Standards For Products Represented As Compostable

The bill 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 at point of sale and point of use and in a public sorting area and processing facility.

Effective January 1, 2024, a producer of a product that is not certified compostable is prohibited from marketing or advertising the product using:

• Tinting, color schemes, labeling, images, 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 ; or
• Labeling, images, or words that could be reasonably anticipated to mislead consumers into believing that the product is compostable.

Effective January 1, 2024, a producer of a plastic product that is not certified compostable 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) 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.

On and after January 1, 2024, a producer that violates the standards engages in an unfair or deceptive trade practice.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)