HF3649

Purpose

To tighten how products labeled as biodegradable or compostable can be sold in Minnesota, by requiring independent certification to verify that these products truly meet certain standards before they can be marketed in the state.

Main Provisions

• Beginning January 1, 2026, no manufacturer, distributor, wholesaler, or other seller may sell or offer for sale in Minnesota a covered product labeled biodegradable or compostable unless it is certified as meeting specified requirements.
• Certification must come from an entity that is a nonprofit corporation.
• The certifying entity must have as its primary focus promoting the production, use, and appropriate end-of-life disposal of materials and products designed to fully biodegrade in certain biologically active environments (for example, industrial composting).
• The certifying entity must be technically capable of and willing to perform the necessary analysis to determine a product’s compliance with the applicable subdivision (subdivision 1 or subdivision 2) of the statute.

Certification Requirements and Process

• The bill creates or relies on a third-party certification regime: only products certified by an eligible entity may be sold as biodegradable or compostable in Minnesota.
• The certifying entity must assess compliance with the relevant standards (subdivision 1 or 2) to determine if a product is properly certified.
• The required certifier must be a nonprofit and aligned with goals around biodegradation, proper end-of-life, and testing capability.

Scope and Timeline

• Applies to manufacturers, distributors, wholesalers, and other sellers operating in Minnesota.
• The certification requirement takes effect on January 1, 2026.

Changes to Existing Law

• Amends Minnesota Statutes 2024 section 325E.046 subdivision 2a to add mandatory certification, specify the type and role of the certifying entity, and establish a clear date by which products labeled biodegradable or compostable must be certified to be lawfully sold in the state.

Practical Implications

• Expect changes in how biodegradable or compostable products are labeled and marketed in Minnesota.
• Retailers and suppliers will need to verify certification status before selling labeled products.
• The bill elevates accountability and reduces the risk of misleading labeling by requiring independent, nonprofit-backed verification that products truly meet biodegradability/compostability criteria in appropriate environments.

Relevant terms biodegradable, compostable, covered product, certification, certified, nonprofit corporation, primary focus of operation, end of life, biologically active environments, industrial composting, analysis, compliance, subdivision 1, subdivision 2, third-party certification, sale, buy, sell, offer for sale, Minnesota, 325E.046.