As used in this part 8, unless the context otherwise
requires:
(1) ASTM 5988 means the ASTM International standard 5988 entitled
Standard Test Method for Determining Aerobic Biodegradation of Plastic Materials
in Soil, as that standard existed as of January 1, 2019.
(2) ASTM D6400 means the ASTM International standard D6400 entitled
Standard Specification for Labeling of Plastics Designed to be Aerobically
Composted in Municipal or Industrial Facilities, as that standard existed as of
January 1, 2019.
(3) ASTM D6868 means the ASTM International standard D6868 entitled
Standard Specification for Labeling of End Items that Incorporate Plastics and
Polymers as Coatings or Additives with Paper and Other Substrates Designed to be
Aerobically Composted in Municipal or Industrial Facilities, as that standard
existed as of January 1, 2019.
(4) ASTM International means ASTM International or any successor entity.
(5) Biodegradable mulch film means any film product used as a technical
tool in commercial farming applications that:
(a) Fulfills the plant growth and regulated metals requirements of ASTM
D6400; and
(b) Shows at least a ninety percent biodegradation absolute or relative to
microcrystalline cellulose over a period of less than two years according to ISO
17556 or ASTM 5988.
(6) Certified compostable means that a product has received certification
by a recognized, independent, third-party verification body that the product is
compostable.
(7) Commercial composting facility means any solid waste composting
facility regulated by the department that:
(a) Accepts a fee for solid waste composting; or
(b) Composts solid waste to create a compost or soil amendment and
distributes the finished compost or soil amendment off-site for a fee.
(8) Compostable means that a product is capable of undergoing aerobic
biological decomposition in a controlled composting system as demonstrated in
accordance with ASTM D6400 or ASTM D6868, as applicable.
(9) Department means the department of public health and environment
created in section 24-1-119.
(10) Federal trade commission guidelines means the federal trade
commission guides for the use of environmental marketing claims, codified in 16
CFR 260 et seq., as amended.
(11) Film product means a bag, sack, wrap, or other sheet film product that
is a single-use product made predominantly of plastic derived from natural gas,
petroleum, or a biologically based source, including corn and other plant sources.
(12) (a) Food service product means a product intended for one-time use
and that is used for food or drink that is offered for sale or use.
(b) Food service product includes containers, plates, bowls, cups, lids,
beverage containers, meat trays, deli rounds, utensils, sachets, straws, condiment
packaging, clamshells and other hinged or lidded containers, wraps, and portion
cups.
(13) ISO 17556 means the International Organization for Standardization
document entitled Plastics - Determination of the ultimate aerobic
biodegradability of plastic materials in soil by measuring the oxygen demand in a
respirometer or the amount of carbon dioxide evolved, as that document existed as
of January 1, 2019.
(14) Local government means a home rule or statutory county,
municipality, or city and county.
(15) Packaging means any material that is intended for single or short-term
use and is designed for the containment, protection, handling, or delivery of a
product.
(16) (a) Plastic product means a product made of plastic, whether alone or
in combination with another material, including paperboard.
(b) Plastic product includes:
(I) A product made of petrochemical or plant-based plastics;
(II) A package or packaging component;
(III) A film product; and
(IV) A food service product that is a plastic product.
(17) (a) Producer has the meaning set forth in section 25-17-703 (30).
(b) Producer does not include any person described in section 25-17-713
(1)(e) or (1)(f).
(18) (a) Product accessory means any standard or common components,
appurtenances, or accessories that are sold, offered for sale, or distributed with a
particular product.
(b) Product accessory includes lids, straws, and labels.
(19) Proprietary information has the meaning set forth in section 25-17-703
(34).
(20) (a) Small product means a product with a width of one-half inch or less
of printable surface space.
(b) Small product includes straws and utensils.
(21) Untreated wood means wood, including raw or kiln-dried wood, that is
unpainted and not treated with any chemicals intended to resist decomposition.
(22) (a) Utensil means a product designed to be used by a consumer to
facilitate the consumption of food or beverages.
(b) Utensil includes knives, forks, spoons, sporks, cocktail picks,
chopsticks, splash sticks, and stirrers.
(23) Wood means renewable wood or fiber-based substrate.