Bill Text: AZ SB1401 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: Plastic products; standardized labeling
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-23 - Referred to Senate RULES Committee [SB1401 Detail]
Download: Arizona-2010-SB1401-Introduced.html
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REFERENCE TITLE: plastic products; standardized labeling |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1401 |
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Introduced by Senator Gray C
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AN ACT
AMENDING TITLE 44, CHAPTER 9, Arizona Revised Statutes, BY ADDING ARTICLE 22; RELATING TO PLASTic PRODUCT LABELING AND MARKETING.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 22, to read:
ARTICLE 22. PLASTIC PRODUCT LABELING AND MARKETING
44-1378. Definitions
In this article, unless the context otherwise requires:
1. "Biodegradable", when referring to plastic, means a degradable plastic in which the degradation results from the action of naturally occurring microorganisms such as bacteria, fungi and algae, when disposed of in a customary manner and after a reasonable period of time.
2. "Compostable", when referring to plastic, means a plastic that undergoes biological degradation during home composting to yield carbon DIOXIDE, water, inorganic compounds and biomass at a rate similar to other known compostable materials, such as grass and foodstuffs, and that leaves no visually distinguishable or toxic residues. The term "compostable" may be used for products that require municipal or institutional composting for breakdown, rather than home composting, if the claim is accompanied by information regarding the requirement for municipal or institutional composting.
3. "Degradable", when referring to plastic, means a plastic that is designed to undergo a significant change in its chemical or physical structure under specific environmental conditions and that results in a loss of some properties that may vary as measured by standard test methods that are appropriate to the plastic and to the application and that occurs in a period of time that determines its classification.
44-1378.01. Environmental claims; biodegradable, compostable or degradable verification; consumer fraud violation
A. A person shall not market, promote, distribute, sell or expose for sale in this state any plastic product or plastic packaging that is labeled or described as "biodegradable", "compostable" or "degradable" or any symbol designed to imply that one or more of those terms apply unless the product is verified to meet those specific, descriptive claims by sound scientific testing as provided in this section.
B. sound scientific testing for verification of claims consists of tests, analyses, research and other evidence-based science that is evaluated in an objective manner by qualified persons using procedures that are generally accepted by internationally recognized standards boards such as the American society for testing and materials international or the international organization for standardization. A certification from an industry-specific organization or other third party does not constitute sound scientific testing for verification of claims and is insufficient evidence of validity.
C. A person who violates this section is guilty of an unlawful trade practice pursuant to section 44-1522 and is subject to enforcement pursuant to chapter 10, article 7 of this title.
44-1378.02. Request for documentation
On request from any person or organization or any government agency, the manufacturer, distributor or supplier of plastic products or plastic packaging that bear the term "biodegradable", "compostable" or "degradable" shall provide within thirty days after a written request the information and documentation that demonstrate compliance with this article. The information and documentation shall be in an easily readable format.
44-1378.03. Applicability
This article applies to plastic products and plastic packaging that are manufactured, distributed, sold, marketed or promoted in this state. END_STATUTE
Sec. 2. Intent
It is the intent of the legislature by this act to standardize the use of terms employed in labeling plastic products and plastic packaging and to promote truth in advertising.
