THE SENATE
S.B. NO.
551
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to compostable plastic packaging.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that compostable plastics are largely produced from polylactic acid (PLA) made from corn. In the United States, ninety-five per cent of corn is genetically modified, largely to withstand higher doses of herbicides like glyphosate, which causes cancer. Often used in contact with food, ninety-one per cent of PLA plastics tested have been found to leach synthetic estrogen compounds that can disrupt hormonal systems –- more than any other type of plastic, except for polycarbonates. Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS, have also been found in compostable plastics.
The legislature recognizes that disposing of compostable plastics is a challenge, as they are a contaminant when placed in recycling bins. Though the disposal of compostable plastics in incinerators results in air pollution, disposing compostable plastics in landfills could be worse than the disposal of non‑compostable plastics because they break down more readily, potentially producing greenhouse gases. The legislature notes that composting bins are often not available, and, when available, it is often unclear whether the compostable material collected is delivered to a commercial composting facility capable of processing the material.
Accordingly, the purpose of this Act is to:
(1) Establish certain requirements for the collection and disposal of single-use compostable plastic packaging or utensils for any food or beverages sold; and
(2) Require the department of health to report to the legislature before the regular sessions of 2026 through 2035.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"[Underlined: §342H- ] [Underlined: Single-use compostable plastic packaging or utensils for food or beverages; collection; delivery.] [Underlined: Beginning January 1, 2026, no person shall provide single-use compostable plastic packaging or utensils for any food or beverages sold in the State unless:]
[Underlined: (1)] [Underlined: One or more composting collection bins are prominently available to consumers in each room where the single-use compostable plastic packaging or utensils are provided; and]
[Underlined: (2)] [Underlined: The person delivers the collected single-use compostable plastic packaging or utensils, or contracts for the collection and delivery of the single-use compostable plastic packaging or utensils, to a properly permitted commercial composting facility that:]
[Underlined: (A)] [Underlined: Is capable of processing single-use compostable plastic; and ]
[Underlined: (B)] [Underlined: Certifies that the facility will accept the single-use compostable plastic packaging or utensils collected.]"[Underlined: ]
SECTION 3. The department of health shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than forty days prior to the convening of the regular sessions of 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, and 2035, on the sale and composting of single-use compostable plastics. The report shall include an inventory of business establishments and institutions in the State that provide single-use compostable plastic packaging or utensils for food or beverages sold, whether the establishments and institutions are in compliance with section 342H- , Hawaii Revised Statutes, and any information on enforcement actions necessary to ensure compliance with section 342H- , Hawaii Revised Statutes.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH; Single-Use Compostable Plastic Packaging or Utensils for Food or Beverages Sold; Composting Collection Bins; Collection and Disposal; Reports
Description:
Beginning 1/1/2026, requires persons that provide single-use compostable plastic packaging or utensils for any food or beverages sold in the State to have on-site composting collection bins and ensure the collection and delivery of disposed single-use compostable plastic packaging or utensils to certain commercial composting facilities under certain circumstances. Requires the Department of Health to report to the Legislature before the Regular Sessions of 2026 through 2035.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.