Product safety: plastic packaging: substances.

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION Assembly Bill No. 1290 Introduced by Assembly Member Luz Rivas February 16, 2023 An act to add Chapter 3.1 (commencing with Section 42090) to Part 3 of Division 30 of the Public Resources Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 1290, as introduced, Luz Rivas. Product safety: plastic packaging: substances. Existing law establishes the Plastic Pollution Prevention and Packaging Producer Responsibility Act, which covers certain single-use packaging and plastic single-use food serviceware, as provided. As part of its comprehensive statutory scheme, the act requires the producers, as defined, of these covered materials to source reduce covered plastic material, to ensure that covered material offered for sale, distributed, or imported in or into the state on or after January 1, 2032, is recyclable or compostable, and to ensure that covered plastic material offered for sale, distributed, or imported in or into the state meets specified recycling rates. Existing law prohibits any person from distributing, selling, or offering for sale in the state any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS), as defined, and requires a manufacturer to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. Existing law similarly prohibits, beginning July 1, 2025, a person from manufacturing, distributing, selling, or offering for sale in the state any new, not previously owned, textile articles that contain regulated PFAS, except as specified. This bill would prohibit, beginning January 1, 2026, a person from manufacturing, selling, offering for sale, or distributing in the state, (1) opaque or pigmented polyethylene terephthalate plastic bottles, and (2) plastic packaging that contains certain chemicals, pigments, or additives, as specified. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Chapter 3.1 (commencing with Section 42090) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 3.1. Plastic Bottles and Packaging 42090. (a) For purposes of this chapter, the following definitions apply: (1) “Nondetectable pigments” means pigments added to plastic packaging to provide color to the plastic that are not detectable by technology used for recycling by mechanical means. (2) “Opaque or pigmented polyethylene terephthalate (PET) bottles” means plastic bottles made with pigments or other additives that provide color to the bottles other than transparent blue or green or that cause the bottles to be opaque. (3) “Oxo-degradable additives” means additives that, through oxidation, lead to the fragmentation of plastic material into micro-fragments or to chemical decomposition, including oxo-biodegradable additives. (4) “Packaging” has the same meaning as in Section 42041. (5) “Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” has the same meaning as in Section 108970 of the Health and Safety Code. (6) “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” has the same meaning as in Section 108970 of the Health and Safety Code. (7) “Rigid plastic packaging containing polyethylene terephthalate glycol” means a “rigid plastic packaging container,” as defined in Section 42301, that contains polyethylene terephthalate glycol. (b) Commencing January 1, 2026, no person shall manufacture, sell, offer for sale, or distribute in the state any of the following: (1) Opaque or pigmented polyethylene terephthalate bottles. (2) Plastic packaging that contains any of the following: (A) Nondetectable pigments. (B) Oxo-degradable additives. (C) Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS. (D) Polyvinyl chloride. (E) Polyvinylidene chloride. (3) Rigid plastic packaging containing polyethylene terephthalate glycol.