N.M. Admin. Code § 12.2.5.17

Current through Register Vol. 35, No. 23, December 10, 2024

Section 12.2.5.17 - COMPOSTABLE

A. It is an unfair or deceptive trade practice to misrepresent, directly or by implication, that a product or package is compostable.

B. It is an unfair or deceptive trade practice to make an unqualified claim that a product or package is compostable unless the claim is substantiated by competent and reliable scientific evidence that all the materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device.

C. Claims of compostability must be qualified to the extent necessary to avoid consumer deception. An unqualified claim may be deceptive if:

(1) municipal composting facilities are not available to a substantial majority of consumers or communities where the product is sold;

(2) the claim misleads consumers about the environmental benefit provided when the product or package is disposed of in a landfill; or

(3) consumers misunderstand the claim to mean that the product or package can be safely composted in their home compost pile or device, when in fact it cannot.

N.M. Admin. Code § 12.2.5.17

5/1/98; Recompiled 10/15/01