New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS
Section 12.2.5.16 - DEGRADABLE, BIODEGRADABLE AND PHOTODEGRADABLE

Universal Citation: 12 NM Admin Code 12.2.5.16

Current through Register Vol. 35, No. 18, September 24, 2024

It is an unfair or deceptive act or practice to misrepresent, directly or by implication, that a product or package is degradable, biodegradable or photodegradable. An unqualified claim that a product or package is degradable, biodegradable or photodegradable must be substantiated by competent and reliable scientific evidence that the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature, within a reasonably short period of time after customary disposal. Claims of degradability, biodegradability or photodegradability must be qualified to the extent necessary to avoid consumer deception about:

A. the product's or package's ability to degrade in the environment where it is customarily disposed; and

B. the rate and extent of degradation.

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