On this page
Alabama: sustainable packaging labelling
Alabama does not require a general resin-identification or recycling label. It does impose a precise warning whenever a rigid plastic container is labelled with compostable, biodegradable, degradable or similar language: the container must comply with the FTC Green Guides and carry “Not Recyclable, Do Not Recycle” with equal visual prominence.
Executive summary
Alabama’s rule is narrow in product scope but unusually exact in its artwork consequence. Section 22-27A-1 does not require every package to carry a sustainability label. Instead, it regulates a marketing choice. If a person distributes, sells or offers for sale a rigid plastic container, including a plastic beverage container, using the words degradable, biodegradable, compostable or another expression suggesting that the container will biodegrade, two conditions apply. The representation must comply with the Federal Trade Commission’s Green Guides, and the container must display the prescribed statement “Not Recyclable, Do Not Recycle.”
The visual-equivalence requirement is central. The warning must use the same colour, contrast, font and size as the biodegradation-related wording. A prominent compostable claim paired with a faint, smaller or differently styled warning is therefore not a faithful implementation. The provision has applied since 1 July 2015. It should be recorded as an in-force, claim-triggered package-marking rule, not as a voluntary labelling convention and not as a general ban on compostable packaging.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| General resin-identification code | not identified | No Alabama requirement was identified that compels ordinary plastic packaging to carry a 1-7 resin code. Federal or destination-state rules may still affect national artwork. |
| Biodegradation-related claim | restricted | A rigid plastic container may not be sold with degradable, biodegradable, compostable or similar language unless the claim complies with the FTC Green Guides. |
| Accompanying disposal warning | mandatory when triggered | The exact words “Not Recyclable, Do Not Recycle” must appear in the same colour, contrast, font and size as the biodegradation-related claim. |
| General environmental marketing | mandatory claims control | The FTC Act applies independently. Alabama’s special rule does not validate broader recyclable, recycled-content or sustainability claims. |
What triggers the Alabama rule
The trigger is the presentation of a rigid plastic container as capable of biodegradation. The statute expressly names degradable, biodegradable and compostable, then extends to any other word suggesting that the container will biodegrade. That residual language means an artwork review should examine the overall message rather than search only for three listed words. Closely related expressions, certification statements, explanatory text and product names can create the regulated suggestion even where the front panel avoids the exact statutory vocabulary.
The provision applies when a person distributes, sells or offers the container for sale in Alabama. It expressly includes plastic beverage containers. It does not establish a package registry, certification filing or Alabama-specific resin code. A business that makes no biodegradation-related representation does not owe the special warning under this section, although ordinary federal and state consumer-protection rules continue to apply to any other environmental statement.
Required wording and visual treatment
The required statement is fixed: Not Recyclable, Do Not Recycle. The statute does not merely require a disclaimer with equivalent meaning. It specifies the words and requires parity with the biodegradation claim in four respects: colour, contrast, font and size. Compliance should therefore be tested claim by claim. If the claim appears in several places or styles, the warning should be evaluated against each presentation rather than against the least prominent instance.
The rule creates an intentional tension between end-of-life messages. A compostability representation can cause consumers to infer that a plastic article belongs in recycling, particularly where the package also uses green imagery or loop-shaped symbols. Alabama resolves that risk by requiring a direct negative recycling instruction. A package carrying a recycling symbol alongside the required warning may still create a contradictory overall impression and should be reviewed under the FTC Act even if the literal Alabama wording is present.
Interaction with the FTC Green Guides
Alabama incorporates the Green Guides “as amended,” so federal guidance is not merely background material. The Guides require competent and reliable scientific evidence for compostable claims and qualification where appropriate composting facilities are not available to a substantial majority of consumers or communities where the item is sold. They also treat unqualified degradable claims as inappropriate for products customarily disposed of in landfill, incineration or recycling streams unless complete decomposition within the relevant period can be substantiated.
Satisfying a laboratory standard does not, by itself, answer every consumer-perception question. The business should document the claimed environment, test method, certification scope, time to decomposition, product-versus-package distinction and availability of a realistic disposal route. Alabama then adds its own warning even where the federal claim can otherwise be substantiated.
Who bears the obligation
The operative prohibition applies to any “person” that distributes, sells or offers the labelled container for sale. It is therefore unsafe to treat the converter as the only responsible actor. A brand owner may originate the claim, an importer may introduce the package into United States commerce, and a distributor or retailer may offer it in Alabama. Contractual allocation of artwork responsibilities can support compliance management, but it does not rewrite the statutory reach.
A practical evidence file should identify the party that approved the environmental representation, the scientific and market-access evidence supporting it, the final warning artwork, print specifications and the Alabama sales decision. Retail-ready proofs should preserve measured font size, colour values and contrast so that visual parity can be demonstrated after production.
Enforcement and practical use
Section 22-27A-1 states the sales prohibition but does not provide a self-contained penalty schedule on the face of the section. Enforcement exposure should therefore be assessed under the applicable Alabama enforcement and consumer-protection authorities rather than reported as a universal per-package fine. Federal enforcement remains independently available for deceptive claims.
For artwork approval, first determine whether the item is a rigid plastic container and whether any text or imagery suggests biodegradation. If yes, review the claim under 16 CFR Part 260, add the exact warning at equal visual prominence, remove contradictory recycling cues, and retain substantiation. If no such claim is made, record the Alabama special rule as not triggered rather than “complied with by omission.”
Primary sources and verification
Alabama Legislature. Act 2014-135, enacted from H.B. 375, establishing section 22-27A-1 and the 1 July 2015 effective date. Official legislative PDF
Alabama Legislature. Code of Alabama, Title 22, Chapter 27A. Official code portal
Federal Trade Commission. Green Guides, 16 CFR Part 260. Official guidance and regulatory text
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
The report separates the state’s claim-triggered warning from federal substantiation duties. Last verified: 21 August 2026.