Conformity assessment for biodegradability

(1) The Department may require that a conformity assessment for determination of the biodegradability of a restricted product is conducted at a testing facility approved by the Department, if– (a) the restricted product is classified as commercially biodegradable plastic; (b) it is the first time importation of the restricted (c) the product does not have an accepted third- party certification or the certification is older than five years; or (d) the Department deems it necessary to ensure that the product complies with national standards and is a commercially biodegradable plastic that is made of material that is biodegradable, or compostable, or degradable. (2) Notwithstanding subregulation (1), the Department may randomly conduct conformity assessments to determine the biodegradability and bio-based content of the restricted product. (3) The importer or manufacturer of a restricted product shall bear the cost of conducting any conformity assessment to determine biodegradability and bio-based content under subregulation (1) and (2).