“To create national standards for labeling of covered materials as recyclable, compostable, reusable, and refillable, and for other purposes.”
No CRS summary available for this bill.
This section establishes congressional findings on consumer confusion regarding which covered materials are recyclable, compostable, reusable, or refillable. It states that nationwide definitions would clarify labeling, reduce deceptive practices under the Federal Trade Commission Act, encourage proper design and end-use handling of packaging and containers, assist material recovery facilities, and update the outdated Green Guides in 16 C.F.R. part 260.
This section defines terms used in the Act, including the Administrator as the EPA Administrator, covered material as any packaging, food service product, or beverage container regardless of recyclability, and producer as the person affixing a recyclability label or modifying such a label. It also specifies beverage containers as those holding 50 milliliters to 3 liters and details criteria for compostable materials and the chasing arrows symbol.
This section requires labels on covered materials that claim recyclability, compostability, reusability, or refillability to be legible, consistent with a standardized on-package label, compatible with the intended disposal method, and free of consumer removal requirements. It prohibits any label or marking, including the chasing arrows symbol, that would mislead ordinary consumers about non-qualifying materials. It mandates resin identification codes on all plastic covered materials sold or imported in the United States, outside chasing arrows symbols except where physically infeasible, and preempts conflicting state requirements. It directs the Administrator to conduct a nationwide analysis of recycling, composting, reuse, and refill facilities and publish a list of qualifying covered material categories. Producers may submit technical evidence for classification determinations, which the Administrator must consider.
This section prohibits producers from claiming that covered materials are recyclable unless the materials meet specified criteria, including approved design guidelines, no non-recyclable components without clear removal instructions, collection through programs covering at least 60 percent of consumers or communities where sold, and a responsible end market with commercial value. It permits qualified recyclability claims at a 40 percent coverage threshold if the producer has an approved plan to meet full criteria within 2 years. The section excludes fuel conversion from counting as recycling or toward either threshold, requires the Administrator to issue implementing regulations, and directs publication of a list of compliant materials beginning 18 months after enactment and updated every 2 years.
This section prohibits producers from claiming that a covered material is compostable unless it meets specified criteria, including design standards, adherence to ASTM International 6640 or 6868 specifications, no intentionally added perfluoroalkyl or polyfluoroalkyl substances or heavy metals, processing into compost, and acceptance by at least 50 percent of U.S. composting programs. It permits qualified claims if accepted by at least 30 percent of programs, directs the Administrator to issue guidance and publish a list of compliant materials every two years beginning 270 days after enactment, and bars misleading markings on non-compostable plastic materials.
This section prohibits producers of covered materials from claiming that a material is reusable or refillable unless it meets five criteria, including design for durability and multiple uses, supporting reuse infrastructure, and non-single-use intent. It directs the Administrator to issue regulations determining compliance and to publish a list of qualifying materials every two years beginning 270 days after enactment.
This section directs the Administrator, in coordination with the Commission and with input from the Advisory Committee, to establish standardized on-package labels for covered materials within 2 years of enactment. The labels must include harmonized iconography, terminology, and instructions for qualified claims of recyclability, compostability, reusability, or refillability, along with recommended placement and typography. It also authorizes standardized digital labels such as QR codes for additional information and requires review and revision of the standards at least every 5 years with public comment.
This section establishes an advisory committee within 180 days of enactment to advise the Administrator and the Commission on standards for the terms recyclable, compostable, reusable, and refillable, qualified claims of recyclability and compostability, and standardized labeling and guidelines for covered materials. The committee comprises two ex officio members plus 27 appointed members from relevant industries, material recovery facilities, environmental organizations, nonprofits, technical experts, and state and local governments; it meets regularly until standards are set and annually thereafter, with all meetings open to the public and exempt from the Administrative Procedure Act.
This section requires the Administrator and the Commission to submit annual reports to Congress beginning one year after enactment. The reports must cover implementation of the Act, including educational and outreach efforts, obstacles, technology changes affecting criteria for recyclable, compostable, reusable, and refillable covered materials, lists of materials meeting or failing those criteria with associated barriers, assessments aggregated by material and geographic area, and consumer understanding of the terms, chasing arrows symbol, and resin identification codes.
This section prohibits producers from selling, distributing, or importing covered materials in commerce beginning 2 years after standardized on-package labels are established, treating violations as deceptive practices under the Federal Trade Commission Act. It bars chasing arrows symbols or recyclability claims unless materials meet the Act’s recyclability criteria, and similarly restricts compostability symbols and claims unless materials meet compostability criteria. Exceptions allow pre-revision manufacturing for 18 months after any standard change, struck-through symbols indicating non-recyclability or non-compostability, qualified claims, resin codes in solid triangles, and component-specific disclosures on packaging.
This section directs the Administrator, in consultation with the Commission, States, local governments, Indian Tribes, and other stakeholders, to develop best practices for educating consumers on recycling and composting labels and to distribute those practices through the Model Recycling Program Toolkit. It also requires the Administrator to prepare and distribute consumer educational materials on the preferred recovery method for covered materials that creates the highest value for post-consumer use.
This section directs the Administrator to encourage producers, in coordination with label supply chains including substrate suppliers, converters, and ink suppliers, to work with recycling, composting, reuse, and refill industries to address label compatibility challenges.
This section provides that if any provision of the Act or its application to any person or circumstance is held unconstitutional, the remaining provisions and their applications remain in effect.