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Legislative Year: 2023 Change

Bill Detail: SB23-253

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Title Standards For Products Represented As Compostable
Status Governor Signed (05/17/2023)
Bill Subjects
  • Natural Resources & Environment
House Sponsors M. Froelich (D)
K. McCormick (D)
Senate Sponsors L. Cutter (D)
House Committee Energy and Environment
Senate Committee Business, Labor and Technology
Date Introduced 03/27/2023

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

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with Amendments
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