Section 137.04. Degradability representations.

 

(1)  No person may represent, without qualification, that a product is degradable unless all of the following apply under customary conditions of use and disposal in the area where the product is sold:

(a) The product decomposes completely to the point that it is entirely broken down into soluble nutrients, minerals, inorganic compounds, simple organic compounds found in nature, carbon dioxide, methane or water, or any combination of those breakdown products.

(b) The product decomposes completely within a reasonably short period of time compatible with normal conditions of use or disposal of the product.

(c) The product's decomposition does not release any contaminant or substance at a level that violates state or federal environmental quality standards, or that is toxic to persons or the environment.

(2)  If a product does not meet all of the requirements under sub. (1) , no person may represent that the product is degradable unless the representation is qualified to the extent necessary to avoid consumer deception.

(3)  No person may misrepresent, directly or by implication, any of the following:

(a) That a product is degradable under customary conditions of use and disposal in the area where the product is sold. If a product is not degradable under customary conditions of use and disposal, the representation shall specify the conditions of use and disposal under which the product is degradable. If a specified disposal method is not available to a substantial majority of the population in the area where the product is sold, the representation shall clearly disclose that it may not be available.

(b) That a product is compostable in home composting piles or devices. If composting is specified as a method of disposal, the representation shall clearly indicate whether the product can be safely and effectively composted at home.

(c) The rate or extent to which a product will decompose under customary conditions of use and disposal in the area where the product is sold, or under specified conditions of use and disposal.

(4)  A label only used at wholesale by a manufacturer of connectors for beverage containers as defined in s. 134.77 (1) (b) , Stats., representing compliance with s. 134.77 (3) , Stats., to packagers of beverages as defined in s. 134.77 (1) (a) , Stats., does not constitute a representation, for purposes of this section, that a plastic beverage connector is degradable.

(5)  No person may represent that a product is degradable unless both of the following apply:

(a) The representation complies with s. ATCP 137.07 .

(b) The person can substantiate the representation under s. ATCP 137.08 .

History: Cr. Register, January, 1994, No. 457 , eff. 2-1-94; am. (4), Register, February, 1996, No. 482 , eff. 3-1-96.