SB 1046 (Eggman & Gonzalez) Plastic Produce Bags

OVERVIEW

SB 1046 will increase consumer participation in organic waste programs by requiring grocery stores to distribute only paper or compostable pre-checkout bags.

WHY INCREASE ACCESS TO COMPOSTABLE BAGS?

Californians need a cost-efficient way to participate in curbside organic waste programs in order to maintain a compost stream free from plastic pollution.

Since 2022, SB 1383 (Lara, Chapter 395, Statutes of 2016) has required all California jurisdictions to provide organic waste collection services to all of their residents. Approximately 540 jurisdictions across California are educating and encouraging residents to participate in organic waste collection programs by separating food waste into their green bins. Organic waste collection programs can opt to send their organic waste to composting facilities that make soil amendments.

Frequently cited barriers to participating in a curbside organic waste collection program include odor, pest concerns, and “the high cost of buying separate compostable caddy liners”.

Furthermore, several studies have shown that contamination in compost waste streams decreases when consumers have convenient access to compostable bags. In a 2018 food waste collection trial in New York City, compostable bags were found to be the most effective tool for reducing compost stream contamination. This same trial also found that consumers were able to more successfully collect and separate organic waste due to the convenience of having a compostable bag readily available.

By providing paper or compostable pre-checkout bags, SB 1046 (Eggman & Gonzalez, Chapter 991, Statutes of 2022) will provide all Californians a cost-efficient way to participate in their curbside organic waste programs and reduce the amount of organic waste rotting in landfills.

 

THE ISSUE OF PLASTIC CONTAMINATION IN ORGANICS RECYCLING

Under SB 1383, organic waste collection programs can opt to send their organic waste to composting facilities that make soil amendments. In California, many of the plastic produce bags we use for our fresh fruits and vegetables while shopping in stores end up in compost waste streams and thereby contaminates municipal compost facilities. This type of contamination not only increases microplastics in compost, but also leads to increased handling costs which in turn leads to higher rates for consumers. As local governments begin implementing the composting requirements set forth in 2016’s SB 1383 (Lara), it is critical that we work to ensure that our waste streams are as clean and uncontaminated as possible.

SB 1046 will reduce plastic contamination in compost waste stream by providing consumers a recycled paper bag or compostable plastic bag to line their food scrap bins.

 
 

Position: Sponsored by Californians Against Waste
Contact: Nick Lapis & Krystal Raynes

A press release from the Office of Senator Susan Eggman. Read the Mercury News article mentioned in the press release here.

Status: Signed by the Governor
Current language, analysis, and votes:  SB 1046

 

WHAT DOES SB 1046 DO?

SB 1046 prohibits stores from providing a pre-checkout bag that is not a recycled paper bag or compostable plastic bag.

Paper bags must be made of recycled material.

Compostable plastic bags must meet specific requirements.

 

FREQUENTLY ASKED QUESTIONS

  • SB 1046 goes into effect January 2025.

  • Compostable pre checkout plastic bags must:

    ●       Be eligible to be labeled with the terms “compostable” or “home compostable” per California law.

    ●       Use green, beige, or brown tinting or color schemes.

    ●       Have a mouth of at least 15 inches.

  • A “pre-checkout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to:

    ●       loose produce,

    ●       meat or fish,

    ●       nuts,

    ●       grains,

    ●       candy, and

    ●       bakery goods.

    “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store (e.g. prebagged mandarins, potatoes, etc). .