S-4161               _______________________________________________

                                                   SENATE BILL NO. 6535

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Talmadge and Lee

Read first time 1/25/88 and referred to Committee on Environment & Natural Resources.

AN ACT Relating to biodegradable solid waste; adding a new section to chapter 70.95 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.95 RCW to read as follows:

          (1) A retail establishment shall not sell or otherwise provide goods to consumers that are placed, wrapped, packed in, or sold with nonbiodegradable retail packaging.

          (2) A violation of this section shall be punishable by a civil penalty not to exceed five hundred dollars for each violation.

          (3) As used in this section:

          (a) "Packaging" means all wrappings, adhesives, cords, bindings, strings, bags, boxes, containers, and disposable or nonreusable plates, cups, eating utensils, or drinking utensils.

          (b) "Biodegradable packaging" means packaging made of cellulose-based or other substances that are capable of being readily attacked, decomposed, assimilated, and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide.

          (c) "Retail packaging" means packaging that is added or applied to the goods or provided for the purpose of containing the goods by a retail establishment on its premises.

          (d) "Nonbiodegradable packaging" means pure or composite plastic or petroleum-based packaging that is not capable of being readily attacked, decomposed, assimilated, or otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide.  "Nonbiodegradable packaging" does not include:

          (i) Containers or packaging for liquid foods such as milk, soda, beer or other foods that require or have a deposit-refund mechanism to help assure that the container is recycled and does not enter the waste stream;

          (ii) Packaging for uncooked or raw meat or vegetables; or

          (iii) Containers or packaging for medicines and medical supplies.

          (e) "Retail establishment" means all sales outlets, stores, shops, or other places of business that operate primarily to sell goods, including but not limited to ready-to-eat or take-out food, directly to the ultimate consumer.

          (f) "Goods" means any merchandise, products, or other items for sale.