H-616                _______________________________________________

                                                   HOUSE BILL NO. 1481

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Chandler, Rust, Winsley, Nealey, Schmidt, S. Wilson, Silver, Fuhrman, Betrozoff and Smith

Read first time 1/25/89 and referred to Committee on Environmental Affairs.

AN ACT Relating to biodegradable plastic 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 wholesale or retail establishment shall not sell or otherwise provide goods to consumers that are placed, wrapped, packed in, or sold with nonbiodegradable packaging.

          (2) A violation of this section shall be punishable by a civil penalty not to exceed three 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) "Wholesale or retail packaging" means packaging that is added or applied to the goods or provided for the purpose of containing the goods by a wholesale or retail establishment on its premises.

          (c) "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.

          (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, fruit, or vegetables; or

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

          (e) "Wholesale or retail establishment" means all sales outlets, distributors, 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, indirectly for resale or directly for sale to the ultimate consumer.

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