New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS
Section 12.2.5.17 - COMPOSTABLE
Current through Register Vol. 35, No. 18, September 24, 2024
A. It is an unfair or deceptive trade practice to misrepresent, directly or by implication, that a product or package is compostable.
B. It is an unfair or deceptive trade practice to make an unqualified claim that a product or package is compostable unless the claim is substantiated by competent and reliable scientific evidence that all the materials in the product or package will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner in an appropriate composting program or facility, or in a home compost pile or device.
C. Claims of compostability must be qualified to the extent necessary to avoid consumer deception. An unqualified claim may be deceptive if: