AB 1201 (Ting)
Compostable Product Standards

OVERVIEW

This bill requires that a product labeled “compostable” is third-party certified to actually breakdown into organic compost, doesn’t contaminate compost (or the state’s agricultural system) with toxic chemicals, and is readily identifiable to both consumers and solid waste facilities. AB 1201 also prohibits deceptive look-alike products.

THE PROBLEM

Misleading end-of-life claims are especially damaging in plastic products given the serious environmental harm caused by plastic litter. Plastic litter chokes birds, turtles and other sensitive marine species, congregates in ocean gyres, and persists indefinitely in the environment. Non-compostable products with toxic chemicals are visually indistinguishable from those that are compostable and break down in municipal compost facilities with no residual or toxic contamination. The proliferation of these products has led to significant contamination in both composting and recycling systems, and long-term damage to soil and farmland.

Misleadingly labeled “compostable” packaging creates the following negative impacts on consumers, businesses, and compost manufacturers, and ratepayers:

Identification: It is difficult or impossible for consumers, retailers, and composters to identify compostable packaging and discern it from non‐compostable products. Consumer confusion leads to higher contamination in organic waste bins, leading to higher production costs and an impaired ability to produce the high‐quality compost farmers demand, reducing the likelihood of “closing the loop” for organic materials to keep them out of landfills.

Organic Status and Chemical Contamination: “Compostable” labeled packaging is typically composed of synthetic materials, particularly compostable plastics like PLA, which are not approved for use as official organic inputs. When compost manufacturers accept these items, they sacrifice the marketability of their compost product. Numerous “compostable” fiber‐ labeled food service products contain significant amounts of chemicals, including fluorine compounds like PFAS as grease barriers. Unfortunately, these chemicals do not biodegrade; they persist through the composting process and stay in the composted soil product, meaning that composters cannot sell those soils as “organic”. The Biodegradable Products Institute (BPI) no longer certifies “compostable” fiber products if they contain intentionally added fluorine levels, but BPI does not certify all such products. Consumers, businesses, compost manufacturers, and ratepayers deserve a truthful labeling standard to address these problems.

Position: Supported by Californians Against Waste
Contact: Nick Lapis & Nicole Kurian

BILL SUMMARY:

AB 1201 ensures that products labeled “compostable” are actually compostable and ensures harmful chemicals stay out of California’s compost stream. Under AB 1201, products containing PFAS, or “forever chemicals” , are prohibited from being labeled “compostable”. The bill also directs CalRecycle to develop labeling requirements for compostable products to ensure that they are readily identifiable by both consumers and composting facilities, and to issue guidance on compliance to help manufacturers avoid making illegal marketing claims.

Status: Governor’s Desk
Current language, analysis, and votes:  AB 1201