- The rule: Since January 1, 2026, Minnesota has required any bag, packaging, or food-service product labeled "compostable" to be certified by a qualifying nonprofit third party (Minn. Stat. § 325E.046). The law covers how these products are labeled and sold. It does not require anyone to use compostable products.
- Staying compliant: Meet ASTM D6400 or D6868, get certified by a qualifying nonprofit such as BPI, and clearly mark the product or its smallest sale unit as meant for a commercial or industrial compost facility. Skip terms such as "biodegradable," "degradable," or "decomposable" unless a matching ASTM standard exists and the item holds a certification to it. Do not suggest that the product breaks down in a landfill or the natural environment.
- If you don't comply: Manufacturers, distributors, and wholesalers, including out-of-state suppliers, cannot sell or offer a noncompliant product in Minnesota, and other sellers cannot do so knowingly. Civil or administrative penalties can reach $100 for each noncompliant prepackaged unit sold or offered, up to $5,000. The state can also seek a court order to stop further sales.
- Where REGENPLAST fits in: REGENPLAST supplies BPI-certified compostable bags, so buyers can source with certification records ready.
Minnesota first regulated compostable and biodegradable claims in 2009. At that time, the law applied only to plastic bags. The current version sits in Minnesota Statutes section 325E.046. A 2023 update extended it beyond plastic bags to cover packaging and food-service items too, and added a certification step that started this year.
The law applies to three groups of "covered products." The first is bags, such as produce bags and can liners. The second is food and beverage items, from cups, plates, and bowls to straws, utensils, lids, trays, and takeout containers. The third is packaging.
This is a labeling law, not a usage mandate. Stores and restaurants in Minnesota are not required to switch to compostable products. The law only applies once a product carries a "compostable" claim, or a claim that it will break down.
The rules took effect in two steps. From January 1, 2025, any covered product labeled "compostable" had to meet a recognized standard. For plastic bags and films, that standard is ASTM D6400. For paper and other substrates that use plastic or polymer coatings or additives, it is ASTM D6868. Plain wood or plain paper with no coatings or additives is exempt from this test.
The second step began on January 1, 2026. The 2025 requirements still apply: the product must meet the ASTM standard, and its label must reflect that. What changed is an added layer on top. A qualifying independent certifier must now confirm that the product meets the standard. The law sets three conditions for that certifier. It must be a nonprofit. Its main mission must be supporting products designed to break down in settings such as industrial composting. It must also have the technical ability to test products and be willing to do so. The law does not name a specific certifier, but MPCA, the state agency that enforces it, points to BPI as one certifier that satisfies all three conditions.
The label itself has two more requirements. It must show the ASTM standard the product meets, and MPCA notes that a mark from a qualifying certifier can satisfy this. The product, or its smallest unit of sale such as a case or box, must also clearly state that it belongs in a commercial or industrial compost facility. A certification mark does not replace this statement. Finally, words such as "biodegradable," "degradable," or "decomposable" are off limits unless an ASTM standard exists for that term and the item holds a certification to it. So is any hint that a product will break down in a landfill or the environment.
Responsibility sits with the supply chain. Manufacturers, distributors, and wholesalers are barred from selling, or offering to sell, a noncompliant product in Minnesota, and this includes companies shipping in from other states. Other sellers, such as retailers, may not knowingly sell one. A product counts as noncompliant if it uses a "compostable" claim without certification, leaves out the industrial composting statement, or carries a banned term such as "biodegradable."
The financial penalty is set per unit. Each prepackaged unit with a noncompliant label can bring a civil or administrative fine of $100, with a ceiling of $5,000. The count is not limited to units actually sold. Units that are only offered for sale can count as well. As an illustration, 30 noncompliant units could add up to $3,000, and 50 units would reach the $5,000 ceiling. A penalty is not the only risk. The state can also seek a court order that blocks further sales of the product.
Two state offices can act. The Minnesota Attorney General can sue for penalties or an injunction, or accept a formal written commitment from the seller to stop the violation. MPCA can enforce the law under its general enforcement authority in Minnesota Statutes sections 115.071 and 116.072, and it may coordinate with the state's commerce and health departments. MPCA can also ask a seller for records showing that a product complies, and the seller must provide them. In practice, a product that fails these checks may have to be relabeled or pulled from Minnesota shelves.
For buyers, the practical step is to ask suppliers for three things: the certificate for each specific product, a label or case marking that includes the industrial composting statement, and confirmation that no "biodegradable"-style wording appears anywhere on the packaging.
Enforcement is the first thing to watch. MPCA investigates complaints, and anyone can report a seller through the agency's online complaint form. With certification now required, products that carry a "compostable" label without one are the most likely to draw attention.
It is also worth remembering what the law does not do. It does not decide which compostable products a local compost site will accept. Each site follows its own permit, so end users should check with their county, city, or hauler.
REGENPLAST supplies compostable bags certified by BPI. For buyers serving Minnesota, that means the certification step is already covered. Labels and case markings should still be checked against the state's wording rules before each order.
[References]
Minnesota Office of the Revisor of Statutes, "325E.046 Compostable and Biodegradable Labeling" → Read the Source
Minnesota Pollution Control Agency, "Compostable product labeling" → Read the Source
BioCycle, "Minnesota Law Addresses Compostable Products And Packaging Labeling" (August 29, 2023) → Read the Source