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HF 1165

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 03:53pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021
1st Engrossment Posted on 03/22/2021

Current Version - 1st Engrossment

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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 beginPLASTICdeleted text end BAGSnew text begin, FOOD OR
BEVERAGE PRODUCTS, AND PACKAGING
new text end.

Subdivision 1.

deleted text begin"deleted text endBiodegradabledeleted text begin"deleted text end label.

A manufacturer, distributor, or wholesaler new text beginmay
not sell or offer for sale and any other person
new text end may not new text beginknowingly sell or new text endoffer for sale in
this state a deleted text beginplastic bagdeleted text endnew text begin covered productnew text end labeled "biodegradable," "degradable,"
new text begin "decomposable," new text endor any form of those terms, or in any way imply that the deleted text beginbagdeleted text endnew text begin covered
product
new text end will deleted text beginchemically 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 endnew 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 endCompostabledeleted text begin"deleted text end label.

new text begin(a) new text endA manufacturer, distributor, or wholesaler new text beginmay not
sell or offer for sale and any other person
new text end may not new text beginknowingly sell or new text endoffer for sale in this
state a deleted text beginplastic bagdeleted text endnew text begin covered productnew text end labeled "compostable" unless, at the time of salenew text begin or offer
for sale
new text end, the deleted text beginbagdeleted text endnew text begin covered product:
new text end

new text begin (1)new text end meets the ASTM Standard Specification for deleted text beginCompostabledeleted text endnew 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 endnew 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.
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
manufacturer, distributor, or wholesaler may not sell or offer for sale and any other person
may not knowingly sell or offer for sale in this state a covered product labeled as
"compostable" unless the covered product is certified as meeting the requirements of
subdivision 2 by 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 beginmanufacturer, distributor,
or wholesaler
deleted text endnew text begin personnew text end who violates deleted text beginsubdivision 1 or 2deleted text endnew text begin this sectionnew text end is subject to a civil new text beginor
administrative
new text endpenalty of $100 for each prepackaged saleable unit new text beginsold or new text endoffered 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 beginsubdivision 1 or 2deleted text endnew 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