BAN Plastic Confetti & Mini Plastic Waste in Public Lands & Parks

BAN Plastic Confetti & Mini Plastic Waste in Public Lands & Parks

Started
January 27, 2023
Petition to
CA State Senator District 15 CA State Senator Dave Cortese
Signatures: 174Next Goal: 200
Support now

Why this petition matters

Started by Trella M. Davis

Banning plastic confetti is likely not a high priority item on your personal to-do list or getting it on your local city or county’s to-do list, but it’s a little thing that makes a big difference. When people book a party in a park or space at a camp site, they have certain rules they have to follow when filling out an online form; and there’s fines if they do not, for example, "no smoking".

Single Use Plastics (SUPs), especially dispersing and designed to be littered are banned in the European Union, in some states in the US like Florida & Alabama, many cities and counties in the US and many cities in the State of California.  Banning plastic confetti in California on public lands, parks & facilities is a miniscule resource effort that would save Tax Payer $ on clean up efforts, environment damage, wildlife harm, municipal water pollution, as well as ocean water and ocean wildlife pollution / long-term harm. 

States like Florida & Alabama have already partial or completely banned this stuff for a few years. Many cities across the world like Venice have already banned or are currently looking to ban or limit, even cities like New Orleans are currently working on a ban. The European Union's ban on certain Single Use Plastics (SUPs) like plastic confetti and glitter went into effect in October 2023. Belgium and France had already placed legal limits on use in public places. Sweden had already banned outdoor use of plastic confetti. Australia has bans going into effect in 2024. Let's get the State of California up to environmental par of Florida or Alabama (banned plastic micro litter/plastic confetti in 2018).

Many cities in California have banned, limited or are working on banning plastic confetti like Santa Barbra. Here's Santa Barbara, CA Anti Plastic Confetti PSA:

The work each individual California city has to go through to get specific bans enacted is a WASTE OF TAX $: The waste of each county or city to go through the process individually to create amendments or law(s) that specifically bans what is technically already banned but not enforced is a drain on each of these governments and thus a drain on local resources, local leader's bandwidth for projects they can tackle, and of course taxpayers' money. Making this a state issue would streamline efforts and save taxpayers' money. This is an easy win and simple fix for a multitude of problems that go across all party lines. 

WHY CARE:

- Wastes Taxes $ Public Lands Mgt: Unnecessary problem that Public Park professionals have to clean
- Terrible for the environment
- Pollutes Water (Risks of Confetti in Rivers

- Wastes Taxpayer $ Municipal Water Mgt: Your tax $ are spent to try to clean this and other mini plastics, but tap water across all cities in US is rapidly increasing in micro & nano plastic contamination.  Penn State Report: Tap Water Micro Plastic Pollution Rising

- Current State Penal Code technically already bans this litter and dumping but not effective. It's not clear, and not enforced, not taken serious as $ fines for littering are minimal (large private companies' events to tiny private b-day parties would both get an equal fine of $250 for a first time offense). If the Illegal Dumping law is enforced, then fines are $10K with up to 6 months jail time but that almost never enforced. Park Service Staff can't fully enforce compliance and punishment as that is the County/City Sheriff's legal responsibility. {CA Penal Code § 374.3 - Illegal Dumping, § 374.4 - Litter Law, & Section § 374.7(a) Littering or Hazardous Materials on or near Water} EPA's standards for enforcement and punishment carry both civil and criminal pollution violations.
AND

- Ruins Park User Experience: I'm just trying to take a walk, play with my kid and enjoy local nature with my dog. Then I see the multitude of plastic confetti pieces. Sigh. 
I’ve got nature spoiled because somebody wanted confetti from the dollar store to make their three-year-old’s birthday party a little more Extra "Instagramable". Or maybe it's another Influencer acting bad for views/$$ profit and abusing your tax dollars paid for local, state and national parks because they can get away with it (e.g. Gender Reveal Fails get millions of views as people will watch the mess/fire/litter). Like someone wearing a long white lace dress to your wedding - it just ruins the preciousness of the moment of being in nature. 

Seems small, NOPE! Confetti sales are still sky rocketing to over a few MILLION pounds of the stuff is sold every year in the US alone; the ecological damage is massive (actually about nearly 1000 years). Traditional plastic confetti—the kind you'll find at most stores and online—is made of polyvinyl chloride (PVC), metallic foil, foil and other plastics which take 1,000 years to break down. Colored paper confetti is still pollution that causes damage (its too small to recycle - San Jose, CA Waste Mgt), AND, US EPA banned toxic confetti contains hydrochlorofluorocarbons (HCFCs) as well. Even "Certified Biodegradable" confetti or glitter is usually actually ONLY biodegradable at Specialized Industrial Composting Facilities (what Berkshire Hathaway sells).

Confetti isn't just polluting the water you drink and the environment—it's also harming wildlife. Both land and aquatic animals are attracted to the shine that comes off the plastic pieces and wind up eating it which ends up starving and/or poisoning them. From drains to rivers it can easily end up in oceans, putting ocean fish and other marine life at risk. According to National Geographic, when these little pieces of plastic collect in an animal's stomach, it can cause them to die of starvation.

Many for-profit event sites have already banned it (Recycle More.com) & respectable event planners admit it is banned at many event sites due to cost to clean (The Knot.com). Most public waste mgt & water treatment providers warn about its use National Waste & Recycling Mgt Association. Most people would never use it at home as the mess is impossible to fully clean, BUT they'll use on public lands, city-state-national parks, or public property as they know they don't have to personally clean it up. Berkshire Hathaway ($803B market cap) owns Oriental Trading Co. which is one of the largest sellers of Confetti/Glitter and similar mini plastic litter items in the US. Corporations like Berkshire Hathaway who depend on non-accountability costs (called Externalities, like environmental damage they don't pay for and others or tax payers do pay for) are helping to destroy your drinking water and make you pay for it in taxes and fees for clean up.

Most Bio degradable Plastic Products like Glitter or Confetti that are labeled "Bioplastic Industrial Facility Compostable" are in fact not fully compostable AND most importantly most industrial composting facilities refuse to take this stuff (needs a 180 day compost cycle, which doesn't work with normal 45-60 compost cycles, doesn't fully compost, creates contamination problems - thus making their organic compost product un-sellable, and is not necessarily made of 100% compostable plastic - it is a mixed material). Of the approximately 35 industrial composting facilities in the State of CA - almost all do not accept this type of material. Find a Composter US Composting Council  Learn more: California Compost Coalition

Amendment Sponsor: Rev Trella M Davis, Founder Trella's Tea San Jose, CA  - No Water, No Tea Campaign

Thanks for Reading & Please Share! 

NEXT STEP:

[COPY the above & Add Your Name, Address & Phone to send to others]

Email / CALL Berkshire Hathaway berkshire@berkshirehathaway.com +1 402 346 1400 ask to reduce/remove hazardous confetti

Call or Copy and paste the above into an email to your local parks dept, mayor, city council rep, county rep, state parks dept, state environmental protection office, etc.: https://www.usa.gov/states-and-territories

Email: CA State Senator Dave Cortese: "Senator.Cortese@senate.ca.gov" <Senator.Cortese@senate.ca.gov>

California Environmental Protection Agency Contact form: https://calepa.ca.gov/share-your-ideas/

Learn More: https://californiacompostcoalition.org/

US National: 

National Park Service: 202-208-6843 Charles F. "Chuck" Sams III, Director

National Parks Foundation: (202) 796-2500 https://www.nationalparks.org/ media@nationalparks.org

EPA - Environmental Protection Agency - Contact Form: https://usepa.servicenowservices.com/ecss?id=ecss_csm_get_help_1&sys_id=d696a9f51ba9581013bdb913cc4bcbbe

Your US House of Rep & Senate Members: https://www.house.gov/representatives/find-your-representative

News Article: Risks of Confetti in Rivers https://www.universitystar.com/archives/risks-of-confetti-in-the-san-marcos-river/article_2b7b6364-2115-56e9-ab49-a7af7f5e22b7.html

Recent & Related Case Examples:

Imported confetti string products contain banned hydrochlorofluorocarbons (HCFCs) - US EPA Prohibited Toxic Substance

Stop Wasting Tax $ & Harm - Use Existing Hazardous Waste Dumping Law to Enforce Bans on Micro Waste: Confetti, Glitter, Water beads, Confetti Cannons and Similar Micro Waste Products on Public Lands.

Requested Bill:

-Amendment to CA Penal Code § 374.e (2017) Illegal Dumping:

The proposed bill amendment would specifically designate some litter as “Micro Waste”. Examples being confetti, glitter, water beads and any similarly dispersible or pelletized substances that create unique, time consuming and unsuccessful cleanup problems for parks staff, private property damage, long-term environmental damage, multi-species and multi-generational wildlife harm, water pollution to bodies of water as well as municipal wastewater systems, and damage to public parks, open-spaces, and campsites wasting tax-payer dollars and government parks management funds impacting public, private and commercial areas. Micro Waste disperses from dumped area to hundreds of feet to many miles away across multiple California cities, counties, state lands, and Indian Tribal Reservations/Rancherias as well as crossing state lines.

Specifically designate Micro Waste as a public and environmental hazard according to California Penal Code Section 374.7(a) defines: “A hazardous substance is one that poses a significant present or potential risk to human health and safety or to environmental health.” 

DRAFT Amendment Wording: It is unlawful for any person to disperse, dump, or allow to escape from container Plastic Mini Waste substances in public areas, or illegally in private or commercial areas. It is unlawful to deposit any Plastic Mini Waste matter in water or on land in any area other than in appropriate storage containers. Plastic Mini Waste includes but is not limited to confetti, glitter, water beads, balloons, as well as pelletized materials like plastics, glass, metals, etc. that are less than 3 inches in size.

Application:

Increase Fines to Offset True Cleanup Costs: Increase fines for littering, dumping and water dumping 1st time offense as civil crime of $10,000 and up to six month jail time for individuals and $50,000 for organizations over 50 persons. $100,000 and up to 1 year jaw time for criminal offense for individuals and $1,000,000 for organizations of over 50 persons or for profit individuals/organizations of any size. These fines would not fully cover true complete clean up costs but would act as a reasonable deterrent. 

Update Reservation Process: All ST of CA, Counties & Cities Public Lands, Facilities and Parks would require a check mark box notice with knowledge and agreement of the prohibition of Mini Plastics use and fines as part of any reservation process.

State, County & City Employee & Governments Education: CA State, County & City Park Service, Public Facilities & Public Lands Employees made aware/educated of change in clarity of law on litter, dumping & dumping on or near water as well as right to enforce. Extra educational emphasis provided for Law Enforcement & Public Lands, Parks & Facilities Mgt & Staff. 

Provide PSA & Social Media Materials: State, County & City agencies as well as citizens can access and customize plastic confetti warning outreach materials and videos. (Already developed materials and PSA videos like what the city of Santa Barbara created could possibly be reused with links to materials collected online.)

CA State Legislature, Governor, Amendment Sponsor & endorsing groups support and/or participate in public announcement of new amendment.

Additional Warning Signage: CA State, County & City Public Lands, Parks, & Facilities add Exterior Signage warning on Litter, Dumping & Water Pollution Civil & Criminal Offence for Mini Plastic Waste.

Product Warning Label by 2027: Compliance by 2027 Jan 1st, for sellers, distributors, and manufacturers to include warning label on Mini Plastic Disperse products sold in California to not use on California Public Lands, Parks, Facilities and on or near Water.

AND Ban Sales of All Plastic Based Confetti in State of California by 2027.

Reference Laws:
CA Penal Code § 374.4 (2017) - Litter Law
(a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of his or her own property, unless the littering of waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies.
(c) As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction.
(e) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours.
(Amended by Stats. 2006, Ch. 416, Sec. 8. Effective January 1, 2007.)

California Penal Code 374.3 - Illegal Dumping
Illegal dumping on public and private property punishable by a fine up to $10,000.

Also, pursuant to Section 117555 of the California Health and Safety Code, a person who dumps illegally is punishable by up to six months in jail.

Section 374.7(a) of California's Penal Code - Littering or Hazardous Materials on or near Water

States that it is unlawful for any person to litter or deposit any waste matter in water or on land in any area other than in appropriate storage containers. Section 374 also prohibits dumping of any waste matter in a body of water or upon a bank, beach, or shore within 150 feet of water. It prohibits any person from knowingly depositing hazardous substances in any California water body, in roadways, or on the property without permission of the property owner. A hazardous substance is one that poses a significant present or potential risk to human health and safety or to environmental health. If convicted of such actions, a person is subject to fines and/or imprisonment, depending on the violation. California Penal Code is enforced by the County Sheriff.

Support now
Signatures: 174Next Goal: 200
Support now
Share this petition in person or use the QR code for your own material.Download QR Code

Decision Makers

  • CA State Senator Dave CorteseCA State Senator District 15