(a) (1) Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term âcompostableâ or âhome compostableâ unless, at the time of sale or offering for sale, the product meets the applicable ASTM standard specification, as specified in paragraph (1) of subdivision (b) of Section 42356, or, if applicable, the product has OK compost HOME certification, as provided in paragraph (4). (2) Compliance with only a section or a portion of a section of an applicable ASTM standard specification does not constitute compliance with paragraph (1). (3) Notwithstanding paragraph (1), a person may sell or offer for sale a product in this state that is labeled with a qualified claim for a term specified in paragraph (1), if the product meets the relevant standard adopted by the department pursuant to Section 42356.2. (4) (A) A product shall not be labeled with the term âhome compostableâ unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B) or (C). (B) Notwithstanding paragraph (1), if the ASTM adopts a standard specification for the term âhome compostableâ on or before January 1, 2016, and the department determines that the ASTM standard specification is at least equal to, or more stringent than, the OK compost HOME certification, a product labeled with the term âhome compostableâ shall meet that ASTM standard specification. The department may also take the actions specified in Section 42356.1 with regard to an ASTM standard for home compostability. (C) If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term âhome compostableâ shall meet the standard adopted by the department and not the standard specified in subparagraph (A) or (B). (b) (1) Except as provided in subdivision (a) or (f), a person shall not sell or offer for sale a product in this state that is labeled with the term âbiodegradable,â âdegradable,â or âdecomposable,â or any form of those terms, or in any way implies that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (2) For purposes of this subdivision, âimpliesâ includes, but is not limited to, using green, beige, or brown tinting or color schemes on a plastic precheckout or carryout bag that is not eligible to be labeled with the terms âcompostableâ or âhome compostableâ pursuant to this section. (c) The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers. (d) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (e) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (f) (1) The department may adopt the European Committee for Standardizationâs standard specification EN 17033:2018 entitled âPlasticsâBiodegradable mulch films for use in agriculture and horticultureâRequirements and test methodsâ or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020. (2) A person may sell or offer for sale commercial agricultural mulch film labeled with the term âsoil biodegradableâ only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch fi
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.