Compostable criteria

(a) In general The producer of a covered material shall not include— (1) a claim that the covered material is compostable unless the covered material is considered compostable under this Act; or (2) a qualified claim of compostability unless the covered material meets the requirements under subsection (c). (b) Criteria A covered material shall be considered compostable if the covered material— (1) is designed to be compostable in accordance with the design standards and guidelines of the industry of the covered material; (2) at a minimum— (A) adheres to ASTM International 6400, 6868, or equivalent standard specifications that test the ability of the covered material to break down into compost; and (B) does not contain intentionally added perfluoroalkyl or polyfluoroalkyl substances or heavy metals that are incompatible with compost; (3) is capable of being collected and accepted by at least 50 percent of the established composting programs in the United States; and (4) is processed by itself or with other covered material categories through controlled biological degradation to make compost or a substantially similar soil amendment. (c) Qualified claims of compostability A covered material shall be eligible for a qualified claim of compostability if— (1) the covered material is capable of being collected and accepted by at least 30 percent of the established composting programs in the United States; (2) the covered material meets the requirements described in paragraphs (1), (2), and (4) of subsection (b); (3) the qualified claim of compostability is consistent with the standardized on-package label established under section 8(a); and (4) except as provided in this subsection, the qualified claim of compostability is made in accordance with any other requirements under this Act relating to compostable covered materials. (d) Regulations The Administrator, in coordination with the Commission, and with consideration of the recommendations of the Advisory Committee, shall issue guidance or regulations for— (1) determining whether a covered material meets the criteria described in subsection (b) or (c); and (2) describing acceptable qualified claims of compostability that will provide clear and standardized information to consumers to allow them to determine whether the covered material is compostable in their jurisdiction and how to compost the covered material. (e) Limitation for plastic or plastic-Lined covered materials If a plastic or plastic-lined covered material is not compostable, the producer of the plastic covered material shall ensure that the plastic covered material does not include a marking that would intentionally or unintentionally mislead the public to believe that the covered material is compostable, such as— (1) green or brown tinting, coloring, or striping; (2) a green or brown certification logo, unless approved by the Administrator; or (3) any other design, logo, or similar marking that the Administrator determines is deceptive or misleading. (f) Publication of covered materials Not later than 270 days after the date of enactment of this Act, and every 2 years thereafter, the Administrator shall publish a list of covered materials that meet the requirements of this section.