Leawood, Kan. – December 15, 2023: Starting January 1, 2024, sellers or distributors of plastics identified as “compostable” or “biodegradable” will be subject to labeling requirements set forth in Washington’s 2022 Plastic Product Degradability Law. RCWA 70A.455, et seq.). The statute states, “no producer may sell, offer for sale, or distribute for use in this state a plastic product that is labeled with the term “biodegradable,” “degradable,” “decomposable,” “oxo-degradable,” or any similar form of those terms, or in any way imply that the plastic product will break down, fragment, biodegrade, or decompose in a landfill or other environment.” RCWA 70A.455.030(1).
In order to offer for sale or distribute products that are marketed as compostable must:
- Meet American Society for Testing and Materials D6400 standard.
- Meet U.S. Federal Trade Commission guide labeling requirements.
- Use a third-party certification logo.
- Display the word “compostable,” where possible.
- Use green, beige, or brown labeling, striping, or other patterns that help differentiate compostable items from non-compostable. See RCW 70A.455.040(1) and (2).
Producers of a product subject to RCW 70A.455 must submit, under penalty of perjury, a declaration that the product meets the standards established under RCW 70A.455. This declaration must be submitted to the department:
(a) By January 1, 2024, for a product that is or will be sold or distributed into Washington beginning January 1, 2024; or
(b) Prior to the sale or distribution of a product newly sold or distributed into Washington after January 1, 2024. See RCW 70A.455.120(2)(a) and (b). Declarations may be submitted through Ecology’s Waste Reduction portal, accessed through Secure Access Washington.
A seller or distributor may also be required, upon request by a person or by the Department of Ecology, to submit within 90 days of the request, a nonconfidential business information and documentation demonstrating compliance with RCW 70A.455. See RCW 70A.455.080.
The Plastic Product Degradability law is part of the Organics Management Law passed by lawmakers in Washington State in 2022. The goal of the legislation is to reduce organic material in landfills by 75% by 2030. The intent for the Plastic Product Degradability law was to set standards for marketing claims about compostable plastic products sold, offered, and distributed in Washington State so that compostable products could be easily recognized by consumers and facilities alike. For additional information you can review the Department of Ecology “Labeling and Declarations Focus Sheet.”
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