MftE compostable products publications May, 2024

Last week, the Ministry for the Environment released three significant reports on compostable packaging. This research, conducted in partnership with the University of Auckland, follows on from the Ministry’s position statement on compostable products published in 2022. Below are external links to access each report.

Ahead of discussing each publication it is important to understand the role of government policy in leading the nation towards a thriving post-petroleum plastic era. The Plastic Packaging Declaration and the Zero Carbon Bill are commitments that compostable products have a role in, reducing dependencies on petroleum-based plastics and supporting the recovery of food scraps for composting, reducing waste to landfill and the associated emissions.

Recycling plastic is not the answer. The February recycling reform was more than about standardising recycling across the country; it acknowledged that many plastics are not recyclable despite what we have been told. The plastic bans were referred to as the phasing out of ‘hard to recycle’ single-use plastics. At the same time, the low value of these materials continues to make onshore processing unviable, while overseas markets for these products remain volatile.

Not all bioplastics are 100% based on renewable materials and biodegradable

Banning plastic cutlery and straws forced businesses to transition to paper and wood products. Still, the packaging industry has a lot of freedom in what they can produce and distributors in what they can import, placing waste management costs on society. Products that are based on renewable materials and therefore not biodegradable look like certified compostable and 100% biodegradable packaging, which has created issues for composters who are not willing to accept certified compostable packaging due to contamination with fossil fuel plastics-based bioplastics. Until fossil fuel biobased and non-biodegradable plastics are phased out, it will remain challenging to convince composters to accept certified compostable packaging because of the costs associated with sorting to remove contaminating biobased materials.

Source: Philp, Jim. (2013). Policies for Bioplastics in the Context of a Bioeconomy. OECD Science, Technology and Industry Policy Papers. 10.10.1089/ind.2013.1612.

Last year, biobased and non-biodegradable bioplastics accounted for 47.9% of bioplastics produced globally. Because the origin of the feedstock for the production of a certified compostable product is irrelevant and instead, passing the relevant composting standard confirms only the properties of biodegradability and disintegration in the appropriate end-of-life environment, this leads to increased risk of contamination of plastic polymers and phthalates for example.

Around 16,000 identifiable chemicals are used in plastic. A quarter of them are classified as hazardous in some way, while almost 11,000 haven’t been assessed for safety at all. This Deep Dive into Plastic Monomers, Additives, and Processing Aids identified more than 10'000 relevant substances. They identified over 2'400 substances as substances of potential concern (meeting one or more of the persistence, bioaccumulation, and toxicity criteria in the European Union). Many of these substances are hardly studied; 1'327 substances are inadequately regulated in many parts of the world, and another 901 are not even approved for use in food-contact plastics. There is a need to regulate these chemicals and plastics more broadly if we are to ensure compostable packaging ends up composted.

A Guide for selecting compostable products

This guide provides practical guidance and considerations for selecting packaging for your business. It includes an overview of the materials used in manufacturing, the certifications, and your collection and processing by material. Also covered are Tikanga Māori considerations and words and terms to be aware of when communicating end-of-life accurately. You can get your hands on the guide at this link.

As businesses, it is our role to understand the issues surrounding packaging materials and how we can reduce demand for fossil fuel products. For some organisations with Mandatory climate related disclosures or ESG reporting requirements, removing fossil fuel plastics from your business will be necessary to reduce compliance risk. Page 3 of the Ministry guide provides the following decision tree.

Understanding the certifications

An overview of the various certifications is also provided. Certifications provide assurance that the product’s claims of biodegradability and compostability as per the Standards have been verified. It proves the product’s claims of biodegradability and compostability. To ensure you are paying for a certified compostable product, look for the following certifications.

Compostable Products in Aotearoa

Findings from this report include a summary of the chemical additives used in compostable products and their possible environmental impacts, focusing on soil health. The paper also discusses biodegradable bio-based plastics, noting that while marketed as compostable, these products degrade into micro and nanoplastics. BPA, per and polyfluroalykl substances and phthalates are also covered.

These findings highlight the need for the phasing out of bio-based, petrochemical based bioplastics and the regulation of compostable products and packaging more broadly to reduce public confusion while providing compost facilities with increased confidence to accept certified compostable materials. Download your copy of the report here.

Certification bodies' positions on PFAS

Packaging and disposable products containing PFAS are no longer certified compostable under the following programmes.

BPI Certification Scheme. States that organic fluorinated chemicals, such as per- and polyfluorinated substances (PFAS), cannot be present in formulas for BPI Certified. In effect January 1, 2020.
European Bioplastics. OK compost INDUSTRIAL (EN 13432) specifics that the total concentration of Fluorine in the product must not exceed 100ppm. To further limit the use of perfluorinated or fluorinated chemicals, each applicant must also sign a self-declaration that no PFAS (as defined by the OECD) is added to their products.
TÜV AUSTRIA. As specified in EN 13432, the total Fluorine concentration of the product must not exceed 100ppm. To further restrict the use of per-fluorinated or fluorinated chemicals, each applicant must sign a self declaration that no PFAS (as defined by the OECD) are added to their product. In place as of 2020 to align with BPI, aligning with EN13432.
Australian Standard AS 4736-2006. Is the harmonised EN 13432:2000 Standard linked to the European Directive on Packaging and Packaging Waste (94/62/EC), with an additional requirement of Earthworm toxicity testing. To be certified compostable to either Standard, Fluorine levels must be 100 ppm or less. In May 2021, the Australasian Bioplastics Association (ABA) introduced an application requirement for a declaration of “No Intentionally Added Substances” such as PFAS. Failure to sign closed the application. This declaration applied to renewals.

*Test methods do not specifically test for PFAS but Fluorine (F).

Additives in Compostable Products in Aotearoa

In 2023 the MftE commissioned the University of Auckland to undertake research into additives in compostable products and their impact on soils. This paper provides some understanding of the additives used, testing ten products for common contaminants, including PFAS, heavy metals, polystyrene, phthalates and bisphenol (BPA). Product selection was limited, yet interestingly, results found that the standard pizza box, accepted in kerbside collections as per the February reforms, tested positive for all contaminants.

Most concerning was the fibre tray tested, which was not certified compostable. It was declared PFAS intentionally yet displayed a ‘please compost’ label. This product unsurprisingly tested positive for PFAS. The insights shared in this paper highlight the urgent need for regulation of packaging materials.

Opportunities

The additives paper concludes with four key areas that present opportunities for developing frameworks that progress landfill diversion of organic waste (for organics recycling, composting) and further reducing waste emissions. Regulating materials and products in coordination with public communications and collaboration between packaging brands, retailers, and composters will be key to achieving the transition to circular economies, achieving key targets such as Net Zero by 2050 and the Plastic Packaging Declaration.

Regulatory Tools

The paper states that the regulatory space lacks clarity, particularly regarding oversight of chemicals like PFAS in manufactured products in compostable packaging. However, the reality is that PFAS are in almost everything, and the government has only committed to banning PFAS in cosmetic products since 2027.

Rather Aotearoa, New Zealand could look to reduce public exposure to these chemicals in a broader sense to protect public and environmental health. California for example from 2025 has moved to regulate PFAS in textiles. Manufacturers will be required to use alternatives with lower toxicity levels and provide retailers with compliance certificates.

Generally, a move to reduce the impacts of packaging more broadly should be pursued. This would address issues of contamination by banning problematic fragmentable single-use plastic products, such as PE-lined coffee cups and PE-clear cups. This approach to managing packaging and packaging materials (including chemicals) would require a nationwide uniform approach.

The compostable Standards framework has no legislative power. If a product claims compostability, it requires certification and would be banned without documentation. The Commerce Commission is not sufficient to manage claims; rather, single-use plastic bans must be more thorough. Robust certification compliance will provide assurance to the public and composters that all materials on the market are tested to the Standards.

Composting Facilities

The report concludes that the low acceptance of compostable products at facilities is a combination of technical barriers, lack of transparency about the composition of products to be composted, and limited access to suitable facilities. All of which is true.

Increasing acceptance at facilities requires confidence from composters that the inputs are safe and will not negatively impact the quality of compost products. At scale this will not be posible until as above, petrochemical bio-based plastics are phased out so that facilities do not have to manually sort compostable packaging from non-compostable packaging. Removing fossil fuel biodegradable products in market will allow for collections to be undertaken that minimise public confusion, effectively minimising industry ‘greenwashing’.

Compost Quality

Noted is the lack of standardised testing for additives in compost, which is clearly of concern. Composting (organics recycling) infrastructure needs to include contaminant management to produce quality output products for which there are markets. Packaging materials are not the only inputs requiring scrutiny. Weed killers are, too. Clopyralid was detected in composts in 2021 and, prior to this, in 2014. There is no requirement for compost manufacturers to test their products. In 2005, a compost standard was developed by the industry, and self-regulating the standard remains voluntary and doesn’t specify limits for clopyralid.

The Australian Standard for composts, soil conditioners and mulches (AS 4454 – 2012) is the benchmark standard for compost quality in Australia. Where composts are processed to meet or exceed the standard, the likelihood of residual material derived from compostable products is minimised or avoided.

Gaps between processing times within certified compost standards and current real-world commercial operating times must be addressed. APCO stated that following an appropriate composting cycle, there should be no certified compostable plastic in the compost being applied to the land. This is also confirmed by the Scion testing carried out in collaboration with WasteMINZ.

Australia has the Compost Order 2016, which specifies allowed inputs to the process, and the Compost Exemption 2016, which specifies the maximum levels of plastics in compost being applied to land. The Order is up for review. APCO notes that the level of ‘plastics’ in compost does not refer specifically to compostable plastic packaging, which limits these products from acceptance as an input waste stream to composting facilities (small amounts of incidental compostable plastic with the incoming food waste is accepted, provided the final compost complies with the Exemption conditions). The Order and Exemption in coordination with the Standard for composts is a minimum to achieve more widespread acceptance of compostable products and infrastructure growth.

Communication and Certification

‘Mandating certification and labelling following Australian or European standards could address the lack of knowledge and clarity.’ The paper acknowledges that ‘there is an urgent need to improve consumer education, reduce greenwashing, and create incentives to support consumers' behavioural changes.’ These were all noted in the 2019 report, Rethinking Plastics in Aotearoa, New Zealand.

Regulating materials (and chemicals) and products to compostable standards and creating a Standard for composts and a framework for minimising input risk will be the starting point for increasing acceptance of compostable materials. At first, in closed-loop settings. Once the government has banned degradable plastics, we can greenwashing and contamination, minimising public confusion over materials and disposal. It is possible to compost at scale but only with regulation, which will require collaboration between policymakers, the compostable industry, composters and other key stakeholders.

To engage in the conversation, head over to this post on LinkedIn.

Is your business using fossil-fuel plastics? Are you ready to join the future of convenience? Get in touch by emailing hello@ecoware.co.nz to discuss your packaging needs and discover our product solutions.

By Tracey Creed