Minnesota Legislature
SF 2243
as introduced - 92nd Legislature (2021 - 2022) Posted on 07/29/2022 09:15am
Current Version - as introduced
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3.20
A bill for an act
relating to environment; modifying certain requirements for labeling items as
biodegradable or compostable; amending Minnesota Statutes 2020, section
325E.046.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 325E.046, is amended to read:
325E.046 STANDARDS FOR LABELING deleted text begin PLASTICdeleted text end BAGSnew text begin , FOOD OR
BEVERAGE PRODUCTS, AND PACKAGINGnew text end .
Subdivision 1.
deleted text begin "deleted text end Biodegradabledeleted text begin "deleted text end label.
A deleted text begin manufacturer, distributor, or wholesalerdeleted text end new text begin personnew text end
may not new text begin sell or new text end offer for sale in this state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled
"biodegradable," "degradable," new text begin "decomposable," new text end or any form of those terms, or in any way
imply that the deleted text begin bagdeleted text end new text begin covered productnew text end will deleted text begin chemically decompose into innocuous elements in
a reasonably short period of time in a landfill, composting, or other terrestrial environment
unless a scientifically based standard for biodegradability is developed and the bags are
certified as meeting the standard.deleted text end new text begin break down, fragment, degrade, biodegrade, or decompose
in a landfill or other environment, unless an ASTM standard specification is adopted for
the term claimed and the specification is approved by the legislature.
new text end
Subd. 2.
deleted text begin "deleted text end Compostabledeleted text begin "deleted text end label.
new text begin (a) new text end A deleted text begin manufacturer, distributor, or wholesalerdeleted text end new text begin personnew text end
may not new text begin sell or new text end offer for sale in this state a deleted text begin plastic bagdeleted text end new text begin covered productnew text end labeled "compostable"
unless, at the time of salenew text begin or offer for salenew text end , the deleted text begin bagdeleted text end new text begin covered product:
new text end
new text begin (1)new text end meets the ASTM Standard Specification for deleted text begin Compostabledeleted text end new text begin Labeling ofnew text end Plastics
new text begin Designed to be Aerobically Composted in Municipal or Industrial Facilities new text end (D6400)deleted text begin . Each
bag must be labeled to reflect that it meets the standard. For purposes of this subdivision,
"ASTM" has the meaning given in section 296A.01, subdivision 6.deleted text end new text begin or its successor or 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) or its successor, and
the covered product is labeled to reflect that it meets the specification;
new text end
new text begin
(2) is comprised of only wood without any coatings or additives; or
new text end
new text begin
(3) is comprised of only paper without any coatings or additives.
new text end
new text begin
(b) A covered product labeled "compostable" and meeting the criteria under paragraph
(a) must be clearly and prominently labeled on the product, or on the product's smallest unit
of sale, to reflect that it is intended for an industrial or commercial compost facility. The
label required under this paragraph must be in a legible text size and font. If it is not feasible
for manufacturing technology to label the individual product with the term "compostable,"
then the covered product must:
new text end
new text begin
(1) have brown or green labeling; or
new text end
new text begin
(2) use descriptive color schemes, green or brown color striping, or other adopted
symbols, colors, marks, or design patterns that help differentiate compostable items from
noncompostable materials.
new text end
new text begin Subd. 2a. new text end
new text begin Certification of compostable products. new text end
new text begin
Beginning January 1, 2024, a person
may not sell or offer for sale a covered product labeled as "compostable" unless the person
obtains certification that the product meets the requirements of subdivision 2 from an entity
that:
new text end
new text begin
(1) is a nonprofit corporation;
new text end
new text begin
(2) as its primary focus of operation, promotes the production, use, and appropriate end
of life for materials and products that are designed to fully biodegrade in specific biologically
active environments such as industrial composting; and
new text end
new text begin
(3) is technically capable of and willing to perform analysis necessary to determine a
product's compliance with subdivision 2.
new text end
Subd. 3.
Enforcement; civil penalty; injunctive relief.
(a) A deleted text begin manufacturer, distributor,
or wholesalerdeleted text end new text begin personnew text end who violates deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end is subject to a civil new text begin or
administrative new text end penalty of $100 for each prepackaged saleable unit new text begin sold or new text end offered for sale
up to a maximum of $5,000 and may be enjoined from those violations.
(b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of deleted text begin subdivision 1 or 2deleted text end new text begin this sectionnew text end in the manner provided in section 8.31,
subdivision 2b.
new text begin
(c) The commissioner of the Pollution Control Agency may enforce this section under
sections 115.071 and 116.072.
new text end
new text begin
(d) When requested by the attorney general or the commissioner of the Pollution Control
Agency, a person selling or offering for sale a covered product labeled as "compostable"
must furnish to the attorney general or the commissioner any information that the person
may have or may reasonably obtain that is relevant to show compliance with this section.
new text end
new text begin Subd. 4. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the meanings
given:
new text end
new text begin
(1) "ASTM" has the meaning given in section 296A.01, subdivision 6;
new text end
new text begin
(2) "covered product" means a bag, food or beverage product, or packaging;
new text end
new text begin
(3) "food or beverage product" means a product that is used to wrap, package, contain,
serve, store, prepare, or consume a food or beverage, such as plates, bowls, cups, lids, trays,
straws, utensils, and hinged or lidded containers; and
new text end
new text begin
(4) "packaging" has the meaning given in section 115A.03, subdivision 22b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2023.
new text end