S. 5302 — Truth in Labeling Act of 2026

This section establishes congressional findings that consumer confusion exists over which materials qualify as recyclable, compostable, reusable, or refillable; that nationwide definitions would clarify labeling and reduce deceptive use of the chasing arrows symbol; and that standardized criteria would cut waste and emissions, aid material recovery facilities, and support updates as technology advances.

This section defines terms used throughout the Act, including Administrator (EPA), Commission (FTC), beverage container, covered material, packaging, food service product, producer, plastic, compost, compostable, and 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 consumers about non-qualifying materials. It mandates resin identification codes on all plastic covered materials sold or imported in the United States, placed outside chasing arrows symbols unless criteria under section 5 are met. It preempts conflicting state requirements, directs the Administrator to conduct a nationwide analysis of collection and processing facilities, and permits producers to submit evidence supporting material classifications.

This section prohibits producers of covered materials from claiming recyclability unless the material meets specified industry design guidelines, contains no non-recyclable components without clear removal instructions, is collected through established programs serving at least 60 percent of consumers or communities where sold, and has commercial value with a responsible end market. It permits qualified claims if programs serve at least 40 percent of consumers or communities, the claim follows standardized labeling, and the producer secures Administrator approval of a plan to meet full criteria within 2 years. The section directs the Administrator to issue regulations on compliance and labels, publish a list of compliant materials every 2 years beginning 18 months after enactment, and excludes fuel conversion from counting as recycling or meeting thresholds.

This section prohibits producers from claiming that a covered material is compostable unless it meets specified criteria, including ASTM International 6400, 6868, or equivalent standards, the absence of intentionally added perfluoroalkyl or polyfluoroalkyl substances and heavy metals, acceptance by at least 50 percent of U.S. composting programs, and processing into compost. It permits qualified claims of compostability for materials accepted by at least 30 percent of programs. The section directs the Administrator to issue guidance or regulations on compliance and standardized labeling, bars misleading markings on non-compostable plastic materials, and requires publication of a list of compliant materials every two years.

This section prohibits a producer from claiming that a covered material is reusable or refillable unless the material meets five criteria: design for durability and extended life under industry standards such as those from the American National Standards Institute; ability to be recirculated or refilled multiple times for the same purpose; support by a convenient reuse or refill system or infrastructure provided by the producer or a third party; and exclusion from single-use intent. It directs the Administrator, in coordination with the Commission and the Advisory Committee, to issue implementing regulations and to publish a list of qualifying covered materials within 270 days of enactment and every 2 years thereafter.

This section directs the Administrator, in coordination with the Commission and with input from the Advisory Committee, to establish or approve standardized on-package labels for covered materials within 2 years of enactment. The labels must include harmonized iconography, terminology, disposal instructions, and placement standards for recyclability, compostability, reusability, or refillability claims. It also authorizes standardized digital labels, such as QR codes, and requires review and revision of the standards at least every 5 years with public comment.

This section establishes, within 180 days of enactment, a joint advisory committee of the Administrator and the Commission to advise on standards for the terms “recyclable,” “compostable,” “reusable,” and “refillable,” qualified claims of recyclability and compostability, and standardized labeling guidelines. The committee consists of 2 ex officio members and 27 appointed members drawn from industries, material recovery facilities (with urban/rural splits), environmental organizations, nonprofits, technical experts, and state and local governments; requires public meetings held regularly until standards are set and at least annually thereafter; and exempts the committee from the Administrative Procedure Act.

This section requires the Administrator and the Commission to submit annual reports to Congress, beginning one year after enactment, on implementation of the Act. The reports must cover educational and outreach efforts, implementation obstacles, technology changes affecting criteria for recyclable, compostable, reusable, and refillable materials, lists of covered materials meeting or failing those criteria with associated barriers, and evaluations of consumer understanding of the terms, chasing arrows symbol, and resin identification codes.

This section prohibits producers of covered materials from selling, using, distributing, or importing any material displaying a chasing arrows symbol, resin identification code, compostable symbol, or other recyclability or compostability claim unless the material meets the Act’s criteria, beginning 2 years after standardized on-package labels are established. It treats violations as deceptive practices under the Federal Trade Commission Act, with exceptions for items manufactured before 18 months after label publication or revisions and for qualified claims or struck-through symbols.

This section directs the Administrator, in consultation with the Commission, States, local governments, Indian Tribes, and other stakeholders, to develop best practices for consumer education on labels established under the Act and to provide them through the Model Recycling Program Toolkit. It also requires the Administrator to prepare and distribute educational materials on the preferred recovery method for covered materials that are recyclable or compostable, based on the method that creates the highest post-consumer value.

This section directs the Administrator to encourage label producers and their supply chains, including substrate suppliers, converters, and ink suppliers, to collaborate with recycling, composting, reuse, and refill industries on addressing 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.