag or a plastic container to biodegrade is a function of both the physical and chemical makeup of the bag or the container, as well as the environmental condition that it is subject to. Therefore, these terms are prohibited until standards for the terms can be approved by the Legislature.

The assembly floor analysis of AB 1972 stated that this bill was introduced after packaging made with a new material, "oxo-degradable" plastic, was advertised as compostable or degradable even though it did not meet ASTM standards. According to the bill's author, Assembly Member Mark DeSaulnier (D-Martinez), the bill was intended to insure that manufacturers who label their products "biodegradable" or "compostable" are meeting new and updated standards.

The legislation amends Sections 42356, 42357, and 42359.5 of the Public Resources Code, relating to solid waste. The chaptered version of AB 1972 can be found here.

A companion bill, AB 2071, that imposes civil liabilities on suppliers or manufacturers who label plastic bags or plastic food or beverage containers without meeting the specified standards for the term used on the label, was also signed into law by Governor Schwarzenegger in September. This legislation authorizes cities, counties, and the state to impose civil liabilities ranging from $500 to $2,000 for violating these labeling regulations. The chaptered version of AB 2071 can be found here.