HF1165 Summary

• Prohibits selling products labeled "biodegradable," "degradable," or "decomposable" unless an ASTM standard specification is adopted for the term claimed and approved by the legislature.

• Requires products labeled "compostable" to meet ASTM Standard Specification D6400 or D6868 for municipal or industrial composting, or be comprised solely of wood or paper without coatings or additives.

• Mandates clear and prominent labeling on compostable products indicating they are intended for industrial or commercial compost facilities.

• Requires third-party certification by a nonprofit corporation beginning January 1, 2024, for any product labeled as "compostable" to verify compliance with standards.

• Establishes civil penalties of $100 per prepackaged unit (maximum $5,000) for violations, with enforcement authority granted to the attorney general and Pollution Control Agency.

• Takes effect January 1, 2023, and applies to bags, food or beverage products, and packaging.