To reduce contamination at compost facilities, Minnesota’s compostable product labeling law (Minn. Stat. § 325E.046) requires all covered products that are labeled as “compostable” and sold in Minnesota to meet certain requirements. Covered products include bags, packaging, and food service products such as plates, trays, cups, bowls, to-go containers, utensils, and straws. If these products are labeled as compostable, they must be certified compostable by a third party and comply with labeling requirements. The law also restricts the use of misleading terms such as “biodegradable.”
Certification required
As of Jan. 1, 2026, bags, packaging, and food service products labeled as “compostable” must be certified compostable by a third party that meets the law’s requirements for certifiers. Certified products must meet one of two compostability standards: ASTM D6868 or ASTM D6400.
Currently, the Biodegradable Products Institute (BPI) is the only certifier that meets the law's requirements for certifiers. This page will be updated if and when other certifiers that meet the law’s requirements are identified.
Labeling and restriction of misleading terms
Bags, packaging, and food service items that are labeled “compostable” and meet the required compostability standards must also meet the following labeling requirements:
- Products must be labeled to reflect that they meet the appropriate ASTM standard, unless they are made entirely of wood or paper with no additives or coatings. A logo or mark from an approved certifier can fulfill this requirement. The label must be in a legible text size and font.
- Products must be clearly and prominently labeled on the product, or the product’s smallest unit of sale, that they are intended for composting at an industrial compost facility. This label must be on the product itself if it can fit on the product in a legible text size and font.
Bags, packaging, and food service products may not be labeled “biodegradable,” “degradable,” “decomposable,” or any form of those terms. This applies to all covered products whether or not they are labeled “compostable.”
Who does this law apply to?
The law regulates the sale of products within or into Minnesota. Bags, packaging, and food and beverage products cannot be sold in or into Minnesota unless they meet the requirements above. Any entity selling bags, packaging or food service products is responsible for making sure the products that they sell are compliant with the law. This includes manufacturers, distributors, wholesalers, and any other entity selling these products.
How is this law enforced?
The MPCA enforces this law on a complaint basis. If you come across a product that you think violates the requirements described above, please submit a complaint using the MPCA online complaint form.
Why is this law important?
Contamination is one of the biggest challenges facing organics recycling programs. Much of this contamination is from food service products with misleading labels. Clear and consistent labeling will make it easier for consumers to recognize when a product is truly compostable.
Food scraps and compostable materials make up approximately one-third of residential waste. Diverting these materials from the trash is necessary to meet the state’s recycling and composting goals (Minn. Stat. § 115A.551, subd. 2a). Counties, cities, and Tribal Nations are continuing to develop composting facilities and organics recycling programs. The success of these programs depends on reducing contamination. Less contamination means less time and money spent on contamination removal. Less contamination also leads to cleaner compost that is easier to sell and better for the environment.
Questions and answers
General
- Does the law apply if I manufacture products out of state but sell them in Minnesota?
Yes. The law applies to anyone selling products in or into Minnesota.
- How does this law impact compost sites?
The law does not regulate what compost sites can accept. Compost sites can determine what, if any, compostable products they will accept at their facility,.
- How does this law impact residents and consumers?
Residents and consumers should continue to follow guidance from their county, city and local compost sites on which compostable products are acceptable for organics recycling.
Compostability standards
- If a product is made of paper or wood with no coatings or additives, does it still need to be certified?
- Yes, only if the product is labeled "compostable."
- A product like a paper napkin, which would not generally be labeled “compostable,” does not need to be certified.
Labeling requirements
- If you are selling a box of compostable cups, do the labeling requirements apply only to the box, or also to the individual cups inside?
A label indicating that the product meets the appropriate ASTM standard, or a logo from an approved certifier, must appear on each product (in this example, each cup).
A label indicating that the product is intended for composting at an industrial facility must appear on each product, if it can fit on the product in a legible text size and font. If it cannot fit on the individual product, it can go on the smallest unit of sale. In this example, the label can fit on each cup so each cup must have this label.- Does the law require tinting, striping, or other visual aids on compostable products?
No.
- Does the law regulate use of the “chasing arrows” symbol?
No.
Certification requirement
- What are the requirements for certifiers?
A certifier must:
- be a nonprofit corporation
- as its primary focus of operation, promote the production, use, and appropriate end of life for materials and products that are designed to fully biodegrade in specific biologically active environments such as industrial composting
- be technically capable of and willing to perform analysis necessary to determine a product's compliance with the required ASTM standards
- Will the law require certification logos or marks on covered products?
No. All covered products labeled as compostable must be certified, but the law does not require certified products to display a certification logo or mark. However, a logo or mark from an approved certifier can fulfill the requirement that products must be labeled to reflect that they meet the required ASTM standards.ion content.
- If a product already has BPI certification, are any additional steps needed to comply with the law?
No. BPI’s compostability standards and labeling requirements meet or exceed what Minnesota law requires.
Compliance and enforcement
- What happens if my product is labeled “compostable” but isn’t certified?
Products that are labeled “compostable” but not certified are in violation of the law. Implementation is initially focused on education, outreach, and compliance assistance. However, the MPCA reserves the right to respond to any violations accordingly.
- Is there a grace period for products already in circulation before the certification deadline?
The law does not include a grace period. However, anyone who is not a manufacturer, distributor, or wholesaler will initially receive education regarding compliance with the new requirements before enforcement can happen.
- Can complaints be submitted for non-compliant products sold through e-commerce sites that ship into Minnesota?
Yes. The law prohibits selling non-compliant products in or into the state. While enforcement across state lines is complex, MPCA will do its best to act within its authority.
- If I sell an empty bag to a coffee company in another state, and they fill it with coffee and sell and ship filled bags to Minnesota, who is responsible for compliance?
The seller of the final product (in this example, the coffee company) is responsible, as they are the ones selling the item into Minnesota.