Environmental Claims Bill Goes to Governor : Legislation: The measure is the first in the United States to define ecological terms used on consumer products and in advertsing.

The first bill in the nation to try to rein in questionable claims by consumer products of environmental friendliness has gone from the California Legislature to the governor’s desk.

The proposed law would be the first broad attempt to define the slippery terms “recyclable,” “recycled,” “ozone friendly,” “biodegradable” and “photodegradable.” Consumer products failing to meet the new standards on their labels and in their advertising could be prosecuted under existing false-advertising statutes.

The bill, AB 3994, would also require manufacturers and distributors of products claiming to be “ecologically friendly,” “Earth friendly,” “environmentally lite” and the like, to keep records to justify that claim.

Any member of the public could demand to see a point-by-point written report explaining why the distributor or manufacturer is making the claim, whether the product has any “significant” adverse environmental impact or violates any state, federal or local permits, and what has been done to reduce any impact from its production, distribution and disposal.

Violation by a distributor or manufacturer would be considered a misdemeanor punishable by up to six months in jail, a $2,500 fine or both.

“There is deception in the marketplace preventing the consumer from using their dollar to help the environment,” said Gordon Hart, a lobbyist for the Sierra Club, one of the bill’s supporters.

Supported also by Californians Against Waste, and carried by Assembly members Byron Sher (D-Palo Alto), Delaine Eastin (D-Fremont) and Gwen Moore (D-Los Angeles), the proposed law is an outgrowth of a fact-finding meeting in St. Paul, Minn., last March by attorney generals from eight states. State Sen. Art Torres (D-Los Angeles) carried the bill in the Senate.

The bill passed the state Senate 29-4 on Friday and the Assembly on Tuesday by a 68-1 margin. Aides to Gov. George Deukmejian say he has until Sept. 30 to sign or veto the measure. The law would go into effect Jan. 1.

Although little organized opposition to the bill has yet to appear, Maureen Frisch, public affairs manager for Simpson Paper Co. in San Francisco, expressed worries about the measure Wednesday.

“We are very concerned about the definitions in the bill,” Frisch said. “We think the definitions might be premature.”

The Federal Trade Commission is considering its own definitions for environmental advertising claims as is the California Integrated Waste Management Board (formerly the State Solid Waste Management Board).

Further, the U.S. Environmental Protection Agency already has standards for products using recycled material. Simpson manufactures recycled papers, many of which already conform to EPA guidelines, but the company complained about having to meet varying state standards.

“We need national guidelines that we can all live with as opposed to piecemeal ones,” Frisch said.

“We’re hoping that the FTC will (adopt) our rules,” said the Sierra Club’s Hart, “because we think they’re reasonable.”

Meanwhile, at a meeting Monday in San Diego, the Council of State Governments proposed a 13-state Western coalition to jointly develop their own definitions for “green” labeling.