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Composting & BPI Development, Labeling & FTC Enforcement . Steve Mojo-BPI Exec. Director Western Plastics Association June, 2014. Agenda. Compost Infrastructure New BPI Activities Regulatory Scrutiny. Value of Compostable Plastics.
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Composting & BPI Development, Labeling & FTC Enforcement Steve Mojo-BPI Exec. Director Western Plastics Association June, 2014
Agenda • Compost Infrastructure • New BPI Activities • Regulatory Scrutiny
Value of Compostable Plastics “Compostable plastics are a vehicle for collecting more food waste.” Dick Lilly, Seattle Public Works
Benefit of Compostables • Compostable liners keep bins cleaner and improve participation. • Eliminate need to separate food soiled plastics • Compostable foodservice items go in same bin as foodscraps
BPI is resource for Manufacturers Generators Composters Haulers
Find A Composter 245 Post Consumer Food Scraps
New BPI Logo • More Modern • Uses 30% less space • Unique certification # for each participant • Includes FTC “qualification language” • NA & Canada only versions North America Canada Only
New BPI Product Catalog products.bpiworld.org
Searchable by Company products.bpiworld.org
Results by Company products.bpiworld.org
Increasing Attention to Biodegradable Claims • 2008: CA PRCcodes amended to eliminate use of the term “biodegradable” on plastics • 2009: Kmart’s paper plates biodegradable claims misleading (FTC) • 2010: Italian court fined 3 companies €100,000 for biodegradable claims • 2010: Loosefill manufacturer “biodegradable” product claims found misleading (NAD) • 2011: CA AG sued bottled water company for misleading biodegradable claims • 2012: FTC Revised “Green Guides
Green Guide “Degradable” Definition • Covers degradable, biodegradable, oxo-degradable, oxo-biodegradable, or photodegradable • For unqualified claims, manufacturer needs scientific evidence that the product will completely decompose into elements found in nature in a reasonable short period of time, after customary disposal Source: http://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-issues-revised-green-guides/greenguides.pdf pp 17
Green Guide “Degradable” Definition (New) • “It is deceptive to make an unqualified degradable claim for items entering the solid waste stream if the items do not completely decompose within one year after customary disposal. Unqualified degradable claims for items that are customarily disposed in landfills, incinerators, and recycling facilities are deceptive because these locations do not present conditions in which complete decomposition will occur within one year.”
October 29, 2013 Source: http://www.ftc.gov/news-events/press-releases/2013/10/ftc-cracks-down-misleading-unsubstantiated-environmental
FTC Oct. Announcement • 6 companies “biodegradable” claims were misleading • 3 plastics manufacturers • American Plastics, Champ, Clear Choice Housewares and Carnie • Also, named additive suppliers • 1 Paper Company • AJM, which was fined $450,000 as it was a repeat offense (original in 1994).
“Qualified Claims” • In order to make qualified claims, the companies must state the time required for complete biodegradation in a landfill or the time to degrade in a disposal environment near where consumers who buy the product live. Alternatively, the companies may state the rate and extent of degradation in a landfill or other disposal facility accompanied by an additional disclosure that the stated rate and extent do not mean that the product will continue to decompose or decompose completely. Source: http://www.ftc.gov/news-events/press-releases/2014/05/ftc-approves-final-order-settling-charges-company-made-misleading
Summary • Food scrap diversion programs are growing throughout NA. • The BPI is focused on serving as the link between manufacturers and the composting industry. • Manufacturers making “biodegradable” claims face increased scrutiny at both Federal and local levels.
BPI Contact Information • Tel: (01) 888-274-5646 • Fax: (01) 508-858-0608 • Email: • info@bpiworld.org • Website: • www.bpiworld.org • http://products.bpiworld.org