CPCB issues clarification regarding distinction between biodegradable and compostable plastics; both terms cannot be used interchangeably

The Central Pollution Control Board (“CPCB”) has issued a clarification regarding distinction between Biodegradable and Compostable Plastics. CPCB clarifies that Biodegradable and Compostable Plastics are 2 separate terms and cannot be used interchangeably.

Background:
CPCB has noticed that the terms compostable plastics and biodegradable plastics are being misrepresented and misused certain stakeholders, including Manufacturers / Producers / Importers /Brand Owners, in product labelling, advertisements and marketing communications. Such practices are misleading and are not in conformity with the provisions of the Plastic Waste Management (PWM) Rules, 2016 (“Principal Rules”).

Key Highlights:

1. Manufacturers of compostable plastic or biodegradable plastic carry bags or commodities are required to obtain certification from the CPCB before marketing or sale.
2. Any marketing or sale of such carry bags or commodities without CPCB certificate constitutes a violation of Principal Rules.
3. CPCB has certified 371 manufacturers of compostable plastic carry bags and commodities. Further, no manufacturer of biodegradable plastic carry bags or commodities has been granted CPCB certification.
4. CPCB clarifies that compostable plastics are different from biodegradable plastics and the 2 terms not to be used interchangeably in product labels, advertisements or any other communication.
5. Further, CPCB clarifies that plastic packaging or commodities made from compostable plastics must comply with aforesaid provisions of obtaining certification and mandatory labelling.
6. CPCB draws attention to the labelling requirements prescribed under the Principal Rules.
7. In case any non-compliance is observed the same will be submitted to the concerned State Pollution Control Board/Pollution Control Committee (“SPCB/PCC”) along with the sample and complete details of the manufacturer of compostable plastics for appropriate action on the non-compliance by SPCB/PCC.