SF 2243

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/29/2022 09:15am

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 PLASTIC BAGS, FOOD OR
BEVERAGE PRODUCTS, AND PACKAGING.

Subdivision 1.

"Biodegradable" label.

A manufacturer, distributor, or wholesaler person
may not sell or offer for sale in this state a plastic bag covered product labeled
"biodegradable," "degradable," "decomposable," or any form of those terms, or in any way
imply that the bag covered product will 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. 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.

Subd. 2.

"Compostable" label.

(a) A manufacturer, distributor, or wholesaler person
may not sell or offer for sale in this state a plastic bag covered product labeled "compostable"
unless, at the time of sale or offer for sale, the bag covered product:

(1) meets the ASTM Standard Specification for Compostable Labeling of Plastics
Designed to be Aerobically Composted in Municipal or Industrial Facilities (D6400). 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. 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;

(2) is comprised of only wood without any coatings or additives; or

(3) is comprised of only paper without any coatings or additives.

(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:

(1) have brown or green labeling; or

(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.

Subd. 2a.

Certification of compostable products.

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:

(1) is a nonprofit corporation;

(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

(3) is technically capable of and willing to perform analysis necessary to determine a
product's compliance with subdivision 2.

Subd. 3.

Enforcement; civil penalty; injunctive relief.

(a) A manufacturer, distributor,
or wholesaler person who violates subdivision 1 or 2 this section is subject to a civil or
administrative penalty of $100 for each prepackaged saleable unit sold or 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 subdivision 1 or 2 this section in the manner provided in section 8.31,
subdivision 2b.

(c) The commissioner of the Pollution Control Agency may enforce this section under
sections 115.071 and 116.072.

(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.

Subd. 4.

Definitions.

For purposes of this section, the following terms have the meanings
given:

(1) "ASTM" has the meaning given in section 296A.01, subdivision 6;

(2) "covered product" means a bag, food or beverage product, or packaging;

(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

(4) "packaging" has the meaning given in section 115A.03, subdivision 22b.

EFFECTIVE DATE.

This section is effective January 1, 2023.