Bill Text: HI SB1170 | 2015 | Regular Session | Amended
Bill Title: Environment; Plastic Products; Prohibition Against Biodegradable, Degradable, and Decomposable Labeling; Compostable; Penalties
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2015-02-20 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN/JDL. [SB1170 Detail]
Download: Hawaii-2015-SB1170-Amended.html
|
THE SENATE |
S.B. NO. |
1170 |
|
TWENTY-EIGHTH LEGISLATURE, 2015 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PLASTIC PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to prohibit the sale of plastic products labeled as "biodegradable", "degradable", and "decomposable" and require the department of health to adopt the most recent ASTM International standard D6400, "Standard Specification for Compostable Plastics", ensuring that plastic products labeled as "compostable" meet the adopted applicable standard specification.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . Plastic PRODUCT labeling
§342H- Definitions. As used in this part, unless the context otherwise requires:
"Biodegradable" means capable of being slowly destroyed and broken down into very small parts by natural processes.
"Compostable" means able to meet the most recent ASTM International standard D6400, "Standard Specification for Compostable Plastics".
"Consumer product" means a product or part of a product that is used, bought, or leased for use by a person for any purpose.
"Decomposable" means capable of being broken down into a much simpler form of matter.
"Degradable"
means capable of disintegrating, by
naturally occurring biological or physical processes in the
environment, within a period of three years after disposal into fragments that
are smaller than the original size or into particles of low molecular weight
compared to the molecular weight of the original material.
"Plastic" has the same meaning as in section 342H-41.
"Plastic product" means a product made of plastic, alone or in combination with other material, including but not limited to a consumer product; a package or packaging component; a bag, sack, wrap, or other thin plastic sheet film product; a food or beverage container; or a container component.
§342H- Adoption of standard specification for compostable. (a) The department shall adopt:
(1) The most recent ASTM International standard D6400, "Standard Specification for Compostable Plastics";
(2) A standard specification that adds qualifications to the ASTM International standard specification; or
(3) A standard specification that is adopted or developed by a standard-setting organization and is more stringent than the ASTM International standard specification.
(b) If an adopted standard specification for compostable is subsequently revised, the department shall review the new standard specification in comparison with the standard specification prior to its revision, as follows:
(1) If the department determines that the new standard specification is more stringent and consistent with state policies and programs, the department may adopt the new standard; and
(2) If the department determines that the new standard specification is less stringent and not consistent with state policies and programs, the department shall not adopt the new standard.
(c) The department shall review any new standard specification for compostable and if the department determines that the new standard specification is more stringent and consistent with state policies and programs, the department may adopt the new standard specification for compostable.
§342H- Prohibition against biodegradable, degradable, and decomposable label; exception for compostable label. (a) No person shall sell a plastic product labeled with the term "biodegradable", "degradable", or "decomposable" or imply that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.
(b) A person may sell a plastic product that is labeled as "compostable" if the plastic product meets the applicable standard specification adopted by the department and the department has verified that the plastic product meets the adopted specification standard; provided that, in addition, compostable plastic products shall be:
(1) Clearly labeled with a certification logo indicating that the plastic product meets the adopted standard specifications;
(2) Green in color and labeled with the word "compostable" on both sides of the plastic product; and
(3) Not labeled with a recycling symbol.
§342H- Fines. Violators shall be fined:
(1) $500 for the first violation;
(2) $1,000 for the second violation; and
(3) $2,000 for the third and subsequent violations."
SECTION 3. This Act shall take effect on January 1, 2016.
Report Title:
Environment; Plastic Products; Prohibition Against Biodegradable, Degradable, and Decomposable Labeling; Compostable; Penalties
Description:
Requires the department of health to adopt a standard specification for compostable and that plastic products labeled as "compostable" meet the applicable standard specification adopted by the department of health. Prohibits a person from selling plastic products labeled as "biodegradable", "degradable", or "decomposable" or implying that a plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment; and provides an exception for plastic products labeled as "compostable" if certain criteria are met. Establishes fines for violators. Takes effect on 1/1/2016. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
