1. (a) To be considered “eligible for being labeled ‘compostable”’ pursuant to subdivision (b) of section 42050 of the Public Resource Code, covered material must satisfy the criteria set forth in Chapter 5.7 of Part 3 of Division 30 of the Public Resources Code (sections 42355 through 42358.5) for lawful labeling of commercial goods using the word “compostable.” The criteria concerning the lawfulness of discrete labels themselves, such as restrictions on the manner of labeling pursuant to subparagraph (D) of paragraph (1) of subdivision (g) or paragraph (2) of subdivision (g) of section 42357 of the Public Resources Code, shall not be construed to concern eligibility.

2. (b) The list published by the Department pursuant to subdivision (d) of section 42061 of the Public Resources Code shall identify each covered material category that satisfies both of the following conditions:

   1. (1) There is any covered material within the covered material category that satisfies the requirements set forth in subparagraph (B) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code.
   2. (2) The covered material category may encompass any covered material that, if used by individual items that meet the requirements set forth in paragraphs (3) through (5) of subdivision (c), would be eligible for being labeled compostable.

3. (c) To be eligible for being labeled compostable, individual covered material items must satisfy the following criteria, as applicable:

   1. (1) They must be within one of the covered material categories listed pursuant to subdivision (d) of section 42061 of the Public Resources Code.
   2. (2) They must not have characteristics that cause them not to satisfy the requirements under subparagraph (B) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code.
   3. (3) They must be certified as required by subparagraph (A) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code, if made effective according to its terms, including the condition that the Department shall have approved at least one third-party certification entity pursuant to section 18981. This requirement shall not apply to covered materials that are exempt from this paragraph according to paragraph (4).

   4. (4) If the covered material items do not satisfy the requirements of paragraph (3), they must be exempt from the certification requirement pursuant to subdivision (d) of section 42356.1 of the Public Resources Code because they comprise fiber and do not incorporate any plastics or polymers, as defined in paragraph (16) of subdivision (a) of section 18980.1. For the purposes of this exemption:

      1. (A) Producers shall maintain documentation demonstrating that this exemption applies while the covered material items are offered for sale, sold, or distributed, and for three years thereafter. The documentation must:

         1. (i) Demonstrate that the manufacture of the items does not incorporate plastics or polymers, as defined in paragraph (16) of subdivision (a) of section 18980.1, into the item through an intentional process or combination of processes, such as lamination, extrusion, and mixing.
         2. (ii) Identify all substances present in the covered material items, including those that are used as ingredients to produce the items or are adhered to the items. Upon request by the Department, the Independent Producer, PRO, or producers of the covered material shall provide a written description of any substance identified pursuant to this paragraph. The description shall demonstrate that the substance does not constitute plastic.
      2. (B) Upon request by the Department, a person claiming not to be a producer with respect to single-use food service ware items on the basis that the items do not incorporate plastic or polymers, as defined in paragraph (16) of subdivision (a) of section 18980.1, and are thus not covered material shall provide documentation satisfying the requirements of clauses (i) and (ii) of subparagraph (A).
   5. (5) They must satisfy the requirement set forth in subparagraph (E) of paragraph (1) of subdivision (g) of section 42357 of the Public Resources Code concerning association with the recovery of desirable organic wastes. For purposes of this requirement an item is designed to be associated with the recovery of desirable organic waste if it is desirable organic waste itself or is marketed, labeled, or otherwise sold or distributed in a manner that directs or otherwise causes users of the item to use and discard it with desirable organic waste.
4. (d) The requirements of this section govern whether covered material items satisfy the requirements of section 42357 of the Public Resources Code only for the purposes of determining whether the items comply with subdivision (b) of section 42050 of the Public Resources Code. No requirement of this section or any other provision of this article shall be construed as governing compliance with section 42357 of the Public Resources Code for any other purpose.
5. (e) The provisions of this article shall not be construed as setting forth all the requirements for a particular label or labeling practice to comply with applicable requirements of sections 42355 through 42358.5 of the Public Resources Code or any other law.
6. (f) Satisfying the legal requirements for being labeled “home compostable” pursuant to sections 42355 through 42357.5 of the Public Resources Code or any other law shall not be construed to mean that any covered material is eligible for being labeled “compostable” for purposes of subdivision (b) of section 42050 of the Public Resources Code.

Note: Authority cited: Sections 40401, 40502 and 42060, Public Resources Code. Reference: Sections 42041, 42050, 42061, 42355, 42355.5, 42355.51, 42356, 42356.1, 42356.2, 42357, 42357.5, 42357.6, 42358 and 42358.5, Public Resources Code.

History

1. New section filed 5-1-2026; operative 5-1-2026 pursuant to Government Code section 11343.4(b)(3) (Register 2026, No. 19).