It is estimated that 25% of waste into Washington’s landfills is organic, consisting of food, yard waste, woody debris and animal waste.² Organic waste, when landfilled, degrades releasing methane. Methane is a potent greenhouse gas that is 28 to 36 times more effective at trapping heat in the atmosphere than carbon dioxide.³ Diverting organics from landfills can have a significant impact on methane emissions.

Washington HB 1799 targets a 75% reduction in organic waste going into landfills by 2030 compared to 2015 and a 20% reduction in waste of edible food on the same matrix. To achieve these goals, the bill requires jurisdictions with more than 25,000 population to provide organics recycling services, businesses to divert organics and cities and counties to coordinate solid waste planning. The bill updates the Good Samaritan Act to make usable food donation easier and creates the Washington Center for Sustainable Food Management within the Department of Ecology.

The bill focuses not only on reduction of organic waste but supports end markets for compost. It provides for grants for a sustainable farms and fields program for use of compost in agriculture. Local governments must adopt a compost procurement ordinance by January 1, 2023, develop a plan for use of compost in city projects and provide citizen education on compost use. Acknowledging the need for increased composting capacity, the bill requires local jurisdictions to include consideration for siting organic materials management facilities in comprehensive land use planning.

Finally, the bill amends the Plastic Product Degradability Act that went into effect in 2020.⁴ That act prohibited product packaging from using terms such as “degradadable”, “oxo-degradable” and ”biodegradable”. It set specific standards for labelling of compostable products. HB 1799 furthers the efforts of that bill to address greenwashing and reduce contamination for composters.

The bill transfers enforcement authority from the Washington State Attorney General to the Department of Ecology (ECY). Cities and counties continue to have concurrent jurisdiction. ECY is authorized to make rules and must develop a forum for complaints to address violations of the law.

All products labelled “compostable” must meet applicable ASTM standards (D6400 or D6868) or be fiber-based substrate only. They must use a third-party certification logo (such as CMA) denoting the product meets those standards. They must be readily and easily identifiable as compostable upon quick inspection in both public sorting areas and in processing facilities. To this end, food service or film products (other than bags) must be at least partially colored green, beige or brown. The prior act merely encouraged color marking. Compostable film bags must be uniformly colored or tinted green, beige or brown and non-compostable film bags are prohibited from using those colors.

Section 807(2) allows compost facilities to request technical information from compostable product producers showing the parameters in which the product has been field tested and found to degrade. Disclosure of the information is “encouraged” rather than mandated. However, composters are free to prohibit any products that do not show this proof.

Washington State has taken a huge step forward to address methane emissions and climate change. The goals are ambitious and require cooperation and collaboration from all stakeholders to make the vision a reality. CMA is committed to supporting the goals of this legislation and working with the supply chain, municipalities, haulers and composters to address this important environmental effort.

If you have questions about this legislation or CMA’s role in supporting these changes, please contact CMA’s Compliance Director and legislative liaison, Janet Thoman at janet@composterapproved.com.

1 https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/House%20Passed%20Legislature/1799-S2.PL.pdf#page=1

2 Washington Department of Ecology, 2020-2021 Waste Characterization Study. https://ecology.wa.gov/Waste-Toxics/Reducing-recycling-waste/Waste-reduction-programs/Organic-materials. Accessed March 30, 2022.

3 US Environmental Protection Agency, Basic Facts About Landfill Gas. https://www.epa.gov/lmop/basic-information-about-landfill-gas. Accessed March 30, 2022.

4 RCW 70A.455. https://app.leg.wa.gov/rcw/default.aspx?cite=70A.455. Accessed March 30, 2022.

AB 1276 requires third-party food delivery platforms to list single-use items and provide them only upon request. Some food facilities already ask customers before handing out utensils, straws, and condiments. However, this law will make that a standard practice.  

Recently, Governor Newsom signed AB1276 into law. The bill, written by Assemblywoman Wendy Carrillo, D-Los Angeles, expands on the existing requirement to provide straws only upon request to include single-use plastic utensils and condiment packets.  

Correctional institutions, health care, and residential care facilities and school cafeterias are exempt from this law.  

 This new practice will reduce waste and help keep single-use plastics out of the landfill, waterways, recycle-ing streams, and compost facilities.  

CMA joined dozens of organizations and individuals to endorse this bill and support its passage.  This is a meaningful steps towards sustainable living. Hopefully other states will follow, putting into place laws that will help reduce waste and bring encourage consumers to only take and use what they need. 

See the official law, votes, and more here Bill Text – AB-1276 Single-use foodware accessories and standard condiments. (ca.gov)  

The Sustainable Packaging Coalition (SPC) has released a guide, Understanding the Role of Compostable Packaging in North America. This guide gives insight to compostable packaging and its role in the industry. As compostable packaging and products become more popular, and necessary, use the SPC\’s research to aid in understanding how sustainable packaging fits into your brand’s manufacturing, packaging, and consumer education. The SPC offers guidance in determining if certain packaging categories are appropriate for urban organics collection programs (not everything should compost). To have sustainability, compost must play a role and this guide helps decide what approach to take!

Reach out to CMA to test your compostable products for successful disintegration, or simply to ask questions about compostables!