Compostable plastic labeling requirements

The producer of the compostable product is responsible for compliance, including submitting the declaration.

If the product is sold under the manufacturer’s own brand or without a brand identification, the manufacturer is the producer.

If the product is made by a person other than the brand owner, the producer is the licensee of the brand or trademark (i.e., the person given legal permission to manufacture products for the brand). This is often the manufacturer of the product unless the brand owner has agreed to accept responsibility for compliance.

We have joint authority with local cities and counties to enforce this law. Contact your local city or county to find out if they have an enforcement plan. If local cities or counties plan to do their own enforcement, they should send us a letter of intent per RCW 70A.455.090.

We will begin enforcement in July 2024 and open a public form so people can report items they see or receive that violate chapter the state's compostable labeling standards. We will review each observation and the associated product, then work with the producer to quickly fix the issue. You can read more about our process when we publish the Plastic Product Degradability Enforcement Guidelines later this summer.

Food businesses, retailers, and others that use or distribute compostable plastics should check to make sure their supplies meet the new labeling rules. Ask questions like:

• Does this product comply with Washington’s labeling rules for compostable plastics?
• Did the producer submit a declaration to the Ecology database for this product?
• Does this product have a certification logo that it meets appropriate scientific standards? The word “compostable”? Green, brown, or beige coloration, tinting or striping?

It is the producer’s responsibility to label their products correctly and submit a declaration. We begin enforcement in July 2024, and the public can report observations of non-compliant products including where they receive or find the product.

Ecology may include a business in educational letters and communications to producers about a product the business sells or distributes. These will only be informative or part of our attempts to reach the plastic producer directly. Enforcement actions - including fines - can only be applied to the producer of the non-compliant product, not the business or retailer using it.

This law was developed by the state legislature and passed as part of the Organics Management Law in 2022 (HB1799). It was updated and amended in the 2024 (HB2301) legislative session.

RCW 70A.455.010 speaks to the legislature’s intent. It says “environmental marketing claims for plastic products, whether implicit or implied, should adhere to uniform and recognized standards for "compostability" … since misleading, confusing, and deceptive labeling can negatively impact local composting programs and compost processors. Plastic products marketed as being "compostable" should be readily and easily identifiable as meeting these standards.”

Additionally, RCW 70a.455.010 says, “it is the intent of the legislature to authorize the department of ecology, cities, and counties to pursue false or misleading environmental claims and "greenwashing" for plastic products claiming to be "compostable"…”

Find the bill sponsors and contact information on the Washington Legislature website.

We do not maintain a list of approved certifiers. Film bags, other film products, and food service products need to be certified that they meet ASTM standards D6400 or D6868. Other product types can be certified to similar standards like ASTMD8410, EN13432 or ISO17088.

Some certifiers test to only ASTM standards, others have ASTM certification as an option, and some certifiers will not certify to ASTM standards at all. Producers will need to work with their certifier to make sure they are getting an appropriate certification for their product.

Consumers can report products with improper certification logos when enforcement begins in July 2024.

Many producers had to re-design their products to comply with the law, and not all producers had the same access to printing or other manufacturing technologies. Small items like cocktail straws are facing difficulties complying due to technical limitations in the industry.

Producers are also challenged by consumer acceptance of some newly designed products, such as deli containers tinted green that are unappealing to shoppers.

Additionally, producers are navigating a patchwork of policy impacting compostable products and labeling standards. More local jurisdictions (cities and counties) in Washington are adopting ordinances mandating food businesses use compostable products in various situations (ex. to-go services). Other states like Colorado have similar but different labeling requirements for compostable products, and still others like Oregon currently do not allow compostable plastics at all.

A legislatively mandated Advisory Committee meets monthly to discuss the future of compostable product in Washington State. Their report to the legislature is due September 2024. Members of the public are welcome to attend and give comments during the last few minutes of each meeting.

The labeling requirements (i.e., the certifier logo, the color signal, and the written word “compostable”) should be on the product itself. We invite people to put themselves in the shoes of a composter, who will receive compostable products outside of their packaging. Producers may use different techniques (and combinations) to achieve compliance like printing, embossing, and using compostable stickers.

In the example of wrapped straws, each component needs to be thought about and labeled independently. The straw wrappers should have all the appropriate labeling requirements, and so should the straws.

To see the impact of mislabeled products and contamination firsthand, reach out to your local compost facility and ask for a tour.

The labeling rules apply to any plastic product that is sold, offered for sale, or distributed within or into the State of Washington. Plastic product is broadly defined in the law’s definitions (RCW 70A.455.020): "Plastic product" means a product made of plastic, whether alone or in combination with another material including, but not limited to, paperboard. A plastic product includes, but is not limited to, any of the following:

(a) A product or part of a product that is used, bought, or leased for use by a person for any purpose;

(b) A package or a packaging component including, but not limited to, packaging peanuts;

(c) A film product; or

(d) Plastic food packaging and food service products."

Products that are made entirely from wood or another fiber-based substrate are exempt, and do not need to be labeled according to the law or declared in Ecology’s database.

Starting June 6, 2024, the fiber-based exemption will expand to include products that are 98% (based on dry weight) fiber and contain no plastic additives, polymers, waxes, dyes, etc. Any additive that is part of the 2% allowance must be biobased and not derived from petroleum.

All compostable products in Washington must be certified to compost in an aerobic commercial compost facility. Starting June 6, 2024, if a producer has valid scientific evidence to support their product is compostable in home settings, they may include this claim as part of their marketing. However, no product can be labeled or otherwise imply it is home compostable only. Federal Trade Commission "Green Guides" discuss clarifying claims about compost facilities. Producers should work read these guides and work with their certifier to avoid deceptive claims about compostability of their product.