California AB 1812

Existing law prohibits a person from selling or offering for sale a product, as defined, that is labeled with the term "compostable" or "home compostable" unless, among others, the product meets a specified ASTM standard specification, has OK compost HOME certification, and meets a standard adopted by the Department of Resources Recycling and Recovery. Existing law requires the department to review revisions to the ASTM standard specification, as provided. Existing law authorizes the department to adopt a standard different from an ASTM standard if adopted or developed by a standard-setting organization recognized by the department, the standard adds qualifications to an ASTM standard specification, and the standard is more stringent than an ASTM standard specification, as provided. Existing law exempts a fiber product that is demonstrated to not incorporate any plastics or polymers from complying with any of these ASTM standards. This bill would instead prohibit a person from selling or offering for sale a product that is labeled with the term "compostable" or "home compostable" unless the product has OK compost HOME certification or meets a standard adopted by the department. The bill would repeal the requirement for the department to review revisions to the ASTM standard specification. The bill would instead authorize the department to adopt an existing standard different from an ASTM standard specification if the standard is adopted or developed by a standard-setting organization recognized by the department. This bill would exempt a fiber product that is demonstrated to not incorporate any plastics or polymers from requirements for labeling compostable products, as specified, unless the department adopts a standard for compostable fiber products. This bill, on and after June 30, 2027, would prohibit a person from selling or offering 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. This bill would exempt from prohibition a food service establishment's use of plastic single-use food service ware that is accepted by a recycling collector that services the jurisdiction in which the food service establishment operates, as specified. The bill would provide that this exemption does not preempt a local requirement for food service establishments to use compostable or reusable service ware or otherwise limit the authority of a local government to regulate service ware outside of the exemption, as specified. Existing law requires a compostable bag that meets an ASTM standard specification described above to comply with certain labeling requirements. This bill would repeal those labeling requirements.