(1) A producer of a product that is not certified compostable shall not market or advertise the product in the state using: (a) Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or (b) Labeling, images, or words that could be reasonably anticipated to mislead consumers into believing that the product is compostable. (2) (a) A producer of a plastic product shall not market or advertise the product in the state using: (I) The words "natural", "biodegradable", "degradable", "decomposable", "oxo- degradable", "bioassimilable", "omnidegradable", or any other similar form of these words; or (II) Any labeling, images, or words that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment in the same manner as a product that is certified compostable. (b) The prohibitions in subsection (2)(a) of this section do not apply to biodegradable mulch film. (3) A producer of a product that is compostable shall not market or advertise the product using a chasing arrow resin identification code or recycling symbol of any form. (4) Each producer that sells, offers for sale, or distributes a product in the state is encouraged to use labeling, images, and words that assist consumers in identifying products that are suitable for recycling or landfill only, as applicable, and that are not compostable. (5) The requirements of this section apply only to the extent consistent with any applicable federal law. (6) The prohibition in subsection (1)(a) of this section does not apply to brand colors or colors used in a manner that is not clearly intended to indicate compostability. (7) This section is effective January 1, 2024.
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