National Organic Program Requirement for Compostability Label

This is part two of a three-part series addressing compostability.

California’s Extended Producer Responsibility (EPR) law, known as SB 54, has set an ambitious mandate for the year 2032: all single-use packaging and food service ware must be either recyclable or compostable. This legislation places the legal and financial responsibility on "Producers"—ranging from material suppliers to growers—to meet specific waste reduction and source reduction benchmarks. To navigate these requirements, businesses must look closely at how California distinguishes between standard marketing terms and legal definitions of compostability.

While composting is naturally the biological breakdown of organic matter into soil-enriching material, California uses AB 1201 to provide a strict legal criteria for labeling products as "compostable" – beyond the common ASTM Standard Specifications (D6400 and D6868) for industrial compostability that are the most commonly used to verify a product is compostable in other states.

AB 1201 imposes several requirements (e.g., limits organic fluorine content, labeling requirements); however, this article focuses on the requirement that products align with the United States Department of Agriculture’s National Organic Program (NOP). Originally slated for early 2026, the enforcement of this NOP requirement has been officially delayed until June 30, 2027, allowing more time for the industry to resolve technical and regulatory conflicts.

Under this NOP requirement, any packaging labeled "compostable" must be composed of materials approved as organic agricultural inputs. The goal is to ensure that when these products enter the municipal waste stream, the resulting compost remains safe for use on certified organic farms. This is a critical distinction because if a composting facility accepts materials that do not meet NOP standards—such as certain synthetic fibers or bio-plastics—the finished compost can lose its "organic" certification, which could decrease its value in the agricultural market.

The push for NOP alignment is largely driven by the need to bridge the gap between packaging waste and the high-value organic compost market. Many industrial composters currently reject certified compostable plastics (like PLA) because they can be a source of contamination and are not on the USDA’s "National List" of allowed synthetic substances. By requiring products to meet NOP standards, the law seeks to eliminate contamination and ensure that "compostable" items actually contribute to a profitable, environmentally beneficial end-product rather than becoming a liability for facilities.

However, this requirement faces significant pushback because the NOP was originally designed to regulate agricultural inputs like manure and crop scraps, not high-tech packaging. Critics argue that many safe, certified compostable bio-plastics are excluded simply because they fall under the "synthetic" category of an outdated federal list. This creates a bottleneck where products that function well in industrial composting environments are legally barred from being labeled as such in California, leading to ongoing discussion between packaging advocates and regulators.

While decoupling the NOP requirement from AB 1201 is still being discussed, the National Organic Standards Board (NOSB) has stated that in order for a “compostable” material to be added to the National List for the NOP, and therefore eligible to be labeled compostable under SB 54, Producers must petition the NOSB and show the specific material meets three requirements:

1. PFAS-Free Verification: You must provide third-party lab results (Total Organic Fluorine testing) showing levels below 100 ppm.

2. "Necessity" Argument: You must prove that the material is essential to the organic waste system (e.g., "Without this compostable collection bag, we cannot recover 40% of the food waste in this municipality").

3. Mineralization, not just disintegration: The NOSB is heavily favoring materials that don't just disintegrate, but mineralize without leaving microplastics. Passing ASTM D6400 or D6868 results showing the material turns to biomass, CO2, and water in a laboratory composting test, which are already required under AB 1201, should suffice.

   
   

Ultimately, understanding the NOP requirement is essential for any business developing an EPR compliance strategy. As the 2027 enforcement date approaches, producers must evaluate whether their packaging—especially items intended to carry food or yard waste—can realistically meet these evolving standards. While the legislation is still being refined, staying informed on these nuances is the only way to ensure that "compostable" claims remain legally valid and environmentally effective under California law.