,i #aaith ,,congress #ast ,session ,h4 ,r4 #fhcb ,,in ,,the ,,house ,,of ,,representatives ,december #ag1 #bjbe,mr4 ,weber of ,texas introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to amend the ,federal ,trade ,commission ,act to include requirements for recyclable1 compostable1 and reusable claims for packaging for a consumer product1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,packaging and ,claims ,knowledge ,act of #bjbe or the ,,pack ,act4 #b4 ,requirements for recyclable1 compostable1 and reusable claims for packaging for a consumer product ,the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 is amended by inserting after section #bf the following3 #bg4 ,recyclable1 compostable1 and reusable claims for packaging for a consumer product 7a7 ,compostable1 ,recyclable1 and ,reusable ,claims 7#a7 ,recyclable ,claims 7,a7 ,deceptive claims prohibited ,a person may not claim that packaging for a consumer product is recyclable if the packaging is not recyclable4 7,b7 ,qualifying claims of recycling required ,except as provided in subparagraph 7,c71 a person shall clearly and prominently qualify the description of a recyclable claim by informing consumers about the availability of recycling programs and collection sites where the item is sold-- 7i7 by including the percentage of consumers or communities that have access to recycle the packaging for the consumer product2 or 7ii7 by including qualifications that vary in strength depending on availability4 7,c7 ,exemption from qualified claims for availability ,a person is exempt from the requirement of subparagraph 7,b7 if-- 7i7 a recycling program or facility is available to a substantial majority of consumers or communities in which the consumer product is sold2 and 7ii7 the entire consumer product package1 excluding any minor incidental component1 is recyclable4 7,d7 ,not recyclable ,the following circumstances are not considered recyclable for purposes of this paragraph3 7i7 ,a case in which any component of the consumer product packaging significantly limits the ability to recycle the packaging of the consumer product4 7ii7 ,a case in which packaging for a consumer product that is made from recyclable material1 but1 because of the shape1 size1 or some other attribute of the consumer product packaging1 is not accepted in recycling programs4 7#b7 ,compostable ,claims for ,consumer ,product ,packaging 7,a7 ,deceptive claims prohibited ,a person may not make a claim that packaging for a consumer product is compostable if the packaging is not compostable4 7,b7 ,evidence required ,a person that claims packaging for a consumer product is compostable shall have competent and reliable scientific evidence that the packaging is compostable4 7,c7 ,qualifying claim of compostability required ,a person shall clearly and prominently include a qualifying description on any claim that the packaging for a consumer product is compostable to the extent necessary to inform consumers about the ability of the packaging to be composted if-- 7i7 the consumer product packaging cannot be composted safely or in a timely manner in a home compost pile or device2 7ii7 the claim misleads reasonable consumers about the environmental benefit provided when the consumer product packaging is disposed of in a landfill2 or 7iii7 municipal or institutional composting facilities are not available where the item is sold to a substantial majority of consumers or communities4 7#c7 ,reusable ,claims for ,consumer ,product ,packaging 7,a7 ,deceptive claims prohibited ,a person may not claim that packaging for a consumer product is reusable if the packaging is not reusable4 7,b7 ,means for reuse required ,a person may not make an unqualified reusable claim for consumer product packaging unless the person provides the means for reusing the packaging through-- 7i7 providing a system for the collection and reuse of the packaging2 or 7ii7 offering for sale a product that consumers can purchase to reuse the original packaging4 7#d7 ,use of ,resin ,identification ,codes ,consumer product packaging that is not eligible to bear a compostable1 recyclable1 or reusable claim shall not bear a resin identification code that is surrounded by three chasing1 triangulated arrows1 except that such packaging may bear a resin identification code that is surrounded by an equilateral triangle1 consistent with ,,astm ,international ,standard ,d#gfaa_/;,d#gfaa,m-#ai4 7#e7 ,third-party ,certification ,a person may not make a claim that packaging for a consumer product is compostable1 recyclable1 or reusable unless an accredited third-party certification body has certified such claim4 7#f7 ,rule of construction ,this section may not be construed to apply to packaging that is not for a consumer product4 7b7 ,commission ,guidance 7#a7 ,in ,general ,not later than two years after the date of the enactment of this section1 the ,commission shall issue guidance for a person to be in compliance with subsection 7a7 that includes the following3 7,a7 ,criteria for accreditation bodies to consider in accrediting third party certification bodies1 including whether-- 7i7 a third party certification body meets the requirements of ,,iso_/,,iec #agjfe3bjab1 including any amendment2 and 7ii7 such body is qualified to certify compostable1 recyclable1 and reusable claims for consumer product packaging consistent with the requirements described in this section4 7,b7 ,a consideration of different types of consumer product packaging materials1 including paper1 plastic1 glass1 metal1 or a combination thereof4 7,c7 ,a consideration of different colors1 shapes1 and sizes of consumer product packaging materials4 7#b7 ,rules and regulations prohibited ,notwithstanding section #f7;g71 the ,commission may not issue any binding rule or regulation under this section4 7#c7 ,personnel and ,formation of ,advisory ,council ,in issuing guidance and in administering the provisions of this section the ,commission shall-- 7,a7 work with and consider input from the ,administrator to leverage the knowledge of the ,environmental ,protection ,agency on issues related to waste and product lifecycle management1 including on issues relating to the use and management of compostable1 recyclable1 and reusable consumer product packaging2 and 7,b7 not later than one year after the date of the enactment of this section1 the ,commission shall establish an advisory council that meets at least annually and is comprised of subject matter and technical experts representing industry stakeholders1 including packaging material suppliers1 manufacturers of consumer products1 and entities involved in the collection and management of discarded consumer product packaging4 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and ,deceptive ,acts or ,practices ,a violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b74 7#b7 ,powers of the ,commission 7,a7 ,in ,general ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of this section were incorporated into and made a part of this section4 7,b7 ,privileges and ,immunities ,any person that violates this section shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in this ,act4 7,c7 ,compelled ,claims ,the ,commission may not compel1 require1 or otherwise mandate a person to make a claim that consumer product packaging is compostable1 recyclable1 or reusable4 7#c7 ,preemption ,a ,state and political subdivision of a ,state may not establish1 enforce1 or continue in effect any provision of law or a legal requirement that is not identical with any requirement under this section4 7d7 ,definitions ,in this section3 7#a7 ,accreditation ,the term accreditation means a determination by an accreditation body that a third-party certification body meets the applicable requirements of ,,iso_/,,iec #agjfe3bjab1 including any amendment1 and is qualified to certify compostable1 recyclable1 and reusable claims for consumer product packaging4 7#b7 ,accreditation ,body ,the term accreditation body means a person that performs accreditation of third-party certification bodies and is in compliance with ,,iso_/,,iec #agjaa3bjag1 including any amendment4 7#c7 ,accredited third-party certification body ,the term accredited third-party certification body means a third-party certification body that an accreditation body has determined meets the requirements of ,,iso_/,,iec #agjfe3bjab1 including any amendment1 and is qualified to certify and is certifying compostable1 recyclable1 and reusable claims for consumer product packaging4 7#d7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#e7 ,claim ,the term claim-- 7,a7 means any statement or representation that is conveyed through any means1 including through writing1 symbols1 marks1 graphics1 or electronic or digital links2 and 7,b7 does not include any instruction regarding how to recycle1 compost1 or reuse packaging4 7#f7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#g7 ,compostable ,the term compostable means the packaging is designed to be associated with materials collected for composting that meets ,,astm or equivalent industrial compostability standards1 and similarly appropriate standards for the case of home compostability1 and is capable of breaking down into1 or otherwise becoming part of1 stable and mature compost at an appropriate industrial composting facility1 or in a home compost pile or device4 7#h7 ,consumer ,product ,the term consumer product means-- 7,a7 any tangible product2 7,b7 that is-- 7i7 sold1 offered for sale1 or distributed in the ,united ,states1 or intended to be sold1 offered for sale1 or distributed in the ,united ,states2 and 7ii7 to a person that is an individual consumer and not a trust1 firm1 joint stock company1 corporation 7including a government corporation71 partnership1 association1 ,state1 municipality1 commission1 political subdivision of a ,state1 or any interstate body1 including any department1 agency1 and instrumentality of the ,united ,states2 and 7,c7 which is normally used or consumed by an individual consumer1 including for personal1 recreational1 educational1 family1 household1 or personal property maintenance or care purposes1 including any product that is ordinarily available for purchase by an individual consumer4 7#i7 ,packaging ,the term packaging means any material that is used for the containment1 protection1 handling1 delivery1 and presentation of a tangible product that is sold1 offered for sale1 or distributed in the ,united ,states4 7#aj7 ,person ,the term person means any individual1 partnership1 corporation1 trust1 estate1 cooperative1 association1 or other entity4 7#aa7 ,recyclable ,the term recyclable means that packaging can be collected1 sorted1 reprocessed1 and ultimately reused in manufacturing or to make another item4 7#ab7 ,reusable ,the term reusable means the packaging is designed to accomplish within the life cycle of the packaging more than one trip1 rotation1 or use for the same purpose for which the packaging was primarily designed4 7#ac7 ,substantial majority ,the term substantial majority means #fj percent or more4 7#ad7 ,third-party ,certification ,body ,the term third-party certification body means a person that is eligible to be considered for accreditation to evaluate1 develop1 and certify compostable1 recyclable1 and reusable claims for consumer product packaging4 4