(a) Subject to § 9–2102(b) of this subtitle and subsection (b) of this section, on and after October 1, 2018, a person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag is:
(1) Labeled in a manner that is readily and easily identifiable from other plastic bags;
(2) Labeled in a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims;
(3) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification; and
(4) (i) A uniform color of green and labeled with the word “COMPOSTABLE” in at least a 1 inch font on one side of the bag;
(ii) Labeled in green writing with the word “COMPOSTABLE” in at least a 1 inch font on both sides of the bag; or
(iii) Labeled with the word “COMPOSTABLE” in at least a one–half inch font on both sides of the bag within a green color band that:
1. Contrasts with the compostable bag’s background color; and
2. Is at least 1 inch in height.
(b) If a compostable plastic bag is smaller than 14 inches by 14 inches, the compostable bag may be labeled in a manner that is in proportion to the size of the bag.
(c) A compostable plastic bag sold or distributed in the State may not be labeled as recyclable.
(d) A provision of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.
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