BPM055778 - Environmentally Sustainable Food Service Ware Products RFI (2).pdf

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Environmentally Sustainable Food Service Ware Products - Request for Information
Solicitation number
BPM055778
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Maryland

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This is a Request for Information (RFI) issued by the Office of State Procurement (OSP) within the Department of General Services (DGS) for the State of Maryland regarding environmentally sustainable food service ware products. The RFI, numbered BPM055778, was issued on March 10, 2026, with a deadline for questions on March 23, 2026, at 2:00 pm local time and a closing date of March 30, 2026, at 2:00 pm local time for responses submitted via eMarylandMarketplace Advantage. The procurement seeks information from vendors capable of supplying 18 categories of compostable, recyclable, and recycled material food service ware products including bowls, clamshell containers, cloth towels, containers, cup lids, cups, food coverings, food service gloves, storage bags, waste bags, napkins, paper bags, plates, straws, towels, trays, utensils, and wraps that comply with Maryland Green Purchasing Committee specifications. DGS intends to issue a subsequent multiple award, fixed-price, indefinite delivery, indefinite quantity contract anticipated to commence in the third quarter of 2026 for multiple years with potential renewal options. The RFI explicitly states that this is market research only and does not constitute a commitment to issue a solicitation, award a contract, or pay costs associated with responding.

The RFI emphasizes socioeconomic inclusion opportunities for Minority Business Enterprises (MBEs), Small Business Reserve (SBR) participants, and Veteran-Owned Small Businesses (VSBEs). Respondents must address their capability to provide products meeting environmental standards including reusable, compostable, recycled content, PVC-free, and sustainably harvested materials, along with appropriate third-party certifications. Products must comply with Maryland Environmental Articles prohibiting expanded polystyrene, intentionally added PFAS, and heavy metals in packaging components exceeding specified thresholds. Contractors must demonstrate in-house or subcontracted delivery capability throughout Maryland and commit to quarterly reporting on green sales data using a standardized state template. The RFI requests detailed responses structured in Microsoft Word, 11-point Times New Roman font, limited to three pages, including contractor contact information, capability statements addressing geographic coverage, prior relevant project experience from the past five years, and responses addressing specification constraints, subcontracting opportunities for socioeconomic participation, MBE/VSBE goals by region or county, and SBR designation considerations.

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OFFICE OF STATE PROCUREMENT (OSP)

DEPARTMENT OF GENERAL SERVICES (DGS)

REQUEST FOR INFORMATION (RFI)

RFI NUMBER: BPM055778

Issue Date: March 10, 2026

STATEWIDE

ENVIROMENTALLY SUSTAINABLE FOOD SERVICE WARE

PRODUCTS

STATE OF MARYLAND

Office of State Procurement

RFI KEY INFORMATION SUMMARY SHEET

Request for Information: Environmentally Sustainable Food Service Ware Products

Solicitation Number: BPM055778

RFI Issue Date: March 10, 2026

RFI Issuing Office: Office of State Procurement

Procurement Officer: Matthew Smith

301 W. Preston St., M-4

Baltimore, MD 21201

Phone: 410-767-3039 e-mail: Matthew.Smith2@maryland.gov

Deadline for Questions: March 23, 2026 2:00 pm Local Time

To be submitted through eMMA

Closing Date and Time: March 30, 2026 2:00 pm Local Time

Responses are to be submitted online only at eMarylandMarketplace Advantage emma.maryland.gov mailto:Matthew.Smith2@maryland.gov

CONTENTS OF THIS SOLICITATION PACKAGE

Section A General Information

Attachment 1 Response

Attachment 2 MD Green Purchasing Committee Approved Specifications

SECTION A

GENERAL INFORMATION

REQUEST FOR INFORMATION

BPM055778

A. OBJECTIVE:

a) The purpose of this Request For Information (RFI), which is not a solicitation to procure, is a means of conducting market research to identify capable parties having an interest in a potential Statewide procurement for the supply of Compostable, Recyclable and Recycled Material Food Service Ware Products

(Environmentally Sustainable Food Service Ware Products.) The intent of this RFI is to gather information on potential Contractor’s to provide the specified food service ware throughout the State of Maryland which adhere to the Maryland Green Purchasing Committee’s specifications.

b) It is also the intent of this RFI to identify potential socioeconomic inclusion of Minority Business Enterprises

(MBE), including, but not limited to Small Business Reserve (SBR) and Veteran-Owned Small Businesses

(VSBE.)

c) The requirements stated in this RFI may not accurately reflect that which may be contained in a Request for

Proposal, Invitation for Bid, Purchase Order RFP, Task Order RFP or other procurement vehicle. This issuance does not constitute a commitment to issue a request for bids, award a contract, or pay any costs incurred in preparation of a response to this request. Furthermore, Department of General Services (DGS) requires that all responding vendors abstain from providing any quotes or bids in response to this RFI.

d) Any information received in response to this RFI will assist DGS in collecting information which may be used at a future date for a solicitation. A submission in response to this RFI does not guarantee that the respondent will be included in any subsequent procurement. Likewise, a non-submission in response to this

RFI does not preclude a recipient or vendor from inclusion in any future procurement.

e) As part of DGS's efforts to gather this information, DGS may schedule information sessions as it determines necessary with participants or others. The purpose of these sessions is strictly information gathering. This is not a procurement activity and will not result in an evaluation or a purchase.

f) DGS intends on subsequently soliciting and awarding a multiple award Fixed Price, Indefinite Delivery, Indefinite Quantity Contract for Compostable, Recyclable and Recycled Material Food Service Ware

Products to be supplied and delivered to various agencies and jurisdictions within the State of Maryland. The term of the contract is anticipated to commence the Third Quarter of 2026. It is anticipated that the contract will be for multiple years and potentially contain renewal options.

B. BACKGROUND

a) The intent of this RFI is to gauge the potential opportunities for MBE/SBR/VSBE participation in regard to a future solicitation for an indefinite delivery indefinite quantity supply of Compostable, Recyclable and

Recycled Material Food Service Ware Products throughout the State of Maryland.

b) Any solicitation resulting from this RFI shall require, but is not limited to, the awarded contractor to deliver and provide the specified food service ware which meet or exceed the specifications as pursuant to the

Maryland Green Purchasing Committee.

d) Contractor shall be familiar with, responsible for and adhere to any State of Maryland Environmental

Articles.

e) At a minimum potential vendors shall provide the following products which meet the State criteria of being either Reusable, Compostable, contain Recycled Content, free from Polyvinyl Chloride and/or contain sustainably harvested content and/or other environmental attributes per the State of Maryland Environmental

Articles:

1. Bowls

2. Clamshell Containers

3. Cloth Towels

4. Containers

5. Cup Lids

6. Cups

7. Food Coverings

8. Food Service Gloves

9. Food Service Storage Bags

10. Food Waste Bags

11. Napkins

12. Paper Bags

13. Plates

14. Straws

15. Towels

16. Trays

17. Utensils

18. Wraps

C. INSTRUCTIONS

a) This information is for internal planning purposes only. Responses will not be used to evaluate firms.

b) In order to facilitate an expedited review and response period, DGS requests that vendors structure their responses to match the order and number sequence provided below. Wherever possible, please duplicate the tables shown. Responses in Microsoft Word, 11pt font, Times New Roman are strongly preferred. The page limit for this response is three (3) pages.

c) Respondents should give specific attention to the identification of those portions of its response which it considers confidential, proprietary, commercial information, or trade secrets, and provide justification why such materials, upon request, should not be disclosed by the State under the Public Information Act, Title 4 of the

General Provisions of the Annotated Code of Maryland. Respondents are advised that, upon request for this information from a third party, the Procurement Officer will be required to make an independent determination regarding whether the information may be disclosed.

d) Responses are to be submitted via eMaryland Marketplace Advantage no later than April 6, 2026 2:00 pm

Eastern Time. While this date is the cutoff for submissions, it is preferred Contractors submit their information as soon as completed and not wait until the deadline. Submission prior to the deadline will assist the State in expediting the review process.

REQUEST FOR INFORMATION

BPM053443

ATTACHMENT 1 - RESPONSE

A) Contractor Contact Information:

Company Name

Address

Email Address

Website Address

Telephone Number

Authorized Representative: (Name, Phone and email) responsible to disseminate requested information.

Satellite/Branch Office Locations

B) General Questions – Environmentally Sustainable Food Service Ware Products

a. Can your firm provide any of the following environmentally sustainable products? If so, which one(s) and which are you not able to provide?

i. Reusable

ii. Compostable

iii. Recycled Content

iv. Polyvinyl Chloride (PVS) Free

v. Sustainably Harvested Content and/or Other Environmental Attributes

b. If your firm can provide any of the above items, are you able to provide certification the products meet or exceed the specifications?

c. Does your firm provide only the environmentally sustainable products as listed above or do you provide additional “standard” food service ware, (i.e. plastic; glass; etc.)?

d. Does your firm have in-house delivery services or are they subcontracted? Are you able to deliver throughout the State of Maryland and if so, is that also in-house delivery or subcontracted out?

C) Socioeconomic Information: MBE/VSBE/SBR:

MBE

VSBE

SBR:

a. Please provide tailored capability statements addressing the particulars of this effort, with appropriate documentation supporting claims of organizational and staff capability within the counties you indicated above. If there is a particular task outlined in the Statement of Work that hinders you from being able to cover a geographic region of the State, please provide this information in your statement.

b. Please provide prior experience on projects of similar scope and magnitude. Describe no more than three (3) projects relating to the work areas outlined in the attached specifications that have been completed within the past five (5) years.

Project Examples Project 1 Project 2 Project 3

Project Title

Firm(s) performing the work

Location

Dollar Value of the

Contract

Contract Type

Performance based

(Yes or No)

Business owner for which the work was performed, with a reference and contact information

General description of work to demonstrate relevance to the

SOW

Tasks self-performed

Tasks that were subcontracted

D) General Questions – Socioeconomic Information

a. Is there anything unduly restrictive about the draft specifications that would prevent your company from being able to compete?

b. What part of this requirement do you believe could be subcontracted out to increase MBE/VSBE participation (and why)?

c. What do you believe MBE/VSBE goals should be for this requirement, by region/county (and why?

i. As the prime, how would you go about subcontracting this work or breaking it up to achieve these goals?

d. Are there any regions/counties that you believe can be designated as SBR (and why?)

e. Are there any other items you believe that DGS should consider before finalizing the specifications and soliciting?

THIS IS THE END OF THE REQUEST FOR INFORMATION

Maryland Green Purchasing Committee Approved Specification Food Service Supplies Revised 8/2023

Maryland Green Purchasing Committee Approved Specification – Food Service Supplies Revised. 08/2023

TABLE OF CONTENTS

SECTION I. MINIMUM REQUIREMENTS

A. PRODUCTS COVERED UNDER THIS SPECIFICATION

B. PROHIBITED PRODUCTS

SECTION II. RECOMMENDATIONS

A. FOOD SERVICE SUPPLIES, PRODUCT RECOMMENDATIONS

B. MATERIAL COMPOSITION

C. CHEMICALS OF CONCERN

D. FOOD SERVICE SUPPLIES, SHIPPING RECOMMENDATIONS

SECTION III. SUBMITTAL REQUIREMENTS

A. BID/PROPOSAL SUBMISSION

B. REFERENCES

SECTION IV. ENVIRONMENTALLY PREFERABLE PURCHASING LANGUAGE

A. ENVIRONMENTALLY PREFERABLE PURCHASING

B. MARYLAND’S GREEN PURCHASING REPORTING REQUIREMENTS

C. ENVIRONMENTAL CLAIMS

SECTION V. LEGISLATION, STATUES, AND REGULATIONS

A. FOR PROCUREMENT OFFICERS AND AGENCIES

B. FOR CONTRACTORS, BIDDERS, AND OFFERORS

3 Page 2

SECTION I. MINIMUM REQUIREMENTS

A. PRODUCTS COVERED UNDER THIS SPECIFICATION

1. Bowls

2. Clamshells

3. Cloth Towels

4. Containers

5. Cup Lids

6. Cups

7. Food Coverings

8. Food Service Gloves

9. Food Storage Bags

10. Food Waste Bags

11. Napkins

12. Paper Bags

13. Plates

14. Straws

15. Towels

16. Trays

17. Utensils

18. Wraps

B. PROHIBITED PRODUCTS

1. Pursuant to Environment Article, §§9–1901–1907, the Contractor is prohibited from selling or offering any package or packaging components (e.g. inks, dyes, pigments, adhesives, or any other additives) with lead, cadmium, mercury or hexavalent chromium at concentration levels exceeding 100 parts per million by weight or 0.01%.

2. Pursuant to Environment Article, §§6–1201–1204, certain products containing more than one-tenth of 1% of pentaBDE, pentabrominated diphenyl ether), octaBDE (octabrominated diphenyl), or decaBDE (decabrominated diphenyl ether) by mass are prohibited.

3. Pursuant to COMAR 21.11.07.07, all procurement agencies shall give a preference to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.

4. Pursuant to § 9-2203(B) of the Environment Article of the Annotated Code of Maryland, the sale or provision of expanded polystyrene food service products by a food service business or school is banned in the State of Maryland.

5. Pursuant to § 9-1902(d) of the Environment Article of the Annotated Code of Maryland, food or food packaging component with intentionally added PFAS is prohibited.

END OF SECTION I.

https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1901&enactments=false https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=6-1201&enactments=false https://dsd.maryland.gov/regulations/Pages/21.11.07.07.aspx

3 Page 3

SECTION II. RECOMMENDATIONS

A. FOOD SERVICE SUPPLIES, PRODUCT RECOMMENDATIONS

1. For a product to be classified as an environmentally preferable product by the State of Maryland, it must:

a. Fall within one of the five categories listed in Section B. Material Composition and comply with the related requirements, AND

b. If applicable, comply with the requirements listed in Section C. Chemicals of Concern.

B. MATERIAL COMPOSITION

1. Reusable

a. All food service supplies, including plates, bowls, cups, trays, glasses, straws, stirrers, and utensils, must meet the following criteria in order to be considered an environmentally preferable product:

i. Be manufactured of durable materials;

ii. Be specifically designed and manufacturers to be washed and sanitized and intended to be used repeatedly at least 1,000 times; and

iii. Be safe for commercial washing and sanitizing according to Maryland Department of

Health regulations (COMAR 10.15.03.16).

2. Compostable

a. Food service supplies, except paper napkins and paper towels, must meet the following criteria in order to be considered an environmentally preferable compostable product:

i. Be certified by the Biodegradable Products Institute (BPI), or equivalent*, for commercial composability.

*BPI is the primary commercial composability certifier in the United States. Other equivalent international certifiers include Vincotte OK Compost and DIN CERTCO.

OR

ii. Appear on the Compost Manufacturers Alliance list or are certified compostable under Canda’s Bureau de Normalisation du Quebec or appear on Cedar Grove’s accepted items list and have no ore than 100 parts per million fluorine.

3. Recycled Content

a. Food service supplies must meet the following minimum requirements in order to be considered an environmentally preferable recycled-content product:

i. Fiber-based products (e.g. paper, sugarcane, wheat straw, etc.), excluding paper towels:

1. Must contain minimum 20% post-consumer recycled content or 100% total recycled content.

ii. Plastic products:

1. Must contain minimum 20% post-consumer recycled content or 100% total recycled content.

iii. Aluminum foil must:

1. Contain 100% total recycled content.

4. Polyvinyl Chloride (PVC) Free

a. Food service supplies, including gloves, must be free of polyvinyl chloride (PVC).

5. Contain Sustainably Harvested Content and/or Other Environmental Attributes

a. Food service supplies must meet the following criteria for sustainably harvested content or possess one of the ecolabel certifications listed below in order to be considered an environmentally preferable product:

i. Paper, wood or agricultural fiber certified by the Forest Stewardship Council (FSC) as sustainably harvested;

ii. Paper or agricultural fiber products manufactured entirely with chlorine-free processing, meaning that no chlorine or chlorine compounds were used in the manufacture of the products; or

iii. Paper napkins and paper towels that are Green Seal or UL ECOLOGO certified.

3 Page 4

C. CHEMICALS OF CONCERN

1. In addition to meeting Maryland’s Toxics in Packaging Law cited below, food service supplies, that fall within one of the categories listed below, must meet the following criteria in order to be considered an environmentally preferable product:

a. Food service containers and wrappers:

(1) Must not contain any intentionally added perfluorinated chemicals, formaldehyde, bisphenols (e.g. BPA) and phthalates.

D. FOOD SERVICE SUPPLIES, SHIPPING RECOMMENDATIONS

1. To promote fuel efficiency and reduce greenhouse gases and air pollution, the Contractor is encouraged to use a SmartWay Transport/Carrier Partner for the shipment or transport of products.

A list of SmartWay Transport partners can be found here: https://www.epa.gov/smartway/smartway-partner-list.

END OF SECTION II.

https://www.epa.gov/smartway/smartway-partner-list https://www.epa.gov/smartway/smartway-partner-list

3 Page 5

SECTION III. SUBMITTAL REQUIREMENTS

A. BID/PROPOSAL SUBMISSION

Bidders/Offerors shall provide the following documents with their response:

1. Proof of applicable required certifications listed in Section I, or applicable recommended certifications listed in Section II.

a. This may include:

(1) link to the certifier’s website,

(2) the UL SPOT website,

(3) the Ecomedes website, or

(4) the SASD website.

2. Description of applicable sustainable practices related to the products or services provided.

B. REFERENCES

A bidder or offeror shall include the sustainable practices it employed during the contract period for each listed reference.

END OF SECTION III.

https://spot.ul.com/ https://products.ecomedes.com/ https://spl.mendixcloud.com/index.html

3 Page 6

SECTION IV. ENVIRONMENTALLY PREFERABLE PURCHASING LANGUAGE

A. ENVIRONMENTALLY PREFERABLE PURCHASING

The State of Maryland is committed to purchasing environmentally preferable products and services (EPPs).

Maryland’s State Finance & Procurement Article §14-410 defines environmentally preferable purchasing as “the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or services that serve the same purpose.”

Accordingly, Bidders/Offerors are strongly encouraged to offer EPPs to fulfill this contract, to the greatest extent practicable.

B. MARYLAND’S GREEN PURCHASING REPORTING REQUIREMENTS

The Contractor shall submit quarterly sales data to the State over the life of this contract. This information must include details about the recycled content, third-party sustainability certifications, and other environmental attributes of products and services provided under the contract.

To facilitate consistent reporting, the Contractor must use a standardized Vendor Green Sales Report template for the quarterly reporting, which the state will provide.

By submitting a response to this solicitation, the Bidder/Offeror acknowledges a commitment to submitting the quarterly Vendor Green Sales Report to the State. Any vendor who fails to submit the quarterly report may be out of compliance and, therefore, may receive a cure notice from the Procurement Officer.

C. ENVIRONMENTAL CLAIMS

All environmental benefit claims made by the Contractor concerning products or services offered on this contract must be consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims.

END OF SECTION IV.

https://www.ftc.gov/legal-library/browse/federal-register-notices/guides-use-environmental-marketing-claims-green-guides https://www.ftc.gov/legal-library/browse/federal-register-notices/guides-use-environmental-marketing-claims-green-guides

3 Page 7

SECTION V. LEGISLATION, STATUES, AND REGULATIONS

A. FOR PROCUREMENT OFFICERS AND AGENCIES

1. Environmentally Preferable Purchasing (COMAR 21.11.07.09) “All procurement agencies shall purchase environmentally preferable products and services unless purchasing environmentally preferable products and services would limit or supersede any requirements under any provision of law or result in the purchase of products and services that:

(1) Do not perform adequately for the intended use;

(2) Exclude adequate competition; or

(3) Are not available at a reasonable price in a reasonable period of time.”

2. Mercury and Products that Contain Mercury (COMAR 21.11.07.07) “All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially available, the procurement agency shall give preference under this regulation to products containing the least amount of mercury necessary to meet performance requirements.”

B. FOR CONTRACTORS, BIDDERS, AND OFFERORS

1. Verifying Environmental Claims (State Finance and Procurement Article §14–410(g)) “A bidder or offeror for a procurement contract shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marketing Terms.”

2. Limitations and Prohibitions on Heavy Metals in Packaging (Environment Article §9–1902(a)- (d)) “(a) Except as provided in § 9-1903 and § 9-1904 of this subtitle, on or after July 1, 1993, a manufacturer or distributor may not sell or offer for sale or for promotional purposes any package or packaging component or any product in a package or packaging component to which any of the following was intentionally added during manufacture or distribution:

1) Lead;

2) Cadmium;

3) Mercury; or

4) Hexavalent chromium…”

3. Limitations on Hazardous Substances (Environment Article, §§ 6–1202-1202.1)

A person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether) or octaBDE (octabrominated diphenyl) by mass.

A person may not manufacture, lease, sell or distribute for sale or lease in the State electrical or electronic equipment that contain more than one-tenth of 1% of decaBDE (decabrominated diphenyl ether) by mass.

4. Shipping/Transport Requirements and Recommendations Idling Law (Transportation Article

§22-402(c)(3)) “A motor vehicle engine may not be allowed to operate for more than 5 consecutive minutes when the vehicle is not in motion, except as follows:

i. When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;

ii. When it is necessary to operate heating and cooling or auxiliary equipment installed on the https://dsd.maryland.gov/regulations/Pages/21.11.07.09.aspx https://dsd.maryland.gov/regulations/Pages/21.11.07.07.aspx http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf&section=14-410&enactments=False&archived=False http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsf&section=14-410&enactments=False&archived=False http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1902&enactments=False&archived=False http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-1902&enactments=False&archived=False https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=6-1202&enactments=False&archived=False https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=22-402&enactments=false

3 Page 8 vehicle;

iii. To bring the vehicle to the manufacturer's recommended operating temperature; or

iv. When it is necessary to accomplish the intended use of the vehicle.”

5. Expanded Polystyrene Food Service Products – Prohibitions (Environment Article §9-2203)

(a) “On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product.”

(b) “On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product.”

6. Standards for Plastic Ware (Environment Article §9-2102)

(a) “Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product will break down, fragment, biodegrade, or decompose in a landfill or any other environment.

(b) On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:

(1) For a plastic product labeled as compostable, the plastic product shall meet:

(i) 1. The ASTM D6400 standard specification; or 2. The ASTM D6868 standard specification; and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(2) For a plastic product labeled as home compostable, the plastic product shall meet:

(i) The OK Compost Home certification standard adopted by Vincotte; and

(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.

(c) On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:

(1) (i) Meets the OK Biodegradable Soil certification standard adopted by Vincotte; or

(ii) At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less than 2 years’ - 963 - time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test method; and

(1) Fulfills the plant growth and regulated metals requirements under section 6.4 of the ASTM D6400 standard specification.”.

7. Labeling Standards for Compostable Plastic Bags (Environment Article §9-2103)

(a) “Subject to § 9–2102(b) of this subtitle and subsection (b) of this section, on and after October 1, 2018, a person that distributes or sells a compostable plastic bag intended for sale or distribution by a retailer in the State shall ensure that the compostable plastic bag is:

(1) Labeled in a manner that is readily and easily identifiable from other plastic bags;

(2) Labeled in a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims;

(3) Labeled with a certification logo indicating the bag meets the ASTM D6400 standard specification; and

(4) (i) A uniform color of green and labeled with the word “COMPOSTABLE” in at least a 1 inch font on one side of the bag;

(ii) Labeled in green writing with the word “COMPOSTABLE” in at least a 1 inch font on both sides of the bag; or

(iii) Labeled with the word “COMPOSTABLE” in at least a one–half inch font on both sides of bag within a green color band that:

1. Contrasts with the compostable bag’s background color; and

2. Is at least 1 inch in height.

http://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gen&section=9-2203&enactments=false

3 Page 9

(b) If a compostable plastic bag is smaller than 14 inches by 14 inches, the compostable bag may be labeled in a manner that is in proportion to the size of the bag.

(c) A compostable plastic bag sold or distributed in the State may not be labeled as recyclable.

(d) A provision of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.”

8. Labeling Standards for Compostable Food Service Ware (Environment Article §9-2104)

(a) Subject to § 9–2102(b) of this subtitle, on and after October 1, 2018, a person that distributes or sells a compostable food or beverage product intended for sale or distribution by a retailer in the State shall ensure that the compostable food or beverage product is labeled:

(1) In a manner that is readily and easily identifiable from other food or beverage products;

(2) In a manner that is consistent with the federal Guides for the Use of Environmental Marketing Claims; and

(3) (i) With a certification logo indicating the compostable food or beverage product meets the ASTM D6400 standard specification or ASTM D6868 standard specification; or

(ii) As compostable.

(b) Subsection (a) of this section has effect only to the extent that the provision does not conflict with the federal Guides for the Use of Environmental Marketing Claims.

END OF SECTION V.

SECTION I. MINIMUM REQUIREMENTS 2
SECTION II. RECOMMENDATIONS 3
SECTION III. SUBMITTAL REQUIREMENTS 5
SECTION IV. ENVIRONMENTALLY PREFERABLE PURCHASING LANGUAGE 6
SECTION V. LEGISLATION, STATUES, AND REGULATIONS 7
SECTION I. MINIMUM REQUIREMENTS
A. PRODUCTS COVERED UNDER THIS SPECIFICATION
1. Bowls
2. Clamshells
3. Cloth Towels
4. Containers
5. Cup Lids
6. Cups
7. Food Coverings
8. Food Service Gloves
9. Food Storage Bags
10. Food Waste Bags
11. Napkins
12. Paper Bags
13. Plates
14. Straws
15. Towels
16. Trays
17. Utensils
18. Wraps

B. PROHIBITED PRODUCTS

SECTION II. RECOMMENDATIONS
A. FOOD SERVICE SUPPLIES, PRODUCT RECOMMENDATIONS
1. For a product to be classified as an environmentally preferable product by the State of Maryland, it must:
a. Fall within one of the five categories listed in Section B. Material Composition and comply with the related requirements, AND
b. If applicable, comply with the requirements listed in Section C. Chemicals of Concern.
B. MATERIAL COMPOSITION
1. Reusable
a. All food service supplies, including plates, bowls, cups, trays, glasses, straws, stirrers, and utensils, must meet the following criteria in order to be considered an environmentally preferable product:
i. Be manufactured of durable materials;
ii. Be specifically designed and manufacturers to be washed and sanitized and intended to be used repeatedly at least 1,000 times; and
iii. Be safe for commercial washing and sanitizing according to Maryland Department of Health regulations (COMAR 10.15.03.16).
2. Compostable
a. Food service supplies, except paper napkins and paper towels, must meet the following criteria in order to be considered an environmentally preferable compostable product:
i. Be certified by the Biodegradable Products Institute (BPI), or equivalent*, for commercial composability.
*BPI is the primary commercial composability certifier in the United States. Other equivalent international certifiers include Vincotte OK Compost and DIN CERTCO.
OR
ii. Appear on the Compost Manufacturers Alliance list or are certified compostable under Canda’s Bureau de Normalisation du Quebec or appear on Cedar Grove’s accepted items list and have no ore than 100 parts per million fluorine.
3. Recycled Content
a. Food service supplies must meet the following minimum requirements in order to be considered an environmentally preferable recycled-content product:
i. Fiber-based products (e.g. paper, sugarcane, wheat straw, etc.), excluding paper towels:
1. Must contain minimum 20% post-consumer recycled content or 100% total recycled content.
ii. Plastic products:
1. Must contain minimum 20% post-consumer recycled content or 100% total recycled content.
iii. Aluminum foil must:
1. Contain 100% total recycled content.
4. Polyvinyl Chloride (PVC) Free
a. Food service supplies, including gloves, must be free of polyvinyl chloride (PVC).
5. Contain Sustainably Harvested Content and/or Other Environmental Attributes
a. Food service supplies must meet the following criteria for sustainably harvested content or possess one of the ecolabel certifications listed below in order to be considered an environmentally preferable product:
i. Paper, wood or agricultural fiber certified by the Forest Stewardship Council (FSC) as sustainably harvested;
ii. Paper or agricultural fiber products manufactured entirely with chlorine-free processing, meaning that no chlorine or chlorine compounds were used in the manufacture of the products; or
iii. Paper napkins and paper towels that are Green Seal or UL ECOLOGO certified.
C. CHEMICALS OF CONCERN
1. In addition to meeting Maryland’s Toxics in Packaging Law cited below, food service supplies, that fall within one of the categories listed below, must meet the following criteria in order to be considered an environmentally preferable product:
a. Food service containers and wrappers:
(1) Must not contain any intentionally added perfluorinated chemicals, formaldehyde, bisphenols (e.g. BPA) and phthalates.
D. FOOD SERVICE SUPPLIES, SHIPPING RECOMMENDATIONS
1. To promote fuel efficiency and reduce greenhouse gases and air pollution, the Contractor is encouraged to use a SmartWay Transport/Carrier Partner for the shipment or transport of products. A list of SmartWay Transport partners can be found here: h...
SECTION III. SUBMITTAL REQUIREMENTS
A. BID/PROPOSAL SUBMISSION
Bidders/Offerors shall provide the following documents with their response:

B. REFERENCES

SECTION IV. ENVIRONMENTALLY PREFERABLE PURCHASING LANGUAGE
A. ENVIRONMENTALLY PREFERABLE PURCHASING
B. MARYLAND’S GREEN PURCHASING REPORTING REQUIREMENTS
C. ENVIRONMENTAL CLAIMS
SECTION V. LEGISLATION, STATUES, AND REGULATIONS
A. FOR PROCUREMENT OFFICERS AND AGENCIES
1. Environmentally Preferable Purchasing (COMAR 21.11.07.09)
“All procurement agencies shall purchase environmentally preferable products and services unless purchasing environmentally preferable products and services would limit or supersede any requirements under any provision of law or result in the purchase...
(1) Do not perform adequately for the intended use;
(2) Exclude adequate competition; or
(3) Are not available at a reasonable price in a reasonable period of time.”
2. Mercury and Products that Contain Mercury (COMAR 21.11.07.07)
“All procurement agencies shall give a preference under this regulation to procuring products and equipment that are mercury-free. If mercury-free products and equipment that meet the agency's product performance requirements are not commercially avai...
B. FOR CONTRACTORS, BIDDERS, AND OFFERORS
1. Verifying Environmental Claims (State Finance and Procurement Article §14–410(g))
“A bidder or offeror for a procurement contract shall certify in writing that any claims of environmental attributes made relating to a product or service are consistent with the Federal Trade Commission’s Guidelines for the Use of Environmental Marke...
2. Limitations and Prohibitions on Heavy Metals in Packaging (Environment Article §9–1902(a)-(d))
1) Lead;
2) Cadmium;
3) Mercury; or
4) Hexavalent chromium…”
3. Limitations on Hazardous Substances (Environment Article, §§ 6–1202-1202.1)
A person may not manufacture, process, sell, or distribute in the State a new product or flame-retardant part of a new product that contains more than one-tenth of 1% of pentaBDE (pentabrominated diphenyl ether) or octaBDE (octabrominated diphenyl) by...
A person may not manufacture, lease, sell or distribute for sale or lease in the State electrical or electronic equipment that contain more than one-tenth of 1% of decaBDE (decabrominated diphenyl ether) by mass.
4. Shipping/Transport Requirements and Recommendations Idling Law (Transportation Article §22-402(c)(3))
i. When a vehicle is forced to remain motionless because of traffic conditions or mechanical difficulties over which the operator has no control;
ii. When it is necessary to operate heating and cooling or auxiliary equipment installed on the vehicle;
iii. To bring the vehicle to the manufacturer's recommended operating temperature; or
iv. When it is necessary to accomplish the intended use of the vehicle.”
5. Expanded Polystyrene Food Service Products – Prohibitions (Environment Article §9-2203)
(a) “On or after July 1, 2020, a person may not sell or offer for sale in the State an expanded polystyrene food service product.”
(b) “On or after July 1, 2020, a food service business or school may not sell or provide food or beverages in an expanded polystyrene food service product.”
6. Standards for Plastic Ware (Environment Article §9-2102)
(a) “Except as provided in subsection (c) of this section, on or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as biodegradable, degradable, decomposable, or with any other term to imply that the product w...
(b) On or after October 1, 2018, a person may not sell in the State a plastic product that is labeled as compostable or home compostable unless the plastic product meets the following standards:
(1) For a plastic product labeled as compostable, the plastic product shall meet:
(i) 1. The ASTM D6400 standard specification; or 2. The ASTM D6868 standard specification; and
(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.
(2) For a plastic product labeled as home compostable, the plastic product shall meet:
(i) The OK Compost Home certification standard adopted by Vincotte; and
(ii) Any applicable labeling guidelines in the federal Guides for the Use of Environmental Marketing Claims.
(c) On or after October 1, 2018, a person may not sell in the State a film plastic product labeled as soil degradable ag mulch film or biodegradable mulch film unless the product:
(1) (i) Meets the OK Biodegradable Soil certification standard adopted by Vincotte; or
(ii) At ambient temperatures and in soil, shows at least 90% biodegradation absolute or relative to microcrystalline cellulose in less than 2 years’ - 963 - time, tested according to the ISO 17556 standard test method or ASTM D5988 standard test metho...
(1) Fulfills the plant growth and regulated metals requirements under section 6.4 of the ASTM D6400 standard specification.”.
7. Labeling Standards for Compostable Plastic Bags (Environment Article §9-2103)
8. Labeling Standards for Compostable Food Service Ware (Environment Article §9-2104)

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