AB 2071 (Karnette) Plastic Labelling Enforcement


Summary.
Will give enforcement power to local governments to ensure accurate labelling of the compostablility of plastic products.

Position and Status.
CAW Supports. AB 2071 was signed into law by Governor Schwarzenegger Sep. 29. Previously, the bill passed an Assembly concurrence vote Aug 28 with a 76-1 vote, passed off the Senate Floor Aug 20 with a 24-11, passed out of the Sen. Judiciary committee June 24 with a 4-1 vote, was voted off the Assembly Floor May 19 with a 73-1 vote, passed out of Asm. Judiciary with a unanimous vote April 15 and passed out of Asm. Natural Resources April 7 with a unanimous vote.

Description.
Municipalities that have invested thousands in residential composting rely upon accurate labeling of plastic bag compostability. Currently, however, many plastic products are mislabeled as "compostable" or "biodegradable" even though they do not meet American Society for Testing and Materials (ASTM) standards, as required by law. AB 2071 would give local governments authority to fine companies that mislabel their products.

CAW Staff Contacts.
Bryan Early ph: 916-443-5422 fx:916-443-3912

Current Actions.
No current actions for this bill.

Assembly Member Betty Karnette
State Capitol, Sacramento, CA 95814

Supporters.
Californians Against Waste (Sponsor)
Biodegradable Products Institute
California Film Extruders & Converters Association
Cereplast
Sierra Club California

Current Language, Analyses and Votes.

Additional Resources:

 


California labeling laws and biodegradable plastics

A SLEAZY MIX OF POLITICS, MONEY, and MISLEADING PROPAGANDA POLLUTES CALIFORNIA'S ENVIRONMENTAL LABELING LEGISLATION

The state of California has passed a law, assembly bill number 2417, stating that the words biodegradeable, oxo-biodegradable, degradable, and every possible synonym for those words, in effect, belong to the corn-based plastics (PLA) industry.  No biodegradable plastic made out of naphtha, an otherwise useless industrial byproduct, may be labeled biodegradable, nor any synonym thereof, may, given current technlogy, be called biodegradable, even if they do, in fact, biodegrade in one day longer than 120 days.   This is true even if the biodegradable plastic alternatives are far more likely to biodegrade in a landfill that the corn based plastic alternative.  The net effect of this is to increase the demand for corn based plastics. The result of making non-food items out of corn has driven a price spike in the world grain supply that threatens hundreds of millions of impoverished third world citizens with starvation. 

A further effect of this is to deny the citizens of California the benefits of new technology that makes inexpensive, recyclable, disposable plastic products-garbage bags, shopping bags, plastic cutlery, straws, styrofoam cups and containers, deli containers, soda bottles, etc. etc.  The corn based plastics cannot be recycled under in any existing system in place in California, whereas the naphtha based biodegradable plastic alternatives can.  In fact, the recycling lobby is trying to ban corn based plastic bottles, because it gets confused with PET, and wrecks their recycled PET plastic batches.

Who is behind this?  I can't prove it, but I strongly believe that Cargill Inc. and Dow Inc. have been working behind the scenes to create this spike in corn prices, with no concern whatsoever for the lives of hundreds of millions of people who struggle to find food every day.  Cargill has acquired the 50 percent interest in Cargill Dow LLC previously 100% owned by Dow Chemical Co. and has renamed the company NatureWorks LLC.  That's right, that friendly neighbor Dow that brought you napalm and Agent Orange.  Cargill is a huge company that has a great interest in making things besides food out of corn-no matter how many millions of children in the third world starve to death as a result.   Campaign contribution laws in this country are so lax that I don't think they even had to break the law to get away with this appalling tactic. 

Our plastic products biodegrade in the ground in 9 months to 5 years, but we cannot label them biodegradable in the State of California. The ASTM standard that California law refers to is a standard that requires high temperatures and frequent mixing-none of which happens in landfills.  IMHO the California standard is in fact likely to mislead the public into believing that their corn based plastic products will degrade under circumstances that do not describe an ordinary landfill. 

Tim Dunn, http://biogreenproducts.biz