Compostable plastic labeling requirements

The producer of the compostable product is responsible for compliance, including sending the declaration to Ecology.

If the item 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. If local cities or counties plan to do their own enforcement, they should send us a letter of intent per RCW 70A.455.090.

People can send us a form to report a product that may violate part of the law. We review each report and the associated product, then work with the producer to fix the issue. You can read about our full process in Responses to Incidents of Non-Compliance. If you fill out the form, please include photos of the product and/or a UPC for the item.

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 products?
• Did the producer submit a declaration to the Ecology database for this product?
• Does this product have a certification logo? The word “compostable”? Green, brown, or beige coloring, tinting or striping?

While the producer is responsible for compliance, we include businesses in educational letters and other communications about non-compliant products the business may sell or distribute. These are mostly informative and part of our attempts to reach the producer directly. Enforcement actions - including fines – are usually applied to the producer of the non-compliant product. However, a business can be fined if they continue importing the non-compliant product after being told to stop.

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 only to 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.

You can report products with improper certification logos through our complaint portal.

If you are thinking about using compostable items at home or for your business, first check with your local hauler or the local organics management facility to see if compostable products can be sent there and which ones are accepted.

We do not have a complete list of “approved” compostable products. There is a list of products declared in the state by producers. By declaring a product, a producer is saying the item meets our state laws. However, our staff do not review items listed on declarations unless we receive a complaint.

Certifiers like Biodegradable Products Institute, Compost Manufacturing Alliance, NSF, and others have product databases to verify a certification and find products for your home or business.

The certifier logo, the color signal, and the written word “compostable” should be on the product itself. At compost facilities, items are received without their packaging, so the product itself must be marked. Paper-based sheets used for cooking (ex. parchment paper) are the exception, and labeling can be on the product’s packaging only.

Producers may use different techniques (and combinations) to achieve compliance, like printing, embossing, and using compostable stickers.

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

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 from wood or at least 98% fiber are not affected by the law if they do not contain any plastic additives, coatings, or waxes. They do not need to be labeled according to the law or declared in Ecology’s database.

All compostable products in Washington must be certified to compost in an aerobic commercial compost facility. 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. 

In addition, Federal Trade Commission "Green Guides" say that products certified for industrial composting settings should have a claim that “Local facilities may not exist.” While we won’t enforce this requirement, the statement about local facilities is still expected to be apparent on compostable products in Washington State.