By Julie Trudel, Materials Reviewer and MC3 Program Coordinator
In an effort to reduce non-compostable plastics in the environment and landfills, compostable products and food packaging have become mainstream items. Some states have passed laws banning single-use plastic items and food packaging and have enacted policies to divert organic materials and compostable products from landfills.
A petition for rulemaking, submitted to the United States Department of Agriculture (USDA) on August 30, 2023, by the Biodegradable Products Institute (BPI), includes a request that the National Organic Program (NOP) update the program’s compost regulations to include a definition for “compost feedstocks,” which is not currently defined in the standards. BPI contends that the National Organic Program (NOP) regulations are outdated and that the rules were written prior to the development of compostable products that are now commercially available. They argue that allowing these products as compost feedstocks in organic production would be a positive step toward mitigating the climate crisis.
BPI requested that the proposed NOP definition include feedstocks that meet specific ASTM compostability standards (full text of BPI’s proposed amendments can be found in Attachment A of the petition). In response, the NOP requested that the National Organic Standards Board (NOSB) review and discuss the BPI petition as part of its Compost Production for Organic Agriculture work agenda and submit feedback or a recommendation to the NOP.
Compost, as defined in December 2000 in section §205.2 Terms defined of the NOP regulations, “is the product of a managed process through which microorganisms break down plant and animal materials into more available forms suitable for application to the soil.” The definition continues with a description of specific temperatures, times, and turnings of the compost pile, in addition to a carbon-to-nitrogen ratio of initial feedstocks that must be met. This is also specified in §205.203(c)(2) Soil fertility and crop nutrient practice standard and in other NOP guidance documents. In addition to a definition for “compost feedstocks,” BPI has requested that “plant and animal materials,” when used in the standards pertaining to compost, be replaced with “compost feedstocks,” which will, by their definition, include ASTM compostable materials.
In organic crop production, synthetic substances are not allowed unless they are included on the National List of Approved and Prohibited Substances. Synthetic is defined in §205.2 as “a substance that is formulated or manufactured by a chemical process or by a process that chemically changes a substance extracted from naturally occurring plant, animal, or mineral sources, except that such term shall not apply to substances created by naturally occurring biological processes.” Currently, the only synthetic substances allowed for use as compost feedstocks are found at §205.601(c): “newspaper or other recycled paper, without glossy or colored inks.” Compostable food packaging, sometimes referred to as bioplastic, is a synthetic product and is not listed as allowed in organic crop production.
In February of 2024, the NOSB subcommittee discussed the BPI petition, and at their public meeting in April in Milwaukie, Wisconsin, the full board weighed in on the discussion document included in the meeting materials. The NOSB has taken the opportunity from the petition process to broaden its review to include all feedstocks, as well as acceptable composting methods due to innovation from industry, and they are exploring whether to recommend more sweeping changes. Some questions have been raised regarding what organic stakeholders think about the BPI petition; whether ASTM standards should be the measurement referred to in a “compost feedstocks” definition; if there will be issues with traces of prohibited substances remaining; and more. MOFGA is opposed to the inclusion of synthetic compostable feedstocks being allowed in organic production and has raised concerns around unintended and long-term consequences of contamination, similar to that of per- and polyfluoroalkyl substances (PFAS) contamination.
– Julie Trudel, Materials Reviewer and MC3 Program Coordinator
This article was originally published in the fall 2024 issue of The Maine Organic Farmer & Gardener. Browse the archives for free content on organic agriculture and sustainable living practices. Subscribe to the publication by becoming a member!
