AB1812 - Solid waste: compostable products.

Amended IN Senate July 02, 2026 Amended IN Assembly March 23, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1812 Introduced by Assembly Member Aguiar-Curry (Coauthor: Assembly Member Bennett) February 10, 2026 An act to amend Sections 42281.2, 42356, 42356.2, 42357, and 42370.2 of, to add Section 42355.3 to, and to repeal Sections 42356.1, 42357.5, and 42358.5 of, the Public Resources Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST AB 1812, as amended, Aguiar-Curry. Solid waste: compostable products. Existing law prohibits a person from selling or offering for sale a product, as defined, that is labeled with the term “compostable” or “home compostable” unless, among others, the product meets a specified ASTM standard specification, has OK compost HOME certification, and meets a standard adopted by the Department of Resources Recycling and Recovery. Existing law requires the department to review revisions to the ASTM standard specification, as provided. Existing law authorizes the department to adopt a standard different from an ASTM standard if adopted or developed by a standard-setting organization recognized by the department, the standard adds qualifications to an ASTM standard specification, and the standard is more stringent than an ASTM standard specification, as provided. Existing law exempts a fiber product that is demonstrated to not incorporate any plastics or polymers from complying with any of these ASTM standards. This bill would instead prohibit a person from selling or offering for sale a product that is labeled with the term “compostable” or “home compostable” unless the product has OK compost HOME certification or meets a standard adopted by the department. The bill would repeal the requirement for the department to review revisions to the ASTM standard specification. The bill would instead authorize the department to adopt an existing standard different from an ASTM standard specification if the standard is adopted or developed by a standard-setting organization recognized by the department. This bill would exempt a fiber product that is demonstrated to not incorporate any plastics or polymers from requirements for labeling compostable products, as specified, unless the department adopts a standard for compostable fiber products. This bill, on and after January 1, June 30, 2027, would prohibit a person from selling or offering for sale a product in this state that is labeled with the term “compostable” or “home compostable” that is made wholly or partially of plastic, as defined. This bill would exempt from prohibition a food service establishment’s use of plastic single-use food service ware that is accepted by a recycling collector that services the jurisdiction in which the food service establishment operates, as specified. The bill would provide that this exemption does not preempt a local requirement for food service establishments to use compostable or reusable service ware or otherwise limit the authority of a local government to regulate service ware outside of the exemption, as specified. Existing law requires a compostable bag that meets an ASTM standard specification described above to comply with certain labeling requirements. This bill would repeal those labeling requirements. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 42281.2 of the Public Resources Code is amended to read: 42281.2. (a) On and after January 1, 2025, a store, as defined in Section 42280, shall not provide a precheckout bag to a customer if the bag is not one of the following: (1) A compostable bag that meets both of the following criteria: (A) Is eligible to be labeled with the terms “compostable” or “home compostable” pursuant to Section 42357. (B) Has a minimum 15-inch mouth width. (2) A recycled paper bag. (b) For purposes of this section, a “precheckout bag” means a bag provided to a customer before the customer reaches the point of sale, that is designed to protect a purchased item from damaging or contaminating other purchased items in a checkout bag, or to contain an unwrapped food item, such as, but not limited to, loose produce, meat or fish, nuts, grains, candy, and bakery goods. “Precheckout bag” does not include a bag used to prepackage items prior to their arrival in a store. SEC. 2. Section 42355.3 is added to the Public Resources Code, to read: 42355.3. The Legislature finds and declares all of the following: (a) California is a leader in composting policy and infrastructure. (b) California has the largest composting program in the country. (c) California hosts a large share of the country’s full-scale composting and organics recycling facilities. (d) California’s organic recyclers and compost operators have created a sustainable, scalable industry model for the state, the nation, and the world that demonstrates that putting clean, recycled, composted organic materials back into the ground is among the most predictable, cost-efficient, productive, and eco-friendly uses of organic waste. (e) As leaders, California’s organic recyclers and compost operators strive to develop markets to increase sales of clean compost, mulch, and wood products. (f) Almost two-thirds of the market for compost is the agricultural sector, which relies on the highest quality organic compost. (g) California farmers rely on National Organic Program certification as the guarantee of compost quality. (h) Contaminants in the organic waste stream jeopardize the organic status for California’s farmers and increase sorting and compost processing costs, which leads to increased waste collection charges to residential ratepayers. SEC. 3. Section 42356 of the Public Resources Code is amended to read: 42356. For purposes of this chapter, the following definitions apply: (a) “ASTM” means the ASTM International. (b) (1) “ASTM standard specification” means either of the following: (A) The ASTM Standard Specification for Labeling of Plastics Designed to be Aerobically Composted in Municipal or Industrial Facilities D6400, as published in 2019. (B) The ASTM Standard Specification for Labeling of End Items that Incorporate Plastics and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial Facilities D6868, as published in 2019. (2) “ASTM standard specification” does not include an ASTM Standard Guide, a Standard Practice, or a Standard Test Method. (c) “Department” means the Department of Resources Recycling and Recovery. (d) “Director” means the Director of Resources Recycling and Recovery. (e) “Manufacturer” means a person, firm, association, partnership, or corporation that produces a product. (f) “OK compost HOME certification” means certification of conformity with the existing TUV Austria certification “OK compost HOME certification” which, as of January 1, 2011, uses European Norm 13432 standard adapted to low-temperature composting in accordance with the TUV Austria program “OK 2-Home Compostability of Products.” (g) “Product” includes, but is not limited to, any of the following: (1) (A) A consumer product. (B) For purposes of this paragraph, “consumer product” means a product or part of a product that is used, bought, or leased for use by a person for any purpose. (2) A package or a packaging component. (3) A bag, sack, wrap, or other thin plastic sheet film product. (4) A food or beverage container or a container component, including, but not limited to, a straw, lid, or utensil. (h) “Supplier” means a person who does one or more of the following: (1) Sells, offers for sale, or offers for promotional purposes a product. (2) Takes title to a product, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes. SEC. 4. Section 42356.1 of the Public Resources Code is repealed. SEC. 5. Section 42356.2 of the Public Resources Code is amended to read: 42356.2. (a) The department may adopt an existing standard different from an ASTM standard specification if the existing standard is adopted or developed by a standard-setting organization recognized by the department, including, but not limited to, the ASTM or another similar organization. (b) The department may adopt a standard for compostable fiber products described in paragraph (3) of subdivision (a) of Section 42357. SEC. 6. Section 42357 of the Public Resources Code is amended to read: 42357. (a) (1) Except as provided in paragraph (3), a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless, at the time of sale or offering for sale, the product has OK compost HOME certification, as provided in paragraph (2), or the product meets a standard adopted by the department pursuant to Section 42356.2. (2) (A) A product shall not be labeled with the term “home compostable” unless the manufacturer of that product holds OK compost HOME certification with regard to that product, except as provided in subparagraph (B). (B) If the department adopts a standard pursuant to Section 42356.2, a product labeled with the term “home compostable” shall meet the standard adopted by the department and not the standard specified in subparagraph (A). (3) (A) Notwithstanding paragraph (1), a fiber product that is demonstrated to not incorporate any plastics or polymers, including, but not limited to, through lamination, extrusion, or mixing, is not required to comply with this section, unless the department has adopted or approved a standard relevant to compostable fiber products. (B) For purposes of subparagraph (A), “polymer” does not include natural rubber or naturally occurring polymers, including, but not limited to, proteins and starches. (b) On and after January 1, June 30, 2027, a person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” that is made wholly or partially of plastic, as defined in Section 42041. (c) (1) Except as provided in subdivision (a) or (g), a person shall not sell or offer for sale a product in this state that is labeled with the term “biodegradable,” “degradable,” or “decomposable,” or any form of those terms, or in any way implies that the product will break down, fragment, biodegrade, or decompose in a landfill or other environment. (2) For purposes of this subdivision, “implies” includes, but is not limited to, using green, beige, or brown tinting or color schemes on a plastic precheckout or carryout bag that is not eligible to be labeled with the terms “compostable” or “home compostable” pursuant to this section. (d) The director may issue guidelines, consistent with this chapter, for determining whether a product is not compliant with the labeling requirements of this section, and whether a product is designed, pigmented, or advertised in a manner that is misleading to consumers. (e) A manufacturer or supplier, upon the request of a member of the public, shall submit to that member, within 90 days of the request, information and documentation demonstrating compliance with this chapter, in a format that is easy to understand and scientifically accurate. (f) A product that is in compliance with this chapter shall not, solely as a result of that compliance, be deemed to be in compliance with any other applicable marketing requirement or guideline established under state law or by the Federal Trade Commission. (g) (1) The department may adopt the European Committee for Standardization’s standard specification EN 17033:2018 entitled “Plastics—Biodegradable mulch films for use in agriculture and horticulture—Requirements and test methods” or may adopt a standard that is equivalent to, or more stringent than, that standard, as it read on January 1, 2020. (2) A person may sell or offer for sale commercial agricultural mulch film labeled with the term “soil biodegradable” only if the department has adopted the standard specification, or an equivalent or more stringent standard, pursuant to paragraph (1) and the commercial agricultural mulch film is certified to meet both that specification and the ASTM standard specification for compostability. (3) For purposes of this subdivision, “commercial agricultural mulch film” means film plastic that is used only as a technical tool in commercial farming applications. (h) (1) A person shall not sell or offer for sale a product in this state that is labeled with the term “compostable” or “home compostable” unless the product satisfies all of the following: (A) If any standard specification is applicable to the product pursuant to this chapter and the department has approved a third-party certification entity to certify products according to that standard specification, the product shall have certification that it meets at least one standard from an approved third-party certification entity for the standard. This requirement shall not apply unless there is, and has been for at least one year immediately prior to the product being sold or offered for sale, a third-party certification entity approved by the department to provide the applicable certification. (B) On and after January 1, 2026, is an allowable agricultural organic input under the requirements of the United States Department of Agriculture National Organic Program. By January 1, 2024, the department, through a public stakeholder process, shall determine whether, for purposes of this section, it would be feasible to separate the collection of products in order to recover organic waste that is suitable for use in organic agricultural applications from the collection of products not suitable for use in organic agricultural applications. If the department determines that the bifurcation is feasible and would enable efficient processing by solid waste processing facilities, the department shall adopt regulations on or before January 1, 2026, to establish a bifurcated approach, and products that are not collected for the purpose of recovering organic waste that is suitable for use in organic agricultural applications shall comply with the department’s regulations and are not subject to the requirements of this subparagraph. The director may grant a five-year extension for complying with this requirement if either of the following apply: (i) The product or substance has or will soon be, as determined by the director, included as allowed on the National List of Allowed and Prohibited Substances (Sections 205.600 to 205.607, inclusive, of Title 7 of the Code of Federal Regulations). (ii) The product or substance has or will soon be, as determined by the director, included as an allowable organic input for compost under federal law. (C) Does not have a total organic fluorine concentration of greater than 100 parts per million, unless the department adopt [Text truncated for display. Full text available on Congress.gov.]