Solid waste: compostable products.
What changed between versions
New exemption (Section 42357(i)) allows food service establishments to use plastic single-use food service ware that is accepted by a recycling collector serving their jurisdiction. The exemption does not preempt local ordinances requiring compostable or reusable service ware and does not limit local authority to regulate service ware beyond the exemption.
The effective date for prohibiting sale of products labeled 'compostable' or 'home compostable' that are made wholly or partially of plastic was delayed from January 1, 2027 to June 30, 2027 (Section 42357(b)).
Section 42357(a)(1) was simplified: products labeled 'compostable' or 'home compostable' now need only have OK compost HOME certification or meet a standard adopted by the department under Section 42356.2, rather than also needing to meet the applicable ASTM standard specification directly.
Section 42356.2 was simplified from three conditions (recognized organization, adds qualifications to an ASTM standard, and is more stringent) to a single condition: the standard must be adopted or developed by a standard-setting organization recognized by the department. The 'adds qualifications' and 'more stringent' requirements were removed.
Section 42357(h)(2) changed from requiring the department to adopt regulations for determining labeling compliance ('shall adopt') to making it discretionary ('may adopt').
New subparagraph (B) in Section 42357(a)(3) clarifies that 'polymer' does not include natural rubber or naturally occurring polymers, including proteins and starches, for purposes of the fiber product exemption.
Section 42370.2(e)(2) updated cross-reference from 'subparagraph (A) or (C)' to 'subparagraph (B)' to reflect renumbering of ASTM standard specification definitions after repeal of Section 42356.1.