The Nickel Report

Starting in June 2027, California’s “compostable” labeling standard will prohibit certain products from being labeled as “compostable,” even if they are ASTM-certified. This is particularly important considering California’s Extended Producer Responsibility (EPR) law, which will require covered products to be either recyclable or compostable by 2032. Regulated entities should understand the contours of California’s “compostable” standard and begin developing internal mechanisms to ensure compliance and avoid unexpected production pauses or enforcement actions.

Last December, we reported that President Trump signed into law the Agriculture Improvement Act of 2018 (the 2018 Farm Bill). Since then, federal and state governments have rushed to implement the new law and state analogs in time for the 2020 growing season. As we have seen with the development of complex new regulatory schemes in other industries, regulatory uncertainty and opportunities abound.