Existing law prohibits a person from selling a plastic bag or a plastic food or beverage container in this state that is labeled with the term “compostable,” “biodegradable,” “degradable,” or any form of those terms, or in any way that implies that the plastic bag or plastic food or beverage container will break down in a landfill, composting, marine, or other natural terrestrial environment, unless, at the time of the sale, the plastic bag or plastic food or beverage container meets specified standards for the term used on the label. Existing law also requires a manufacturer or supplier of plastic bags or plastic food or beverage containers, upon the request of a member of the public, to submit to that member, within 90 days of the request, specified information and documentation relating to the manufacturer’s or supplier’s compliance with that labeling requirement.

This bill would authorize a city, a county, or the state to impose civil liability, in specified amounts, for violations of the above provisions and would require any civil penalties collected to be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action. The bill would authorize any penalties collected by the Attorney General to be expended by the Attorney General, upon appropriation by the Legislature, to enforce those provisions. This bill would provide that the remedies are not exclusive and are in addition to the remedies that may be available pursuant to prescribed enforcement provisions of the Unfair Practices Act. The bill would require any costs incurred by a state agency in carrying out the above provisions to be recoverable by the Attorney General, upon the request of the state agency, from the liable person or persons.