LA County Updates Ordinances to Include CMA

On July 3 rd , 2023, Los Angeles County updated their ordinances on acceptable compostable products, including CMA as a new standard for qualifying products. The ordinances can be accessed here under Chapter 12.86 – REDUCTION OF WASTE FROM SINGLE-USE ARTICLES AND EXPANDED POLYSTYRENE RODUCTS. 12.86.010 – DEFINITIONS

This is fantastic progress. Yet, ordinances can sometimes be confusing to navigate. As such, we will review and assess what these definitions mean for product manufacturers aiming to be compliant with LA County’s new regulations.

The following has been outlined in LA County for an item to qualify as ‘compostable’ and thus be accepted into the local market:

1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (PFAS); and
2. It must satisfy one or more of the following additional requirements:

a . It must be certified as \”home compostable\” by a certifying organization acceptable to the director of Public Works. \”Home compostable\” means that the material will biodegrade at moderate temperatures in a composting bin designed for home use

b. It must be certified by its manufacturer to be composed solely of fiber-based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material; or

c. It must accommodate a specific food service application for which the Director of Public Works has determined that no single-use article that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as compostable by both the Biodegradable Products Institute (\”BPI\”) and the Compost Manufacturing Alliance (\”CMA\”).

The good news is: If you’re CMA approved or certified, you already have these boxes checked! That said, let’s break this down piece by piece.

1. It must be free of all intentionally added fluorinated chemicals, including, but not limited to, per- and polyfluoroalkyl substances (PFAS)” PFAS is a large group of chemicals used in a wide variety of applications, from ski wax to household products. In foodservice products, they are typically used to provide grease resistance and are commonly found in items such as deli sheets and molded fiber containers. Do you use Teflon pans? PFAS chemicals are used to provide that nonstick surface perfect for an over easy egg.

PFAS are quickly becoming known as “forever chemicals” because once used, they are nearly impossible to eliminate. They have been linked to several health effects including:

• Increased risk of some cancers
• Decreased fertility or increased high blood pressure in pregnant women
• Developmental effects in children
• Increased cholesterol levels and obesity risk
• Reduced ability of the body’s immune system

What’s more, commercial composters are passive receivers when items containing PFAS are introduced into the pile. The composting process cannot destroy these compounds, meaning that the finished product (compost) can also contain PFAS. Thus, to save our future gardens from chemical contamination, it’s best to limit foodservice items containing PFAS from entering the compost bin in the first place.

CMA implemented our PFAS policy in 2021 to ensure approved and certified products are not contributing to this challenge. To qualify, all submissions must be tested for total fluorine at a CMA
approved laboratory and meet the required criteria.

2a. It must be certified as \”home compostable\” by a certifying organization acceptable to the Director of Public Works. \”Home compostable\” means that the material will biodegrade at moderate temperatures in a composting bin designed for home use.

Currently, the only qualifying ‘home compostable’ certification is TUV’s OK compost HOME, in which a set of lab tests are conducted to replicate comparable home composting conditions. Due to the high variability in these conditions, there is not yet a field-based certification for home composting.

2b. It must be certified by its manufacturer to be composed solely of fiber- based material, such as paper or wood, without any coatings or additives that are not made entirely from fiber-based material;

This is fairly straightforward- the County wants fiber-only materials first and foremost. Birch cutlery, single-ply napkins, and coffee stir sticks are all good examples. However, there are certain foodservice applications where this parameter won’t work; if coffee or soup is served in an unlined or uncoated fiber cup, chances are that more will end up on the table than in your stomach. Hence…

2c. It must accommodate a specific food service application for which the Director of Public Works has determined that no single-use article that complies with subsection 2.a or 2.b of this definition is readily available, and it must have been certified as compostable by both the Biodegradable Products Institute (\”BPI\”) and the Compost Manufacturing Alliance (\”CMA\”).

This means that for product categories that cannot be fulfilled by a fiber-only solution, alternative items are acceptable. However, they must be certified compostable by both BPI and CMA.

Unlike other counties in California, LA County’s updated ordinances do not specifically restrict single-use bioplastic items, meaning that items made from PLA or a similar biopolymer may be accepted under section 2c.

By referencing CMA as an acceptable certification standard, LA County is ensuring that products entering the market are:

• Proven to disintegrate in real-world compost facilities
• Shown to meet ASTM D6400 or D6868 standards for compostability
• Not introducing PFAS into the compost stream

If you are a product manufacturer wishing to certify your items compliant for LA County, please contact Diana Lloyd-Jones for more information.

We commend LA County’s due diligence in the compostables area and fully support their efforts to improve local organics recycling programs.