AB 1812: Solid waste: compostable products.

42281.2.

(a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following:

(1) A compostable bag that meets both of the following criteria:

(A) Is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357.

(B) Has a minimum 15-inch mouth width.

(2) A recycled paper bag.

(b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store.

42355.3.

The Legislature finds and declares all of the following:

(a) California is a leader in composting policy and infrastructure.

(b) California has the largest composting program in the country.

(c) California hosts a large share of the country’s full-scale composting and organics recycling facilities.

(d) California’s organic recyclers and compost operators have created a sustainable, scalable industry model for the state, the nation, and the world that demonstrates that putting clean, recycled, composted organic materials back into the ground is among the most predictable, cost-efficient, productive, and eco-friendly uses of organic waste.

(e) As leaders, California’s organic recyclers and compost operators strive to develop markets to increase sales of clean compost, mulch, and wood products.

(f) Almost two-thirds of the market for compost is the agricultural sector, which relies on the highest quality organic compost.

(g) California farmers rely on National Organic Program certification as the guarantee of compost quality.

(h) Contaminants in the organic waste stream jeopardize the organic status for California’s farmers and increase sorting and compost processing costs, which leads to increased waste collection charges to residential ratepayers.

42356.

For purposes of this chapter, the following definitions apply:

(a) “ASTM” means the ASTM International.

(b) (1) “ASTM standard specification” means either of the following:

(A) The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019.

(B) The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019.

(2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method.

(c) “Department” means the Department of Resources Recycling and Recovery.

(d) “Director” means the Director of Resources Recycling and Recovery.

(e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a product.

(f) “OK compost HOME certification” means certification of conformity with the existing TUV Austria certification “OK compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program “OK 2-Home Compostability of Products.”

(g) “Product” includes, but is not limited to, any of the following:

(1) (A) A consumer product.

(B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose.

(2) A package or a packaging component.

(3) A bag, sack, wrap, or other thin plastic sheet film product.

(4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil.

(h) “Supplier” means a person who does one or more of the following:

(1) Sells, offers for sale, or offers for promotional purposes a product.

(2) Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.

42356.2.

(a) The department may adopt an existing standard different from an ASTM standard specification if the existing standard is adopted or developed by a standard-setting organization recognized by the department, including, but not limited to, the ASTM or another similar organization.

(b) The department may adopt a standard for compostable fiber products described in paragraph (3) of subdivision (a) of Section 42357.

42357.

(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 “compostable” or “home compostable” unless, at the time of sale or offering for sale, the product has OK compost HOME certification, as provided in paragraph (2), or the product meets a standard adopted by the department pursuant to Section 42356.2.

(2) (A) A product shall not be labeled with the term “home compostable” unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B).

(B) If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term “home compostable” shall meet the standard adopted by the department and not the standard specified in subparagraph (A).

(3) (A) Notwithstanding paragraph (1), a fiber product that is demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, is not required to comply with this section, unless the department has adopted or approved a standard relevant to compostable fiber products.

(b) On and after January 1, June 30, 2027, a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” that is made wholly or partially of plastic, as defined in Section 42041.

(c) (1) Except as provided in subdivision (a) or (g), a person shall not sell or offer for sale a product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” 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, “implies” 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 “compostable” or “home compostable” pursuant to this section.

(d) 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.

(e) 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.

(f) 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.

(g) (1) The department may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics—Biodegradable mulch films for use in agriculture and horticulture—Requirements and test methods” 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 “soil biodegradable” 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 film is certified to meet both that specification and the ASTM standard specification for compostability.

(3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used only as a technical tool in commercial farming applications.

(h) (1) A person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless the product satisfies all of the following:

(A) If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one standard from an approved third-party certification entity for the standard. This requirement shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification.

(B) On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that the bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the department’s regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply:

(i) The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations).

(ii) The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law.

(C) Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopts a different standard that it determines would more effectively limit the presence of perfluoroalkyl or polyfluoroalkyl substances.

(D) Is labeled in a manner that distinguishes the product from a noncompostable product upon reasonable inspection by consumers and to help enable efficient processing by solid waste processing facilities.

(E) Is designed to be associated with the recovery of desirable organic wastes, such as food scraps and yard trimmings, that are collected for composting, unless the product complies with the department’s regulations pursuant to subparagraph (B), to the extent the department elects to adopt those regulations.

(2) The department may adopt regulations for determining whether products comply with the requirements of subparagraph (D) of paragraph (1). The department, in adopting regulations pursuant to this subdivision, may consider whether the regulations are consistent with the product labeling requirements of other states, stakeholder input, and industry-standard guidelines. The regulations may include requirements that products are not designed, pigmented, or advertised in a manner that is misleading to consumers.

42370.2.

(a) (1) On or before January 1, 2021, the department shall adopt regulations to establish a process, and develop criteria, for determining the types of food service packaging that are reusable, recyclable, or compostable.

(2) The department shall adopt the regulations in consultation with the Department of General Services, the Department of Rehabilitation, the Department of Parks and Recreation, the Ocean Protection Council, the Department of Toxic Substances Control, and any other appropriate state and local agencies.

(3) As part of the regulatory process, the department shall seek input and feedback from stakeholders, including, but not limited to, food service packaging manufacturers, environmental and public health organizations, and food service facilities.

(b) (1) The regulations adopted pursuant to subdivision (a) shall be used for determining the types of food service packaging that may be included on the list developed pursuant to Section 42370.3.

(2) The regulations shall also specify how the list shall be maintained and updated, in accordance with subdivision (b) of Section 42370.3.

(3) If determined practicable by the department, the department may establish a process to authorize regional use of food service packaging that is consistent with the requirements and considerations of this section.

(c) For purposes of determining if a type of food service packaging is reusable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the packaging is conventionally disposed of after a single use.

(2) Whether the packaging is sufficiently durable and washable to allow for multiple uses.

(d) For purposes of determining if a type of food service packaging is recyclable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the type of food service packaging is eligible to be labeled as “recyclable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(2) Whether the type of food service packaging is regularly collected, separated, and cleansed for recycling by recycling service providers.

(3) Whether the type of food service packaging is regularly sorted and aggregated into defined streams for recycling processes.

(4) Whether the type of food service packaging is regularly processed and reclaimed or recycled with commercial recycling processes.

(5) Whether the food service packaging material regularly becomes feedstock that is used in the production of new products.

(6) Whether the food service packaging material is recycled in sufficient quantity, and is of sufficient quality, to maintain a market value.

(e) For purposes of determining if a type of food service packaging is compostable pursuant to subdivision (a), the director shall consider, at a minimum, all of the following criteria:

(1) Whether the food service packaging will, in a safe and timely manner, break down or otherwise become part of usable compost that can be composted in a public or private aerobic compost facility designed for and capable of processing postconsumer food waste and food-soiled paper.

(2) Whether food service packaging made from plastic is certified to meet the ASTM standard specification identified in subparagraph (B) of paragraph (1) of subdivision (b) of Section 42356.

(3) Whether the food service packaging is regularly collected and accepted for processing at public and private compost facilities.

(4) Whether the type of food service packaging is eligible to be labeled as “compostable” in accordance with the uniform standards contained in Article 7 (commencing with Section 17580) of Chapter 1 of Part 3 of Division 7 of the Business and Professions Code.

(f) (1) In developing regulations pursuant to subdivision (a), the department may consult with local governments and representatives of the solid waste industry, the recycling industry, the compost industry, and food service packaging manufacturers to determine if a type of food service packaging is recyclable, reusable, or compostable.

(2) Local governments, solid waste facilities, recycling facilities, and composting facilities shall provide information requested by the department pursuant to paragraph (1) to the department.

(g) In developing regulations pursuant to subdivision (a), the department may take into account potential impacts on litter, public health, and wildlife. In evaluating these impacts, the department may consider any of the following:

(1) Information on the volume of food service packaging litter obtained from state entities or organizations that regularly conduct litter cleanup activities.

(2) Litter reduction policies that would assist in compliance with the State Water Resources Control Board’s Statewide Trash Policy and the Ocean Protection Council’s Ocean Litter Prevention Strategy.

(3) Whether the Department of Toxic Substances Control has identified as a priority product a chemical used in the manufacture of a type of food service packaging pursuant to Chapter 55 (commencing with Section 69501) of Division 4.5 of Title 22 of the California Code of Regulations.

(4) Existing scientific information available from the United States Food and Drug Administration and the Office of Environmental Health Hazard Assessment pertaining to the specific chemical used in the manufacture of a type of food service packaging.

(5) Information on the impacts that improperly disposed of food service packaging may have on wildlife, as well as policy recommendations, including waste collection infrastructure improvements, that could be implemented at state facilities to reduce the impact on wildlife.

(h) The department may convene a stakeholder group to assist the department in implementing this section that consists of, but is not limited to, litter prevention organizations, environmental organizations, and trade associations representing food service packaging manufacturers or suppliers.