Standards For Products Represented As Compostable

The act creates standards (standards) for products that are represented, marketed, or advertised in the state as being capable of undergoing decomposition in a controlled composting system as demonstrated in accordance with applicable international standards for compostable products set by ASTM International (compostable).

Effective July 1, 2024:

• A producer is prohibited from representing a product as compostable unless the product has received certification by a recognized, independent, third-party verification body that the product is compostable (certified compostable); and
• The product must also comply with specific labeling standards that ensure that the product is easily and immediately distinguishable as certified compostable.

Effective January 1, 2024:

• A producer of a product that is not certified compostable is prohibited from using tinting, color schemes, labeling, or words that are required for products that are certified compostable, except for brand colors or colors used in a manner that is not clearly intended to indicate compostability;
• A producer of a product that is not certified compostable is prohibited from using labeling, images, or words that could reasonably be anticipated to mislead consumers into believing that the product is compostable; and
• A producer of a plastic product is prohibited from using any words, labeling, or images that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment.

Upon the request of any person, a producer must provide information and documentation demonstrating the producer's compliance with any applicable standards.

The department of public health and environment (department), in collaboration with local governments, is required to conduct education and outreach activities to inform the public about the standards.

On or before January 1, 2024, the department is required to establish a forum that allows any person to file a complaint against a producer for violation of the standards.

For the 2023-24 state fiscal year, the act appropriates $26,250 from the general fund to the department for use by the hazardous materials and waste management division for the solid waste control program.

APPROVED by Governor May 17, 2023

EFFECTIVE August 7, 2023

NOTE: This act was passed without a safety clause and takes effect 90 days after sine die.
(Note: This summary applies to this bill as enacted.)