Today's Law As Amended


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AB-1447 Solid waste: food and beverage packaging.(2015-2016)



As Amends the Law Today


SECTION 1.

 Chapter 5.9 (commencing with Section 42360) is added to Part 3 of Division 30 of the Public Resources Code, to read:

CHAPTER  5.9. PET Plastic Packaging Recycled Content Program
42360.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Filled with food or drink” means caused to contain food or drink that is poured, placed, packed, or otherwise intentionally introduced into the applicable packaging.
(b) “PET plastic packaging” means beverage containers or food or drink packaging material consisting primarily of polyethylene terephthalate (PET) and used to contain food or beverages.
42361.
 (a) Commencing January 1, 2017, and annually thereafter, a manufacturer of PET plastic packaging that is manufactured in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, in a form and manner determined by the department, both of the following:
(1) The total number of tons of new PET plastic packaging manufactured by that manufacturer in the previous year.
(2) The total number of tons of postfilled PET plastic the manufacturer used in the manufacturing of new PET plastic packaging during the previous year.
(b) Commencing January 1, 2017, and annually thereafter, an importer of empty PET plastic packaging that is filled with food or drink in the state to be sold in the state shall demonstrate compliance with the requirements of Section 42362 by certifying to the department, either directly or by an independent third-party certifier, in a form and manner determined by the department, both of the following:
(1) The total number of tons of new PET plastic packaging used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state.
(2) The total number of tons of postfilled PET plastic used in the manufacturing of empty PET plastic packaging imported into the state by the importer during the previous year to be filled with food or drink in the state for sale in the state.
42362.
 (a) Commencing July 1, 2016, PET plastic packaging manufactured in the state shall be manufactured with a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis.
(b) Commencing July 1, 2016, empty PET plastic packaging imported into the state to be filled with food or drink in the state for sale in the state shall contain a minimum of 10 percent of postfilled PET plastic, as measured by weight and in the aggregate, on an annual basis.
42363.
 (a) A PET plastic packaging manufacturer or importer who is required to submit a certification pursuant to Section 42361 may be subject to an audit by the department to ensure that the certified percentage of postfilled PET plastic was used.
(b) If a PET plastic packaging manufacturer or importer provides the department with a false or misleading report concerning the percentage of postfilled PET plastic used, the department, within 30 days of making this determination, shall refer the false or misleading report to the Attorney General for prosecution for fraud.
(c) A person who violates this chapter is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).
(d) In addition to being guilty of an infraction pursuant to subdivision (c), a person who violates this chapter may be assessed a civil penalty by the department of not more than one thousand dollars ($1,000) for each violation, pursuant to a notice and a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(e) A civil penalty or fine received pursuant to this section shall be deposited in the Integrated Waste Management Account, and the funds in that account may be expended by the department for the administration of this chapter.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.