SF 3637

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to regulation of trade; prohibiting the sale of certain plastics that do not
meet a specification; providing for penalties; proposing coding for new law
in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.046] BIODEGRADABLE STANDARD FOR PLASTIC BAGS
AND CONTAINERS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin A person may not manufacture or bring into this state
for sale in this state a plastic bag or container labeled "compostable," "biodegradable,"
"degradable," or any form of those terms, or in any way imply that the bag or container
will break down in a landfill, composting, or other terrestrial environment unless, at the
time of sale, the bag or container meets the ASTM Standard Specification for Compostable
Plastics (D6400). For purposes of this section "ASTM" has the meaning given in section
296A.01, subdivision 6.
new text end

new text begin Subd. 2. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A person who violates
subdivision 1 is subject to a civil penalty of $100 for each violation up to a maximum of
$5,000 and may be enjoined from such violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 1 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end