SB3111.DOC

THE SENATE	S.B. NO.	3111
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

relating to the environment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that increased environmental harm might result from plastic bags that are marketed or promoted as "biodegradable", "degradable", or "compostable" but that do not meet the appropriate standard or specification because consumers may be more cavalier in their use of plastic bags on or near the ocean or other natural environments if they mistakenly believe that these products will meet their expectations for "biodegradable", "degradable", or "compostable". Industry usage of those terms differs drastically from consumer expectations of those terms.

The legislature further finds that the ASTM International and the European Committee for Standardization issue globally recognized standards or specifications. In 2011, ASTM International withdrew ASTM D 6002, which many plastic manufacturers had used to lend credibility to plastic bags that were labeled as compostable. That standard has not yet been replaced.

The purpose of this Act is to prevent the sale in bulk of any plastic bag advertised, labeled, marked, marketed, or promoted as "biodegradable", "degradable", or "compostable" unless the department of health determines that such products meet the appropriate ASTM International standard specification or European Committee for Standardization standard as adopted by the department.

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 bag labeling

§342H- Definitions. As used in this part, unless the context otherwise requires:

"Biodegradable" means able to meet the ASTM International standard specification or European Committee for Standardization standard that has been adopted by the department for biodegradability.

"Compostable" means able to meet the ASTM International standard specification or European Committee for Standardization standard that has been adopted by the department for compostability.

"Degradable" means able to meet the ASTM International standard specification or European Committee for Standardization standard that has been adopted by the department for degradability.

"Plastic bag" means a bag made out of or containing high-density polyethylene or other petroleum-derived plastic, even if the bag contains other materials.

"Sell in bulk" means to sell one hundred or more plastic bags in one sale or one thousand or more plastic bags in aggregate sales in one year.

§342H- Adoption of standards. The department shall adopt ASTM International standard specifications or European Committee for Standardization standards for biodegradable, compostable, and degradable if and when the department deems such specifications or standards to be appropriate or suitable for plastic bags.

§342H- Verification. Any person wishing to sell in bulk any plastic bag advertised, labeled, marked, marketed, or promoted as "biodegradable", "degradable", or "compostable" shall first check with the department if the appropriate specification or standard has been adopted by the department and apply to the department for verification that its plastic bag meets the specification or standard adopted by the department. The applicant shall provide the department with any information requested by the department and shall pay for any testing deemed necessary by the department.

§342H- Prohibition. After December 31, 2014, no person shall sell in bulk any plastic bag advertised, labeled, marked, marketed, or promoted as "biodegradable", "degradable", or "compostable" unless:

(1) The department has adopted the appropriate specification or standard; and

(2) The department has verified that the person's plastic bags meet the adopted specification or standard.

§342H- Fines. Violators shall be fined:

(1) $100 plus $1 for each bag sold for the first violation;

(2) $500 plus $5 for each bag sold for the second violation; and

(3) $1,000 plus $10 for each bag sold for the third and subsequent violations."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________