Today's Law As Amended

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AB-1171 Solid waste: food packaging material: local regulation.(2019-2020)



SECTION 1.

 Chapter 6 (commencing with Section 48710) is added to Part 7 of Division 30 of the Public Resources Code, to read:

CHAPTER  6. Local Agency Regulation of Food Packaging Material
48710.
 (a) For purposes of this section, the following definitions apply:
(1) “Curbside program” means a recycling or composting program that picks up waste material from individual or multiple family residences, or both, with the intent to recycle or compost the waste material, operated by, or pursuant to a contract with, a local agency, or is acknowledged, in writing, by a local agency.
(2) “Grocery store” means a store primarily engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, and fresh meats, fish, and poultry and any area that is not separately owned within the store where food is prepared and served, including a bakery, deli, and meat and seafood counter.
(3) “Local agency” means a city, county, city and county, or other local public agency.
(b) A local agency shall not require a grocery store to use a certain type of food packaging for any food sold in the grocery store unless the majority of residential households within the jurisdiction of the local agency have access to a curbside program that accepts the material from which that food packaging is made.
(c) A local agency shall not prohibit a grocery store from using a certain type of food packaging for any food sold in the grocery store if a majority of residential households within the jurisdiction of the local agency have access to a curbside program that accepts the material from which that food packaging is made.
(d) (1) Except as provided in paragraph (2), a local agency shall not enforce or implement an ordinance, resolution, regulation, or rule, or make any amendment to an ordinance, resolution, regulation, or rule, that violates or is in conflict with subdivision (b) or (c).
(2) A local agency that, as of December 31, 2019, has an ordinance, resolution, regulation, or rule that violates or is in conflict with subdivision (b) or (c) may continue to implement and enforce that ordinance, resolution, regulation, or rule only until January 1, 2023.
(e) (1) If a local agency requires a grocery store to use a certain type of food packaging, the local agency shall identify the type of food packaging using standardized specifications, active at the time of the enactment of the requirement, from an established national or international organization, including, but not limited to, ASTM International or the International Organization for Standardization, or using standardized specifications identified or recognized by the department.
(2) Standardized specifications recognized only by one or more local agencies, but that do not meet the requirement in paragraph (1), shall not be used to identify food packaging pursuant to this subdivision.