[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10048 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 10048
To create national standards for labeling of covered materials as
recyclable, compostable, reusable, and refillable, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 6, 2026
Mr. Correa introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To create national standards for labeling of covered materials as
recyclable, compostable, reusable, and refillable, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Labeling Act of 2026''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is significant consumer confusion about which
covered materials are recyclable, compostable, reusable, or
refillable;
(2) nationwide definitions of the terms ``recyclable'',
``compostable'', ``reusable'', and ``refillable'' would
provide--
(A) producers and consumers clarity in how to
recycle, compost, reuse, or refill labeled products;
and
(B) consumers confidence that covered materials
that have a chasing arrows symbol, or an equivalent
symbol for recyclable, compostable, reusable, or
refillable, are properly labeled;
(3) the improper use of the chasing arrows symbol, or an
equivalent symbol indicating that a covered material is
recyclable, compostable, reuseable, or refillable, leads to
confusion and qualifies as a deceptive practice under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(4) encouraging producers to design their covered materials
to be recyclable, compostable, reusable, or refillable would
reduce waste and emissions, help the environment, protect
resources, lower expenses for businesses, communities, and
consumers, and diminish the need for virgin raw materials;
(5) proper labeling of covered materials would encourage
end-use consumers to properly recycle, compost, reuse, and
refill covered materials, including packaging, food service
products, and beverage containers;
(6) understanding what does not qualify as recyclable,
compostable, reusable, or refillable is critical for producers,
State and local governments, and consumers;
(7) standardized labeling provides producers with clear
enforceable criteria they can follow to ensure that their
covered materials meet applicable requirements if the producers
choose to use a label;
(8) establishing definitions of the terms ``recyclable'',
``compostable'', ``reusable'', and ``refillable'' that can be
updated as technology and systems advance would benefit
consumers, producers, State and local governments, and waste
management facilities;
(9) having clear, consistent labels would--
(A) assist material recovery facilities and
municipalities in their efforts to recycle and compost
covered materials;
(B) assist in educating the public about those
efforts; and
(C) reduce costs and waste; and
(10) part 260 of title 16, Code of Federal Regulations
(commonly referred to as the ``Green Guides''), provides rules
for marketing claims that are outdated and do not provide
sufficient information to establish labeling criteria at the
national level.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 9.
(3) Beverage container.--The term ``beverage container''
means a consumer prepackaged container that--
(A) is designed to hold a beverage;
(B) is made of any material, including glass,
plastic, fiber, paper, and metal, or a combination
thereof; and
(C) has a volume of not less than 50 milliliters
and not more than 3 liters.
(4) Chasing arrows symbol.--The term ``chasing arrows
symbol'' means--
(A) an equilateral triangle, formed by 3 arrows
curved at their midpoints, depicting a clockwise path,
with a short gap separating the apex of each arrow from
the base of the adjacent arrow; and
(B) any variant of the symbol described in
subparagraph (A) that is likely to be reasonably
interpreted by an ordinary consumer as indicating that
a covered material is recyclable, including one or more
arrows arranged in a circular pattern or around a
globe.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Compost.--The term ``compost'' means a product--
(A) manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) that has undergone treatment at mesophilic and
thermophilic temperatures; and
(C) that is beneficial to plant growth.
(7) Compostable.--
(A) In general.--The term ``compostable'', with
respect to a covered material, means that the covered
material--
(i) is capable of undergoing aerobic
biological decomposition in a compost system,
such that the covered material becomes visually
indistinguishable from the rest of the material
and breaks down into carbon dioxide, water,
inorganic compounds, and biomass; and
(ii) otherwise meets the criteria described
in section 6(b).
(8) Covered material.--The term ``covered material'' means,
regardless of whether the material is recyclable, compostable,
reusable, or refillable, and regardless of the material type, a
material that is--
(A) packaging;
(B) a food service product; or
(C) a beverage container.
(9) Food service product.--The term ``food service
product'' means an item associated with a food product provided
to a consumer, regardless of whether the item is recyclable,
compostable, reusable, or refillable, including--
(A) a drink cup;
(B) a drink lid;
(C) a food package;
(D) a food container;
(E) a plate;
(F) a bowl;
(G) a sleeve;
(H) a straw;
(I) a tray;
(J) a utensil;
(K) a food wrap; and
(L) such other items as the Administrator, in
coordination with the Commission, determines to be
appropriate.
(10) Packaging.--
(A) In general.--The term ``packaging'' means any
separable and distinct material piece, regardless of
whether the material piece is recyclable, compostable,
reusable, or refillable, used for the containment,
protection, handling, delivery, and presentation of
goods that are sold, offered for sale, or distributed
to consumers in the United States, including through an
internet transaction.
(B) Inclusions.--The term ``packaging'' includes an
item described in subparagraph (A) that is--
(i) sales packaging or primary packaging
intended for the consumer market;
(ii) service packaging designed and
intended to be used or filled at the point of
sale, such as carry-out bags, bulk good bags,
take-out bags, and home delivery food service
products;
(iii) secondary packaging used to group
products for multiunit sale; or
(iv) a packaging component or ancillary
element integrated into packaging, including an
ancillary element directly hung onto or
attached to a product and that performs a
packaging function, except--
(I) an element of the packaging
with a de minimis weight or volume, as
determined by the Administrator; and
(II) a component or element that is
an integral part of the product, if all
components or elements of the product
are intended to be consumed or disposed
of together.
(C) Exclusions.--The Administrator may exempt from
the term ``packaging'' under this paragraph a material
that the Administrator determines--
(i) is de minimis; and
(ii) does not impact the recyclability,
compostability, reusability, or refillability
of the package.
(11) Person.--
(A) In general.--The term ``person'' means an
individual or entity described in subparagraph (B) that
sells, offers for sale, or distributes a covered
material in the United States--
(i) directly to consumers; or
(ii) to an individual or entity described
in subparagraph (B) that sells, offers for
sale, or distributes the covered material in
the United States to consumers.
(B) Entities described.--An entity referred to in
subparagraph (A) is a corporation, company,
partnership, joint venture, association, joint-stock
company, trust, estate of a deceased individual,
foundation, fund, institution, society, union, or club,
regardless of whether such entity is incorporated.
(12) Plastic.--
(A) In general.--The term ``plastic'' means a
synthetic or semisynthetic material that is--
(i) synthesized by the polymerization of
organic substances; and
(ii) capable of being shaped into various
rigid or flexible forms.
(B) Inclusions.--The term ``plastic'' includes any
coating or adhesive material described in subparagraph
(A).
(C) Exclusions.--The term ``plastic'' does not
include--
(i) natural rubber; or
(ii) material containing only naturally
occurring polymers, such as proteins and
starches.
(13) Producer.--The term ``producer'', with respect to a
covered material, means--
(A) the person that affixes, or directs to affix,
to the covered material a chasing arrows symbol, a
label, or any other marking that indicates that the
covered material is recyclable, compostable, reusable,
or refillable; or
(B) if the covered material was labeled as
recyclable, compostable, reusable, or refillable in
accordance with this Act and has subsequently been
modified such that the covered material is not
recyclable, compostable, reusable, or refillable,
respectively, the person that so modified the covered
material.
(14) Qualified claim of compostability.--The term
``qualified claim of compostability'' means a qualified claim
of compostability described in section 6(a)(2).
(15) Qualified claim of recyclability.--The term
``qualified claim of recyclability'' means a qualified claim of
recyclability described in section 5(a)(2).
(16) Recyclable.--The term ``recyclable'', with respect to
a covered material, means that the covered material meets the
criteria described in section 5(b).
(17) Refillable.--The term ``refillable'', with respect to
a covered material, means that the covered material--
(A) is designed to be--
(i) refilled by consumers multiple times
for the same or a similar purpose and in the
original format of the covered material; and
(ii) sold or provided to consumers once for
the duration of the usable life of the covered
material; and
(B) otherwise meets the criteria described in
section 7(b).
(18) Resin identification code.--The term ``resin
identification code'' means a code that indicates the resin
used to produce a plastic covered material that meets the
requirements of ASTM International Standard D7611/D7611M-21--
(A) as in effect on the date of enactment of this
Act; or
(B) as revised after the date of enactment of this
Act, if the revision is approved by the Administrator.
(19) Responsible end market.--The term ``responsible end
market'' means a material market, and intermediate supply chain
entities, that--
(A) is where collected, processed, and separated
covered materials are purchased and manufactured into
new, saleable products or feedstock;
(B) has sufficient capacity to handle the quantity
of covered materials collected; and
(C) recovers covered materials and disposes of
contaminants in a manner that minimizes environmental
harm and risks to public health and worker health and
safety.
(20) Reusable.--The term ``reusable'', with respect to a
covered material, means that the covered material--
(A) is intentionally designed and marketed to be
recovered, inspected, repaired (if necessary), and
reissued by producers into the supply chain for
convenient and safe reuse for multiple cycles; and
(B) otherwise meets the criteria described in
section 7(b).
(21) United states.--The term ``United States'' means the
50 States, the District of Columbia, and the territories and
possessions of the United States.
SEC. 4. COVERED MATERIAL LABELING.
(a) In General.--If a producer affixes a label or marking on a
covered material, on the volition of the producer or by contractual
obligation, that states, or that an ordinary consumer would reasonably
interpret to indicate, that the covered material is recyclable,
compostable, reusable, or refillable, the label or marking shall--
(1) be legible, clear, and on the appropriate side of the
covered material, such that the ordinary consumer can easily
read and understand the label or marking;
(2) be consistent with the standardized on-package label
established under section 8(a);
(3) indicate whether the covered material is--
(A) recyclable;
(B) compostable;
(C) reusable; or
(D) refillable;
(4) be compatible with the intended method of discard for
the covered material, including any shrink sleeve;
(5) not require removal by consumers to be compatible with
the intended method of discard; and
(6) be in accordance with section 5, 6, or 7, as
applicable.
(b) Requirement.--If a covered material is not recyclable, eligible
for a qualified claim of recyclability, compostable, eligible for a
qualified claim of compostability, reusable, or refillable, the
producer of the covered material shall ensure that the covered material
does not include any label or marking, including the chasing arrows
symbol or any equivalent, that would--
(1) lead an ordinary consumer to believe that the item is
recyclable, compostable, reusable, or refillable, respectively;
or
(2) direct a consumer to recycle, compost, reuse, or
refill, respectively, the covered material.
(c) Resin Identification Code.--
(1) In general.--All plastic covered materials sold,
offered for sale, distributed, or imported into the United
States shall be labeled with a resin identification code, which
may not be placed inside a chasing arrows symbol, unless--
(A) the plastic covered material meets the criteria
described in section 5; and
(B) placement inside a chasing arrows symbol is the
only physically feasible placement, as determined by
the Administrator.
(2) Preemption.--No State may impose any requirement that
conflicts with the requirement under paragraph (1).
(d) Nationwide Analysis.--For purposes of developing the
standardized on-package label required under section 8(a), the
Administrator, in coordination with the Commission and with
consideration of the findings and recommendations of the Advisory
Committee, shall--
(1) conduct a nationwide analysis of covered material
recycling, composting, reuse, and refill facilities to identify
which covered materials are commonly collected, sorted, sold,
or transferred for recycling, composting, reuse, and refill in
the United States that meet the requirements of this Act; and
(2) publish a list of categories of covered material
identified under paragraph (1).
(e) Submission of Supporting Evidence.--
(1) In general.--Producers, individually or collectively,
may submit to the Administrator technical studies, sorting and
processing trials, material flow analyses, end-market
assessments, or other evidence to support the classification of
a covered material as recyclable, compostable, reusable, or
refillable.
(2) Consideration.--The Administrator, in coordination with
the Commission, and with consideration of the findings and
recommendations of the Advisory Committee, shall review any
evidence submitted under paragraph (1) when establishing or
revising determinations for recyclable, compostable, reusable,
and refillable classifications.
SEC. 5. RECYCLABLE CRITERIA.
(a) In General.--The producer of a covered material shall not
include--
(1) a claim that the covered material is recyclable unless
the covered material is considered recyclable under this Act;
or
(2) a qualified claim of recyclability unless the covered
material meets the requirements under subsection (c).
(b) Criteria.--A covered material shall be considered recyclable
if--
(1) the covered material is made in accordance with the
design guidelines of the industry of the covered material, if
approved by the Administrator, including--
(A) the Association of Plastic Recyclers Design
Guide;
(B) the Recycled Materials Association Fiber
Recycling Readiness Tool;
(C) the Can Manufacturers Institute Steel Container
Design Guide for Recyclability;
(D) the American Forest and Paper Association
Design Guidance for Recyclability;
(E) the Glass Guide on Recycling; and
(F) the Recycling Partnership Circular Packaging
Assessment;
(2) the covered material does not include any component,
including inks and adhesives, that prevents the product from
being recycled, unless the covered material includes clear, on-
package instructions that describe how to remove and properly
dispose of a separable component that is not recyclable;
(3) the covered material is collected, separated, or
otherwise recovered from the waste stream through an
established recycling program for which a responsible end
market exists that covers at least 60 percent of consumers or
communities where the item is sold; and
(4) the covered material has a commercial value for
recycling and a responsible end market.
(c) Qualified Claims of Recyclability.--A covered material shall be
eligible for a qualified claim of recyclability if--
(1) the covered material is collected, separated, or
otherwise recovered from the waste stream through an
established recycling program for which a responsible end
market exists that covers at least 40 percent of consumers or
communities where the item is sold;
(2) the covered material meets the requirements described
in paragraphs (1), (2), and (4) of subsection (b);
(3) the qualified claim of recyclability is consistent with
the standardized on-package label established under section
8(a);
(4) except as provided in this subsection, the qualified
claim of recyclability is made in accordance with any other
requirements under this Act relating to recyclable covered
materials; and
(5) the Administrator has approved a plan demonstrating a
reasonable and time-bound pathway for the covered material to
be considered recyclable under this Act, including compliance
with subsection (b)(3), not later than 2 years after the date
of approval of the plan.
(d) Regulations.--
(1) In general.--The Administrator, in coordination with
the Commission, and with consideration of the findings and
recommendations of the Advisory Committee, shall issue
regulations for--
(A) determining whether a covered material meets
the criteria described in subsection (b) or (c); and
(B) describing acceptable qualified claims of
recyclability that will provide clear and standardized
information to consumers to allow them to determine
whether the covered material is recyclable in their
jurisdiction and how to recycle the covered material.
(2) Requirement.--In carrying out paragraph (1), the
Administrator, in coordination with the Commission, shall
strive to issue regulations that reduce the amount of
recyclable goods that are not accepted at a responsible end
market.
(e) Publication of Covered Materials.--Not later than 18 months
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator shall publish a list of covered materials that meet
the requirements of this section.
(f) Exclusion.--For purposes of this Act, the conversion of a
covered material into fuel, fuel ingredients, or fuel substitutes or
the use of a covered material for the generation of electricity, heat,
or steam shall not--
(1) be considered recycling;
(2) count towards the 60 percent threshold, or be
considered a responsible end market, described in subsection
(b)(3); or
(3) count towards the 40 percent threshold, or be
considered a responsible end market, described in subsection
(c)(1).
SEC. 6. COMPOSTABLE CRITERIA.
(a) In General.--The producer of a covered material shall not
include--
(1) a claim that the covered material is compostable unless
the covered material is considered compostable under this Act;
or
(2) a qualified claim of compostability unless the covered
material meets the requirements under subsection (c).
(b) Criteria.--A covered material shall be considered compostable
if the covered material--
(1) is designed to be compostable in accordance with the
design standards and guidelines of the industry of the covered
material;
(2) at a minimum--
(A) adheres to ASTM International 6640, 6868, or
equivalent standard specifications that test the
ability of the covered material to break down into
compost; and
(B) does not contain intentionally added
perfluoroalkyl or polyfluoroalkyl substances or heavy
metals that are incompatible with compost;
(3) is capable of being collected and accepted by at least
50 percent of the established composting programs in the United
States; and
(4) is processed by itself or with other covered material
categories through controlled biological degradation to make
compost or a substantially similar soil amendment.
(c) Qualified Claims of Compostability.--A covered material shall
be eligible for a qualified claim of compostability if--
(1) the covered material is capable of being collected and
accepted by at least 30 percent of the established composting
programs in the United States;
(2) the covered material meets the requirements described
in paragraphs (1), (2), and (4) of subsection (b);
(3) the qualified claim of compostability is consistent
with the standardized on-package label established under
section 8(a); and
(4) except as provided in this subsection, the qualified
claim of compostability is made in accordance with any other
requirements under this Act relating to compostable covered
materials.
(d) Regulations.--The Administrator, in coordination with the
Commission, and with consideration of the recommendations of the
Advisory Committee, shall issue guidance or regulations for--
(1) determining whether a covered material meets the
criteria described in subsection (b) or (c); and
(2) describing acceptable qualified claims of
compostability that will provide clear and standardized
information to consumers to allow them to determine whether the
covered material is compostable in their jurisdiction and how
to compost the covered material.
(e) Limitation for Plastic or Plastic-Lined Covered Materials.--If
a plastic or plastic-lined covered material is not compostable, the
producer of the plastic covered material shall ensure that the plastic
covered material does not include a marking that would intentionally or
unintentionally mislead the public to believe that the covered material
is compostable, such as--
(1) green or brown tinting, coloring, or striping;
(2) a green or brown certification logo, unless approved by
the Administrator; or
(3) any other design, logo, or similar marking that the
Administrator determines is deceptive or misleading.
(f) Publication of Covered Materials.--Not later than 270 days
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator shall publish a list of covered materials that meet
the requirements of this section.
SEC. 7. REUSABLE AND REFILLABLE CRITERIA.
(a) In General.--The producer of a covered material shall not
include a claim that the covered material is reusable or refillable
unless the covered material is considered reusable or refillable under
this Act.
(b) Criteria.--A covered material shall be considered reusable or
refillable if the covered material--
(1) is designed to be reusable or refillable in accordance
with the design standards and guidelines relating to
reusability and refillability of the industry of the covered
material, such as the American National Standards Institute;
(2) is designed for durability and maintenance to extend
the useful life of the covered material and to reduce demand
for new production of the covered material;
(3) at a minimum, can be recirculated or refilled multiple
times, as determined by the Administrator, for the same or a
similar purpose in the original format of the covered material;
(4) is supported by a system or physical infrastructure
that is--
(A) in place to ensure the possibility and
likelihood of reuse or refill;
(B) provided by a producer or a third party; and
(C) designed for convenient reuse or refill; and
(5) is not intended for single use by a consumer.
(c) Regulations.--The Administrator, in coordination with the
Commission, and with consideration of the findings and recommendations
of the Advisory Committee, shall issue regulations for determining
whether a covered material meets the criteria described in subsection
(b).
(d) Publication of Covered Materials.--Not later than 270 days
after the date of enactment of this Act, and every 2 years thereafter,
the Administrator shall publish a list of covered materials that meet
the requirements of this section.
SEC. 8. DEVELOPMENT OF AND CHANGES TO STANDARDIZED LABELS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Administrator, in coordination with the Commission,
and with consideration of the findings and recommendations of the
Advisory Committee, shall establish or approve standardized on-package
labels that a producer of a covered material shall use if the producer
chooses to use an on-package label to indicate that the covered
material is recyclable, compostable, reusable, or refillable in
accordance with this Act, including--
(1) harmonized iconography to demonstrate the proper
disposal pathway;
(2) harmonized terminology and descriptions, including, as
necessary, instructions for--
(A) qualified claims of recyclability;
(B) qualified claims of compostability; and
(C) preparing covered materials for disposal; and
(3) recommended on-package placements, size, and typography
to ensure legibility and accessibility.
(b) Digital Labeling.--The Administrator, in coordination with the
Commission, may, for the purpose of providing additional information to
the on-package label standardized under subsection (a), establish or
approve a standardized digital label, which may include a Quick
Response code or a similar technology, for any covered material that
may be used by producers in addition to the standardized on-package
label described in that subsection.
(c) Review and Revisions.--Not less frequently than once every 5
years after the date of enactment of this Act, the Administrator, in
coordination with the Commission, and with consideration of the
findings and recommendations of the Advisory Committee, after providing
notice and an opportunity for public comment, shall--
(1) review the label standards established under
subsections (a) and (b), including a review of ongoing label
compatibility challenges and best practices; and
(2) as necessary, revise the label standards under
subsections (a) and (b) based on the review under paragraph
(1).
SEC. 9. ADVISORY COMMITTEE.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Administrator and the Commission shall
jointly establish an advisory committee to enhance public engagement
and provide advice to the Administrator and the Commission with respect
to--
(1) standards that should apply to the criteria for the
terms ``recyclable'', ``compostable'', ``reusable'', and
``refillable'' under sections 5(b), 6(b), and 7(b);
(2) standards that should apply for qualified claims of
recyclability and qualified claims of compostability; and
(3) standardized labeling and guidelines for recyclable,
compostable, reusable, and refillable covered materials.
(b) Membership.--
(1) Ex officio members.--The Administrator (or an appointee
of the Administrator) and a representative appointed by the
Commission shall serve as ex officio members of the Advisory
Committee.
(2) Composition.--In addition to the ex officio members of
the Advisory Committee described in paragraph (1), the Advisory
Committee shall be composed of the following members, who shall
be selected by the ex officio members:
(A) 8 representatives of relevant industries,
including consumer brands, the recycled materials
industry, the composting industry, the reuse industry,
the refill industry, and packaging manufacturers,
including 1 representative each from paper mills and
aluminum smelters;
(B) 5 representatives of material recovery
facilities, including--
(i) 3 representatives of material recovery
facilities serving urban or suburban
communities; and
(ii) 2 representatives of material recovery
facilities serving rural or disadvantaged
communities;
(C) 4 representatives of environmental or
sustainability organizations;
(D) 2 representatives from other relevant nonprofit
organizations;
(E) 2 representatives of other technical experts;
(F) 3 representatives from State governments; and
(G) 3 representatives from local governments.
(c) Meetings.--After selection of the members of the Advisory
Committee, the ex officio members shall convene the Advisory
Committee--
(1) regularly until the date on which the criteria
standards and labeling standards described in paragraphs (1)
through (3) of subsection (a) are initially established; and
(2) after the date described in paragraph (1), not less
frequently than annually.
(d) Public Participation.--
(1) In general.--Each meeting of the Advisory Committee
shall be open to the public.
(2) Public comment.--The Advisory Committee shall solicit
public comment with respect to the establishment of the
criteria standards and labeling standards described in
paragraphs (1) through (3) of subsection (a).
(e) Exemption From Administrative Procedure Act.--Subchapter II of
chapter 5, and chapter 7, of title 5, United States Code (commonly
known as the ``Administrative Procedure Act''), shall not apply to the
Advisory Committee.
SEC. 10. REPORTS TO CONGRESS.
Not later than 1 year after the date of enactment of this Act, and
on an annual basis thereafter, the Administrator and the Commission
shall submit to Congress a report that--
(1) provides--
(A) updates on the implementation of this Act,
including educational and outreach efforts;
(B) obstacles to the implementation of this Act;
(C) updates on changes to available technologies
that would impact the criteria for the terms
``recyclable'', ``compostable'', ``reusable'', and
``refillable'' under sections 5(b), 6(b), and 7(b); and
(D)(i) a list of covered materials that are, and
covered materials that are not, considered recyclable,
compostable, reusable, or refillable under this Act, as
determined under sections 4 through 7; and
(ii) a description of any barriers that inhibit
covered materials from being considered recyclable,
compostable, reusable, or refillable under this Act;
(2) evaluates and assesses the implementation of this Act
with respect to the criteria described in paragraph (1)(C), as
aggregated by covered material and geographic area; and
(3) evaluates and assesses consumer understanding of--
(A) the terms ``recyclable'', ``compostable'',
``reusable'', and ``refillable'';
(B) the chasing arrows symbol and similar labels
used for recyclable, compostable, reusable, and
refillable covered materials; and
(C) resin identification codes.
SEC. 11. ENFORCEMENT.
(a) General Prohibition.--Beginning on the date that is 2 years
after the date on which the Administrator, in coordination with the
Commission, establishes or approves standardized on-package labels
under section 8(a), it shall be considered a deceptive practice under
the Federal Trade Commission Act (15 U.S.C. 41 et seq.) for any
producer of a covered material to sell, use, distribute, or import in
commerce any covered material, except in compliance with this Act.
(b) Recyclable Criteria.--
(1) In general.--Beginning on the date that is 2 years
after the date on which the Administrator, in coordination with
the Commission, establishes or approves standardized on-package
labels under section 8(a) but subject to paragraph (2), it
shall be considered a deceptive practice and unlawful under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45)
for any producer of a covered material to sell, use,
distribute, or import in commerce any covered material that
displays--
(A) a chasing arrows symbol or any other symbol or
statement indicating the covered material is recyclable
or otherwise directing the consumer to recycle the
covered material unless the covered material is
considered recyclable under this Act; or
(B) a chasing arrows symbol surrounding a resin
identification code, as prohibited by section 4(c).
(2) Exceptions.--
(A) Establishment or revision of standards.--
Paragraph (1) does not apply to a covered material--
(i) if the covered material is manufactured
before the date that is 18 months after the
date on which the Administrator, in
consultation with the Commission, publishes the
standardized on-package labels under section
8(a), including any revisions; or
(ii) if--
(I) the Administrator revises the
criteria standards for recyclability;
(II) the covered material met the
criteria standards before the revision
but no longer meets the criteria
standards after that revision; and
(III) the covered material is
manufactured before the date that is 18
months after the date of the revision.
(B) Other exceptions.--For purposes of this
subsection, none of the following constitutes a
deceptive or misleading claim about the recyclability
of a covered material:
(i) Symbology.--A person using a chasing
arrows symbol in combination with a clearly
visible line placed at a 45-degree angle over
the chasing arrows symbol to convey that an
item is not recyclable.
(ii) Resin identification codes.--A resin
identification code placed inside a solid
equilateral triangle.
(iii) Qualified claim.--A qualified claim
of recyclability.
(3) Use on nonrecyclable products.--Subject to paragraph
(2), if the entirety of a covered material is not recyclable
but components of the covered material are recyclable, a
chasing arrows symbol or statement indicating that a covered
material is recyclable may be displayed on the external
packaging that is considered to be recyclable if the chasing
arrows symbol or statement clearly describes in the same or
greater font, font size, or symbol size--
(A) which components of the covered material are
not recyclable; and
(B) how to properly remove those components.
(4) Applicability to consumable products.--
(A) Definition of consumable product.--In this
paragraph, the term ``consumable product'' means a
commodity that is intended to be used and not disposed
of.
(B) Rule.--For purposes of this subsection, the
display of a chasing arrows symbol or any other
statement of recyclability on packaging containing a
consumable product shall be deemed to only refer to the
packaging.
(c) Compostable Criteria.--
(1) In general.--Beginning on the date that is 2 years
after the date on which the Administrator, in coordination with
the Commission, establishes or approves standardized on-package
labels under section 8(a) but subject to paragraph (2), it
shall be considered a deceptive practice and unlawful under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45)
for any producer of a covered material to sell, use,
distribute, or import in commerce any covered material that
displays a symbol approved to indicate that a product is
compostable, any statement indicating that the covered material
is compostable, or otherwise directing the consumer to compost
the covered material unless the covered material is considered
compostable under this Act.
(2) Exceptions.--
(A) Establishment or revision of standards.--
Paragraph (1) does not apply to a covered material--
(i) if the covered material is manufactured
before the date that is 18 months after the
date on which the Administrator, in
consultation with the Commission, publishes the
standardized on-package labels under section
8(a), including any revisions; or
(ii) if--
(I) the Administrator, in
consultation with the Commission,
revises the criteria standards for
compostable;
(II) the covered material met the
criteria standards before the revision
but no longer meets the criteria
standards after that revision; and
(III) the covered material is
manufactured before the date that is 18
months after the date of the revision.
(B) Other exceptions.--For purposes of this
subsection, none of the following constitutes a
deceptive or misleading claim about a covered material
as being compostable:
(i) Symbology.--A person using a
compostable symbol in combination with a
clearly visible line placed at a 45-degree
angle over the compostable symbol to convey
that an item is not compostable.
(ii) Noncompostable packaging.--Directing a
consumer to compost a product inside of a
covered material through a composting program
if the product inside the covered material is
compostable but the covered material is not
compostable.
(iii) Qualified claim.--A qualified claim
of compostability.
(3) Use on noncompostable products.--Subject to paragraph
(2), if the entirety of a covered material is not compostable
but components of the covered material are compostable, a
compostable symbol or statement indicating a product is
compostable may be displayed on the external packaging that is
considered to be compostable if the symbol or statement clearly
describes in the same or greater font, font size, or symbol
size--
(A) which components of the covered material are
not compostable; and
(B) how to remove and dispose of those components.
(4) Applicability to consumable products.--
(A) Definition of consumable product.--In this
paragraph, the term ``consumable product'' means a
commodity that is intended to be used and not disposed
of.
(B) Rule.--For purposes of this subsection, the
display of a compostable symbol or any other statement
that a covered material is compostable on packaging
containing a consumable product shall be deemed to only
refer to the packaging.
(d) Reusable and Refillable Criteria.--
(1) In general.--Beginning on the date that is 2 years
after the date on which the Administrator, in coordination with
the Commission, establishes or approves standardized on-package
labels under section 8(a) but subject to paragraph (2), it
shall be considered a deceptive practice and unlawful under
section 5 of the Federal Trade Commission Act (15 U.S.C. 45)
for any producer of a covered material to sell, use,
distribute, or import in commerce any covered material that
displays a symbol approved to indicate that a product is
reusable or refillable, any statement indicating that the
product or packaging is reusable or refillable, or otherwise
directing the consumer to reuse or refill the covered material
unless the covered material is considered reusable or
refillable under this Act.
(2) Exception.--Paragraph (1) does not apply to a covered
material--
(A) if the covered material is manufactured before
the date that is 18 months after the date on which the
Administrator, in consultation with the Commission,
publishes the standardized on-package labels under
section 8(a), including any revisions; or
(B) if--
(i) the Administrator, in consultation with
the Commission, revises the criteria standards
for reusable or refillable;
(ii) the covered material met the criteria
standards before the revision but no longer
meets the criteria standards after that
revision; and
(iii) the covered material is manufactured
before the date that is 18 months after the
date of the revision.
(e) Safe Harbor.--
(1) In general.--A covered material included on a list
published under section 5(e), 6(f), or 7(d) shall be considered
recyclable, compostable, or reusable or refillable,
respectively, for purposes of subsection (b)(1)(A), (c)(1), or
(d)(1), respectively.
(2) Grace period.--If a covered material is removed from a
list published under section 5(e), 6(f), or 7(d), for the 1-
year period beginning on the date of removal, the covered
material shall be considered recyclable, compostable, or
reusable or refillable, respectively, for purposes of
subsection (b)(1)(A), (c)(1), or (d)(1), respectively.
(f) Penalties.--
(1) Civil penalty.--
(A) Notification.--In the case of a violation of
this section, not later than 30 days after the date of
a finding of the Commission of that violation, the
Commission shall provide the person that violated this
section notice of the violation and a 180-day period to
rectify the violation.
(B) Fines.--Any person that violates this section,
is provided notice under subparagraph (A), and does not
rectify the violation by the end of the period
described in that subparagraph shall be fined for each
violation and for each day that the violation occurs
under section 5(m)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 45(m)(1)(B)).
(C) Use of funds.--
(i) In general.--Any fines collected under
subparagraph (B) shall be available to and used
by the Administrator, without further
appropriations, to carry out--
(I) the Solid Waste Infrastructure
for Recycling Grant Program authorized
by section 302(a) of the Save Our Seas
2.0 Act (33 U.S.C. 4282(a));
(II) the Consumer Recycling
Education and Outreach Grant Program
established under section 70402(b) of
the Infrastructure Investment and Jobs
Act (42 U.S.C. 6966d(b)) to enhance
recycling, composting, reuse, and
refill infrastructure and education;
and
(III) any educational or outreach
program authorized by this Act.
(ii) Supplement; not supplant.--Any amounts
made available by clause (i) shall supplement,
and not supplant, any other amounts made
available to carry out the programs described
in subclauses (I) and (II) of that clause.
(2) Injunctive relief.--The Commission may bring a civil
action to enjoin the sale, distribution, or importation into
the United States of a covered material in violation of this
Act.
(3) State enforcement.--The Commission may permit a State
to carry out enforcement under paragraph (1)(A) or (2) if the
Commission determines that the State meets such requirements as
the Commission may establish.
(4) No preemption.--Except as provided in section 4(c),
nothing in this Act shall preempt any State law.
(g) Green Guides.--In the case of a conflict between any provision
of this Act and part 260 of title 16, Code of Federal Regulations, the
provision of this Act shall control.
(h) Commission Regulations.--The Commission may promulgate such
regulations as the Commission determines are necessary to carry out
this Act.
SEC. 12. EDUCATION CAMPAIGN.
(a) In General.--The Administrator, in consultation with the
Commission, States, units of local government, Indian Tribes, material
recovery facilities, impacted industries, nonprofit organizations,
institutions of higher education, and other relevant stakeholders,
shall--
(1) develop, based on the results of studies, reports,
inventory, and data collected under the nationwide analysis
required under section 4(d), best practices that States, units
of local government, nonprofit organizations, and Indian Tribes
may use to educate consumers on the labels established pursuant
to this Act; and
(2) provide the best practices developed under paragraph
(1) to States, units of local governments, and Indian Tribes
through the Model Recycling Program Toolkit, or a similar
resource.
(b) Multiple Recovery Methods.--The Administrator shall prepare and
distribute consumer educational materials relating to the preferred
recovery method for covered materials that are considered recyclable
and compostable, based on the recovery method that creates the highest
value for post-consumer use.
SEC. 13. COMPATIBILITY.
In carrying out this Act, the Administrator shall encourage
producers, in coordination with the supply chains for the production of
labels, including substrate suppliers, converters, and ink suppliers,
to work with the recycling, composting, reuse, and refill industries to
address label compatibility challenges.
SEC. 14. SEVERABILITY.
If any provision of this Act or the application of that provision
to any person or circumstance is held to be unconstitutional, the
remaining provisions of this Act and the application of those
provisions to any person or circumstance shall not be affected.
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