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§ 9-2102. Standards for biodegradable plastic products.

MD Env Code § 9-2102 (2019) (N/A)
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(a)    Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment.

(b)    On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:

(1)    For a plastic product labeled as compostable, the plastic product shall meet:

(i)    1.    The ASTM D6400 standard specification; or

2.    The ASTM D6868 standard specification; and

(ii)    Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(2)    For a plastic product labeled as home compostable, the plastic product shall meet:

(i)    The OK Compost Home certification standard adopted by Vincotte; and

(ii)    Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(c)    On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:

(1)    (i)    Meets the OK Biodegradable Soil certification standard adopted by Vincotte; or

(ii)    At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less than 2 years’ time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test method; and

(2)    Fulfills the plant growth and regulated metals requirements under section 6.4 of the ASTM D6400 standard specification.

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