1. Consideration of Plastic Trash Bag Manufacturers and Wholesalers Compliance with the Plastic Trash Bag Law for the 2002 Reporting Period

2. Statutory Requirements Annually publish a compliance list Non-compliant companies cannot contract with the state –Remain ineligible until Board determines that they are in compliance with the law Other state agencies rely on the Board’s lists: –Bidding and award contracts –Purchasing of compliant trash bags

3. Wholesaler Certification Requirements Certify the name of each trash bag manufacturer from whom the wholesaler purchased trash bags The physical location from which trash bags were shipped that were intended for sale or distribution in California

4. Manufacturer Certification Requirements Actual Post-Consumer Material (APCM) Content: –10 percent in trash bags, or –30 percent in all plastic products Demonstrate that there was insufficient supply of APCM that met Board Quality Standards

5. Wholesaler CertificationSummary Certifications sent to 292 potential wholesalers: –183 in compliance –0 not in compliance –48 were not regulated –61 did not respond Staff to follow up on these companies

6. Manufacturer Certification Summary Certifications were sent to 40 trash bag manufacturers: –22 in compliance through 10 % APCM –2 not in compliance –12 did not respond Staff will follow up with these companies –4 applied for an exemption

7. 2002 Company Exemption Data Account for 55 percent of regulated plastic trash bag tonnage sold into CA –37,811 tons of trash bags Account for 13 percent of APCM tonnage used in CA trash bags –1,199 tons APCM

8. Company Exemption Summary Trans Western –APCM 1% –CA trash bags 5% –Actively working to meet 30% compliance option Pactiv –APCM 7.5% –CA trash bags 7% –Purchased and processed own APCM PolyAmerica –APCM 4.1% –CA trash bags 29% –Did not test samples in 2002 Clorox –APCM 0% –Ca trash bags 14% –Tested five samples in 2002 with mixed results

9. 2002 APCM Use Summary Total of 6,473 tons of APCM used in all trash bags sold into CA Average percent of APCM in all trash bags sold into CA was just under 10 % A total of 69,266 tons of regulated trash bags were sold into CA

10. Manufacturers must document that available APCM failed to meet Board quality standards: Each APCM supplier contacted Mutually agreed upon tests and specifications Independent test results, or a certification from the APCM supplier, showing that the material does not meet quality standards A discussion of reasons for rejecting each sample or shipment A statement from the supplier describing the quality of the material that was rejected