(1) A producer of a product that is sold, offered for sale, or distributed in the state shall not represent the product as compostable in the state unless:
(a) The product is certified compostable in accordance with ASTM D6400 or ASTM D6868, as applicable; and
(b) To the extent consistent with federal trade commission guidelines and in a manner that ensures that the product is easily and immediately distinguishable as certified compostable, as described in subsection (1)(a) of this section, upon quick inspection at point of sale and point of use and in a public sorting area and processing facility, the product and its packaging:
(I) Display a certification logo that indicates that the product is certified compostable;
(II) Display the word compostable where possible; and
(III) Use green-colored labeling or striping or other easily recognizable green symbols, colors, tinting, marks, or design patterns that differentiate the product from products that are not certified compostable.
(2) Notwithstanding any provision of this section to the contrary, a producer of any product described in subsection (1) of this section that is a small product is required to comply only with the requirements of subsection (1)(b)(I), (1)(b)(II), or (1)(b)(III) of this section.
(3) (a) Any product accessory that is not a small product and that is sold, offered for sale, or distributed with any product described in subsection (1) of this section must:
(I) Comply with subsection (1) of this section if the product is certified compostable;
(II) Display a label on the product accessory and its packaging that clearly describes the recyclability of the product accessory; or
(III) Display a label on the product accessory and its packaging that includes the phrase landfill only.
(b) Any product accessory that is a small product may comply with the requirements of subsections (2) and (3)(a) of this section, as applicable, in a manner that is in proportion to the size of the product accessory.
(4) Notwithstanding anything in this section to the contrary, the requirements of this section do not apply to a producer of a product that is comprised entirely of untreated wood.
(5) This section is effective July 1, 2024.
Source: L. 2023: Entire part added, (SB 23-253), ch. 209, p. 1088, � 1, effective August 7.
25-17-804. Marketing and advertising prohibitions for products that are not certified compostable - misleading labels, images, and words - plastic products. (1) A producer of a product that is not certified compostable shall not market or advertise the product in the state using:
(a) Tinting, color schemes, labeling, or words that are required for products represented as compostable pursuant to section 25-17-803; or
(b) Labeling, images, or words that could be reasonably anticipated to mislead consumers into believing that the product is compostable.
(2) (a) A producer of a plastic product shall not market or advertise the product in the state using:
(I) The words natural, biodegradable, degradable, decomposable, oxo-degradable, bioassimilable, omnidegradable, or any other similar form of these words; or
(II) Any labeling, images, or words that imply that the plastic product will eventually break down, fragment, biodegrade, or decompose in a landfill or other environment in the same manner as a product that is certified compostable.
(b) The prohibitions in subsection (2)(a) of this section do not apply to biodegradable mulch film.
(3) A producer of a product that is compostable shall not market or advertise the product using a chasing arrow resin identification code or recycling symbol of any form.
(4) Each producer that sells, offers for sale, or distributes a product in the state is encouraged to use labeling, images, and words that assist consumers in identifying products that are suitable for recycling or landfill only, as applicable, and that are not compostable.
(5) The requirements of this section apply only to the extent consistent with any applicable federal law.
(6) The prohibition in subsection (1)(a) of this section does not apply to brand colors or colors used in a manner that is not clearly intended to indicate compostability.
(7) This section is effective January 1, 2024.
Source: L. 2023: Entire part added, (SB 23-253), ch. 209, p. 1089, � 1, effective August 7.
25-17-805. Proof of compliance - information on commercial composting environment. (1) On and after January 1, 2024, at the request of any person, including the attorney general, a producer shall provide information and documentation demonstrating the producer's compliance with this part 8 in a format that is easily understandable and scientifically accurate, which may include providing a certification demonstrating that a product is certified compostable.
(2) At the request of a commercial composting facility, a producer is encouraged to provide the commercial composting facility information regarding the characteristics, such as heat or moisture levels, of the commercial composting environment in which the producer's product has been tested and found to be compostable.
(3) Notwithstanding anything in this section to the contrary, nothing in this section requires a producer to disclose proprietary information to any person.
Source: L. 2023: Entire part added, (SB 23-253), ch. 209, p. 1090, � 1, effective August 7.