In the News

California Bill Would Ban Non-compostable and Non-recyclable Food Service Packaging

Apr 6, 2010

A recently introduced bill in California, The Plastic Ocean Pollution Reduction, Recycling, and Composting Act (AB 2138), would prohibit distribution of disposable food service packaging and single-use carryout bags by food providers, unless the packaging or bags are either compostable or recyclable.

The bill defines "recyclable packaging" as:

• Packaging that is accepted back for recycling by the food provider;
• Packaging that is accepted for recycling in a residential collection program available to at least 75 percent of households; and
• Packaging that is recovered for recycling at a rate of 25 percent or more.

The bill defines "compostable packaging" as:

• Packaging that is accepted back for composting by the food provider;
• Packaging that is accepted for composting in a residential collection program available to at least 75 percent of households; and
• Packaging that is made of a material that meets the ASTM International D6400, Standard Specification for Compostable Plastics (as published in September 2004).

Straws, cup lids, utensils, and single-use disposable packaging for unprepared foods would not be included in the ban. The bill, introduced on February 18, 2010 by Assembly Member Wesley Chesbro (D-North Coast), has been referred to the committees on Natural Resources and Judiciary. The Natural Resources Committee, which Chesbro chairs, has scheduled a hearing on the bill on April 12, 2010.

Under a current California law restricting environmental claims that became effective in July 2009, plastic bags and food service containers may only be labeled as "compostable" if the manufacturer can substantiate that they meet the ASTM D6400 standard. (For more information on this law, see the PackagingLaw.com article, California Restricts Environmental Marketing Claims on Plastic Bags.)