It is an unfair or deceptive act or practice to misrepresent, directly or by implication, that a product or package is degradable, biodegradable or photodegradable. An unqualified claim that a product or package is degradable, biodegradable or photodegradable must be substantiated by competent and reliable scientific evidence that the entire product or package will completely break down and return to nature, i.e., decompose into elements found in nature, within a reasonably short period of time after customary disposal. Claims of degradability, biodegradability or photodegradability must be qualified to the extent necessary to avoid consumer deception about:
N.M. Admin. Code § 12.2.5.16