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Senate Bill No. 1020 - HAP'TER 1033 An act to amend Section 22200 of the Business and Professions Code, relating to crimes. [Approved by Covemor September 22, 1957. Filed with Secretary of State September A 1957.1 LEGISLATIVE COUNSELS DICEST I SB 1020, Watson. Crimes: plastic bags. (1) Existing law makes it a misdemeanor for retailers to use certain plastic bags as containers for products delivered to purchasers, except as specified, or to package articles delivered to j customers, unless the bag displays a specified warning. I This bill would extend the above provisions to apply to all business establishments, and would eliminate a specified exception to the I required warning. This bill would also extend the provisions, after January 1. 1988, to the direct sale, delivery, or gift to any business establishment located in this state of such plastic bags by any manufacturer, supplier, or distributor, and would state the findings of the Legislature in this regard. The bill would impose a state -mandated local program by changing the definition of a crime.. The bill would provide that there shall be no cause of action prior to January 1. 1988, based on the amendments to Section 22200 of the Business and Professions Code made by this bili (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill wouldprovide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as foBows. SECTION 1. The Legislature finds that the citizens of this state have a substantial interest in protecting small children from harm and possibly even- death, as evidenced by the numerous warning labels found on common household items. The Legislature finds, however, that certain retailers use polyethylene plastic bags as containers for products sold to consumers without affixing warning labels to the bags. Thus, for the sake of cutting costs, certain retailers have become neglectful of their I responsibility to wam the purchaser of a product that polyethylene bags can cause suffocation if they are used improperly. The Legislature, therefore, finds and declares that all retailers, Ch. 1033 —2— distributors, and manufacturers shall be r4quired by law to affix warning labels to polyethylene -bags in order that consumers might be made aware of the dangers resulting from a misuse of these bags. SEC. 2. - Section 22200 of the Business and Professions Code is amended to read: 22200. No bag made of plastic material of an average gauge thinner than 0.001 inch which is large enough to fit over a child's head shall be used by any business establishment as a container for products delivered to purchasers, or by any other business establishment to package articles delivered to customers or other persons doing business with the establishment, or, after January 1, 1988, shall be directly sold, delivered, or given to any business establishment located in the state of California by any manufacturer, supplier, or distributor after January 1, 1988, unless there is printed upon such bag, or upon a gummed label which is securely attached to such bag, in clear legible type the following: "CAUTION -KEEP AWAY FROM SMALL CHILDREN. THE THIN FILM MAY CLING TO NOSE AND MOUTH AND PREVENT BREATHING," or a similar warding LiIX= 41a b --g y as-1�vP-nus to small children. SEC. 2.5. There shall be no cause of action prior to January 1, 1988, based on the amendments to Section 22200.of the Business and Professions Code made by Section 2 of this act. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the - only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime oriinfraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Is]