,,ii #aaith ,,congress #b;d ,session ,s4 #ecjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f1 #bjbf,mr4 ,merkley introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to create national standards for labeling of covered materials as recyclable1 compostable1 reusable1 and refillable1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,truth in ,labeling ,act of #bjbf4 #b4 ,findings ,congress finds that-- 7#a7 there is significant consumer confusion about which covered materials are recyclable1 compostable1 reusable1 or refillable2 7#b7 nationwide definitions of the terms recyclable1 compostable1 reusable1 and refillable would provide-- 7,a7 producers and consumers clarity in how to recycle1 compost1 reuse1 or refill labeled products2 and 7,b7 consumers confidence that covered materials that have a chasing arrows symbol1 or an equivalent symbol for recyclable1 compostable1 reusable1 or refillable1 are properly labeled2 7#c7 the improper use of the chasing arrows symbol1 or an equivalent symbol indicating that a covered material is recyclable1 compostable1 reuseable1 or refillable1 leads to confusion and qualifies as a deceptive practice under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq472 7#d7 encouraging producers to design their covered materials to be recyclable1 compostable1 reusable1 or refillable would reduce waste and emissions1 help the environment1 protect resources1 lower expenses for businesses1 communities1 and consumers1 and diminish the need for virgin raw materials2 7#e7 proper labeling of covered materials would encourage end-use consumers to properly recycle1 compost1 reuse1 and refill covered materials1 including packaging1 food service products1 and beverage containers2 7#f7 understanding what does not qualify as recyclable1 compostable1 reusable1 or refillable is critical for producers1 ,state and local governments1 and consumers2 7#g7 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 label2 7#h7 establishing definitions of the terms recyclable1 compostable1 reusable1 and refillable that can be updated as technology and systems advance would benefit consumers1 producers1 ,state and local governments1 and waste management facilities2 7#i7 having clear1 consistent labels would-- 7,a7 assist material recovery facilities and municipalities in their efforts to recycle and compost covered materials2 7,b7 assist in educating the public about those efforts2 and 7,c7 reduce costs and waste2 and 7#aj7 part #bfj of title #af1 ,code of ,federal ,regulations 7commonly referred to as the ,green ,guides71 provides rules for marketing claims that are outdated and do not provide sufficient information to establish labeling criteria at the national level4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #i4 7#c7 ,beverage container ,the term beverage container means a consumer prepackaged container that-- 7,a7 is designed to hold a beverage2 7,b7 is made of any material1 including glass1 plastic1 fiber1 paper1 and metal1 or a combination thereof2 and 7,c7 has a volume of not less than #ej milliliters and not more than #c liters4 7#d7 ,chasing arrows symbol ,the term chasing arrows symbol means-- 7,a7 an equilateral triangle1 formed by #c arrows curved at their midpoints1 depicting a clockwise path1 with a short gap separating the apex of each arrow from the base of the adjacent arrow2 and 7,b7 any variant of the symbol described in subparagraph 7,a7 that is likely to be reasonably interpreted by an ordinary consumer as indicating that a covered material is recyclable1 including one or more arrows arranged in a circular pattern or around a globe4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,compost ,the term compost means a product-- 7,a7 manufactured through the controlled aerobic1 biological decomposition of biodegradable materials2 7,b7 that has undergone treatment at mesophilic and thermophilic temperatures2 and 7,c7 that is beneficial to plant growth4 7#g7 ,compostable 7,a7 ,in general ,the term compostable1 with respect to a covered material1 means that the covered material-- 7i7 is capable of undergoing aerobic biological decomposition in a compost system1 such that the covered material becomes visually indistinguishable from the rest of the material and breaks down into carbon dioxide1 water1 inorganic compounds1 and biomass2 and 7ii7 otherwise meets the criteria described in section #f7;b74 7#h7 ,covered material ,the term covered material means1 regardless of whether the material is recyclable1 compostable1 reusable1 or refillable1 and regardless of the material type1 a material that is-- 7,a7 packaging2 7,b7 a food service product2 or 7,c7 a beverage container4 7#i7 ,food service product ,the term food service product means an item associated with a food product provided to a consumer1 regardless of whether the item is recyclable1 compostable1 reusable1 or refillable1 including-- 7,a7 a drink cup2 7,b7 a drink lid2 7,c7 a food package2 7,d7 a food container2 7,e7 a plate2 7,f7 a bowl2 7,g7 a sleeve2 7,h7 a straw2 7,i7 a tray2 7,j7 a utensil2 7,k7 a food wrap2 and 7,l7 such other items as the ,administrator1 in coordination with the ,commission1 determines to be appropriate4 7#aj7 ,packaging 7,a7 ,in general ,the term packaging means any separable and distinct material piece1 regardless of whether the material piece is recyclable1 compostable1 reusable1 or refillable1 used for the containment1 protection1 handling1 delivery1 and presentation of goods that are sold1 offered for sale1 or distributed to consumers in the ,united ,states1 including through an internet transaction4 7,b7 ,inclusions ,the term packaging includes an item described in subparagraph 7,a7 that is-- 7i7 sales packaging or primary packaging intended for the consumer market2 7ii7 service packaging designed and intended to be used or filled at the point of sale1 such as carry-out bags1 bulk good bags1 take-out bags1 and home delivery food service products2 7iii7 secondary packaging used to group products for multiunit sale2 or 7iv7 a packaging component or ancillary element integrated into packaging1 including an ancillary element directly hung onto or attached to a product and that performs a packaging function1 except-- 7,i7 an element of the packaging with a de minimis weight or volume1 as determined by the ,administrator2 and 7,,ii7 a component or element that is an integral part of the product1 if all components or elements of the product are intended to be consumed or disposed of together4 7,c7 ,exclusions ,the ,administrator may exempt from the term packaging under this paragraph a material that the ,administrator determines-- 7i7 is de minimis2 and 7ii7 does not impact the recyclability1 compostability1 reusability1 or refillability of the package4 7#aa7 ,person 7,a7 ,in general ,the term person means an individual or entity described in subparagraph 7,b7 that sells1 offers for sale1 or distributes a covered material in the ,united ,states-- 7i7 directly to consumers2 or 7ii7 to an individual or entity described in subparagraph 7,b7 that sells1 offers for sale1 or distributes the covered material in the ,united ,states to consumers4 7,b7 ,entities described ,an entity referred to in subparagraph 7,a7 is a corporation1 company1 partnership1 joint venture1 association1 joint-stock company1 trust1 estate of a deceased individual1 foundation1 fund1 institution1 society1 union1 or club1 regardless of whether such entity is incorporated4 7#ab7 ,plastic 7,a7 ,in general ,the term plastic means a synthetic or semisynthetic material that is-- 7i7 synthesized by the polymerization of organic substances2 and 7ii7 capable of being shaped into various rigid or flexible forms4 7,b7 ,inclusions ,the term plastic includes any coating or adhesive material described in subparagraph 7,a74 7,c7 ,exclusions ,the term plastic does not include-- 7i7 natural rubber2 or 7ii7 material containing only naturally occurring polymers1 such as proteins and starches4 7#ac7 ,producer ,the term producer1 with respect to a covered material1 means-- 7,a7 the person that affixes1 or directs to affix1 to the covered material a chasing arrows symbol1 a label1 or any other marking that indicates that the covered material is recyclable1 compostable1 reusable1 or refillable2 or 7,b7 if the covered material was labeled as recyclable1 compostable1 reusable1 or refillable in accordance with this ,act and has subsequently been modified such that the covered material is not recyclable1 compostable1 reusable1 or refillable1 respectively1 the person that so modified the covered material4 7#ad7 ,qualified claim of compostability ,the term qualified claim of compostability means a qualified claim of compostability described in section #f7;a77#b74 7#ae7 ,qualified claim of recyclability ,the term qualified claim of recyclability means a qualified claim of recyclability described in section #e7;a77#b74 7#af7 ,recyclable ,the term recyclable1 with respect to a covered material1 means that the covered material meets the criteria described in section #e7;b74 7#ag7 ,refillable ,the term refillable1 with respect to a covered material1 means that the covered material-- 7,a7 is designed to be-- 7i7 refilled by consumers multiple times for the same or a similar purpose and in the original format of the covered material2 and 7ii7 sold or provided to consumers once for the duration of the usable life of the covered material2 and 7,b7 otherwise meets the criteria described in section #g7;b74 7#ah7 ,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 ,d#gfaa_/;,d#gfaa,m-#ba-- 7,a7 as in effect on the date of enactment of this ,act2 or 7,b7 as revised after the date of enactment of this ,act1 if the revision is approved by the ,administrator4 7#ai7 ,responsible end market ,the term responsible end market means a material market1 and intermediate supply chain entities1 that-- 7,a7 is where collected1 processed1 and separated covered materials are purchased and manufactured into new1 saleable products or feedstock2 7,b7 has sufficient capacity to handle the quantity of covered materials collected2 and 7,c7 recovers covered materials and disposes of contaminants in a manner that minimizes environmental harm and risks to public health and worker health and safety4 7#bj7 ,reusable ,the term reusable1 with respect to a covered material1 means that the covered material-- 7,a7 is intentionally designed and marketed to be recovered1 inspected1 repaired 7if necessary71 and reissued by producers into the supply chain for convenient and safe reuse for multiple cycles2 and 7,b7 otherwise meets the criteria described in section #g7;b74 7#ba7 ,united ,states ,the term ,united ,states means the #ej ,states1 the ,district of ,columbia1 and the territories and possessions of the ,united ,states4 #d4 ,covered material labeling 7a7 ,in general ,if a producer affixes a label or marking on a covered material1 on the volition of the producer or by contractual obligation1 that states1 or that an ordinary consumer would reasonably interpret to indicate1 that the covered material is recyclable1 compostable1 reusable1 or refillable1 the label or marking shall-- 7#a7 be legible1 clear1 and on the appropriate side of the covered material1 such that the ordinary consumer can easily read and understand the label or marking2 7#b7 be consistent with the standardized on-package label established under section #h7;a72 7#c7 indicate whether the covered material is-- 7,a7 recyclable2 7,b7 compostable2 7,c7 reusable2 or 7,d7 refillable2 7#d7 be compatible with the intended method of discard for the covered material1 including any shrink sleeve2 7#e7 not require removal by consumers to be compatible with the intended method of discard2 and 7#f7 be in accordance with section #e1 #f1 or #g1 as applicable4 7b7 ,requirement ,if a covered material is not recyclable1 eligible for a qualified claim of recyclability1 compostable1 eligible for a qualified claim of compostability1 reusable1 or refillable1 the producer of the covered material shall ensure that the covered material does not include any label or marking1 including the chasing arrows symbol or any equivalent1 that would-- 7#a7 lead an ordinary consumer to believe that the item is recyclable1 compostable1 reusable1 or refillable1 respectively2 or 7#b7 direct a consumer to recycle1 compost1 reuse1 or refill1 respectively1 the covered material4 7c7 ,resin identification code 7#a7 ,in general ,all plastic covered materials sold1 offered for sale1 distributed1 or imported into the ,united ,states shall be labeled with a resin identification code1 which may not be placed inside a chasing arrows symbol1 unless-- 7,a7 the plastic covered material meets the criteria described in section #e2 and 7,b7 placement inside a chasing arrows symbol is the only physically feasible placement1 as determined by the ,administrator4 7#b7 ,preemption ,no ,state may impose any requirement that conflicts with the requirement under paragraph 7#a74 7d7 ,nationwide analysis ,for purposes of developing the standardized on-package label required under section #h7;a71 the ,administrator1 in coordination with the ,commission and with consideration of the findings and recommendations of the ,advisory ,committee1 shall-- 7#a7 conduct a nationwide analysis of covered material recycling1 composting1 reuse1 and refill facilities to identify which covered materials are commonly collected1 sorted1 sold1 or transferred for recycling1 composting1 reuse1 and refill in the ,united ,states that meet the requirements of this ,act2 and 7#b7 publish a list of categories of covered material identified under paragraph 7#a74 7e7 ,submission of supporting evidence 7#a7 ,in general ,producers1 individually or collectively1 may submit to the ,administrator technical studies1 sorting and processing trials1 material flow analyses1 end-market assessments1 or other evidence to support the classification of a covered material as recyclable1 compostable1 reusable1 or refillable4 7#b7 ,consideration ,the ,administrator1 in coordination with the ,commission1 and with consideration of the findings and recommendations of the ,advisory ,committee1 shall review any evidence submitted under paragraph 7#a7 when establishing or revising determinations for recyclable1 compostable1 reusable1 and refillable classifications4 #e4 ,recyclable criteria 7a7 ,in general ,the producer of a covered material shall not include-- 7#a7 a claim that the covered material is recyclable unless the covered material is considered recyclable under this ,act2 or 7#b7 a qualified claim of recyclability unless the covered material meets the requirements under subsection 7c74 7b7 ,criteria ,a covered material shall be considered recyclable if-- 7#a7 the covered material is made in accordance with the design guidelines of the industry of the covered material1 if approved by the ,administrator1 including-- 7,a7 the ,association of ,plastic ,recyclers ,design ,guide2 7,b7 the ,recycled ,materials ,association ,fiber ,recycling ,readiness ,tool2 7,c7 the ,can ,manufacturers ,institute ,steel ,container ,design ,guide for ,recyclability2 7,d7 the ,american ,forest and ,paper ,association ,design ,guidance for ,recyclability2 7,e7 the ,glass ,guide on ,recycling2 and 7,f7 the ,recycling ,partnership ,circular ,packaging ,assessment2 7#b7 the covered material does not include any component1 including inks and adhesives1 that prevents the product from being recycled1 unless the covered material includes clear1 on-package instructions that describe how to remove and properly dispose of a separable component that is not recyclable2 7#c7 the covered material is collected1 separated1 or otherwise recovered from the waste stream through an established recycling program for which a responsible end market exists that covers at least #fj percent of consumers or communities where the item is sold2 and 7#d7 the covered material has a commercial value for recycling and a responsible end market4 7c7 ,qualified claims of recyclability ,a covered material shall be eligible for a qualified claim of recyclability if-- 7#a7 the covered material is collected1 separated1 or otherwise recovered from the waste stream through an established recycling program for which a responsible end market exists that covers at least #dj percent of consumers or communities where the item is sold2 7#b7 the covered material meets the requirements described in paragraphs 7#a71 7#b71 and 7#d7 of subsection 7b72 7#c7 the qualified claim of recyclability is consistent with the standardized on-package label established under section #h7;a72 7#d7 except as provided in this subsection1 the qualified claim of recyclability is made in accordance with any other requirements under this ,act relating to recyclable covered materials2 and 7#e7 the ,administrator has approved a plan demonstrating a reasonable and time-bound pathway for the covered material to be considered recyclable under this ,act1 including compliance with subsection 7b77#c71 not later than #b years after the date of approval of the plan4 7d7 ,regulations 7#a7 ,in general ,the ,administrator1 in coordination with the ,commission1 and with consideration of the findings and recommendations of the ,advisory ,committee1 shall issue regulations for-- 7,a7 determining whether a covered material meets the criteria described in subsection 7b7 or 7c72 and 7,b7 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 material4 7#b7 ,requirement ,in carrying out paragraph 7#a71 the ,administrator1 in coordination with the ,commission1 shall strive to issue regulations that reduce the amount of recyclable goods that are not accepted at a responsible end market4 7e7 ,publication of covered materials ,not later than #ah months after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall publish a list of covered materials that meet the requirements of this section4 7f7 ,exclusion ,for purposes of this ,act1 the conversion of a covered material into fuel1 fuel ingredients1 or fuel substitutes or the use of a covered material for the generation of electricity1 heat1 or steam shall not-- 7#a7 be considered recycling2 7#b7 count towards the #fj percent threshold1 or be considered a responsible end market1 described in subsection 7b77#c72 or 7#c7 count towards the #dj percent threshold1 or be considered a responsible end market1 described in subsection 7c77#a74 #f4 ,compostable criteria 7a7 ,in general ,the producer of a covered material shall not include-- 7#a7 a claim that the covered material is compostable unless the covered material is considered compostable under this ,act2 or 7#b7 a qualified claim of compostability unless the covered material meets the requirements under subsection 7c74 7b7 ,criteria ,a covered material shall be considered compostable if the covered material-- 7#a7 is designed to be compostable in accordance with the design standards and guidelines of the industry of the covered material2 7#b7 at a minimum-- 7,a7 adheres to ,,astm ,international #fdjj1 #fhfh1 or equivalent standard specifications that test the ability of the covered material to break down into compost2 and 7,b7 does not contain intentionally added perfluoroalkyl or polyfluoroalkyl substances or heavy metals that are incompatible with compost2 7#c7 is capable of being collected and accepted by at least #ej percent of the established composting programs in the ,united ,states2 and 7#d7 is processed by itself or with other covered material categories through controlled biological degradation to make compost or a substantially similar soil amendment4 7c7 ,qualified claims of compostability ,a covered material shall be eligible for a qualified claim of compostability if-- 7#a7 the covered material is capable of being collected and accepted by at least #cj percent of the established composting programs in the ,united ,states2 7#b7 the covered material meets the requirements described in paragraphs 7#a71 7#b71 and 7#d7 of subsection 7b72 7#c7 the qualified claim of compostability is consistent with the standardized on-package label established under section #h7;a72 and 7#d7 except as provided in this subsection1 the qualified claim of compostability is made in accordance with any other requirements under this ,act relating to compostable covered materials4 7d7 ,regulations ,the ,administrator1 in coordination with the ,commission1 and with consideration of the recommendations of the ,advisory ,committee1 shall issue guidance or regulations for-- 7#a7 determining whether a covered material meets the criteria described in subsection 7b7 or 7c72 and 7#b7 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 material4 7e7 ,limitation for plastic or plastic-,lined covered materials ,if a plastic or plastic-lined covered material is not compostable1 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 compostable1 such as-- 7#a7 green or brown tinting1 coloring1 or striping2 7#b7 a green or brown certification logo1 unless approved by the ,administrator2 or 7#c7 any other design1 logo1 or similar marking that the ,administrator determines is deceptive or misleading4 7f7 ,publication of covered materials ,not later than #bgj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall publish a list of covered materials that meet the requirements of this section4 #g4 ,reusable and refillable criteria 7a7 ,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 ,act4 7b7 ,criteria ,a covered material shall be considered reusable or refillable if the covered material-- 7#a7 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 material1 such as the ,american ,national ,standards ,institute2 7#b7 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 material2 7#c7 at a minimum1 can be recirculated or refilled multiple times1 as determined by the ,administrator1 for the same or a similar purpose in the original format of the covered material2 7#d7 is supported by a system or physical infrastructure that is-- 7,a7 in place to ensure the possibility and likelihood of reuse or refill2 7,b7 provided by a producer or a third party2 and 7,c7 designed for convenient reuse or refill2 and 7#e7 is not intended for single use by a consumer4 7c7 ,regulations ,the ,administrator1 in coordination with the ,commission1 and with consideration of the findings and recommendations of the ,advisory ,committee1 shall issue regulations for determining whether a covered material meets the criteria described in subsection 7b74 7d7 ,publication of covered materials ,not later than #bgj days after the date of enactment of this ,act1 and every #b years thereafter1 the ,administrator shall publish a list of covered materials that meet the requirements of this section4 #h4 ,development of and changes to standardized labels 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,commission1 and with consideration of the findings and recommendations of the ,advisory ,committee1 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 recyclable1 compostable1 reusable1 or refillable in accordance with this ,act1 including-- 7#a7 harmonized iconography to demonstrate the proper disposal pathway2 7#b7 harmonized terminology and descriptions1 including1 as necessary1 instructions for-- 7,a7 qualified claims of recyclability2 7,b7 qualified claims of compostability2 and 7,c7 preparing covered materials for disposal2 and 7#c7 recommended on-package placements1 size1 and typography to ensure legibility and accessibility4 7b7 ,digital labeling ,the ,administrator1 in coordination with the ,commission1 may1 for the purpose of providing additional information to the on-package label standardized under subsection 7a71 establish or approve a standardized digital label1 which may include a ,quick ,response code or a similar technology1 for any covered material that may be used by producers in addition to the standardized on-package label described in that subsection4 7c7 ,review and revisions ,not less frequently than once every #e years after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,commission1 and with consideration of the findings and recommendations of the ,advisory ,committee1 after providing notice and an opportunity for public comment1 shall-- 7#a7 review the label standards established under subsections 7a7 and 7b71 including a review of ongoing label compatibility challenges and best practices2 and 7#b7 as necessary1 revise the label standards under subsections 7a7 and 7b7 based on the review under paragraph 7#a74 #i4 ,advisory ,committee 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 standards that should apply to the criteria for the terms recyclable1 compostable1 reusable1 and refillable under sections #e7;b71 #f7;b71 and #g7;b72 7#b7 standards that should apply for qualified claims of recyclability and qualified claims of compostability2 and 7#c7 standardized labeling and guidelines for recyclable1 compostable1 reusable1 and refillable covered materials4 7b7 ,membership 7#a7 ,ex officio members ,the ,administrator 7or an appointee of the ,administrator7 and a representative appointed by the ,commission shall serve as ex officio members of the ,advisory ,committee4 7#b7 ,composition ,in addition to the ex officio members of the ,advisory ,committee described in paragraph 7#a71 the ,advisory ,committee shall be composed of the following members1 who shall be selected by the ex officio members3 7,a7 #h representatives of relevant industries1 including consumer brands1 the recycled materials industry1 the composting industry1 the reuse industry1 the refill industry1 and packaging manufacturers1 including #a representative each from paper mills and aluminum smelters2 7,b7 #e representatives of material recovery facilities1 including-- 7i7 #c representatives of material recovery facilities serving urban or suburban communities2 and 7ii7 #b representatives of material recovery facilities serving rural or disadvantaged communities2 7,c7 #d representatives of environmental or sustainability organizations2 7,d7 #b representatives from other relevant nonprofit organizations2 7,e7 #b representatives of other technical experts2 7,f7 #c representatives from ,state governments2 and 7,g7 #c representatives from local governments4 7c7 ,meetings ,after selection of the members of the ,advisory ,committee1 the ex officio members shall convene the ,advisory ,committee-- 7#a7 regularly until the date on which the criteria standards and labeling standards described in paragraphs 7#a7 through 7#c7 of subsection 7a7 are initially established2 and 7#b7 after the date described in paragraph 7#a71 not less frequently than annually4 7d7 ,public participation 7#a7 ,in general ,each meeting of the ,advisory ,committee shall be open to the public4 7#b7 ,public comment ,the ,advisory ,committee shall solicit public comment with respect to the establishment of the criteria standards and labeling standards described in paragraphs 7#a7 through 7#c7 of subsection 7a74 7e7 ,exemption from ,administrative ,procedure ,act ,subchapter ,,ii of chapter #e1 and chapter #g1 of title #e1 ,united ,states ,code 7commonly known as the ,administrative ,procedure ,act71 shall not apply to the ,advisory ,committee4 #aj4 ,reports to ,congress ,not later than #a year after the date of enactment of this ,act1 and on an annual basis thereafter1 the ,administrator and the ,commission shall submit to ,congress a report that-- 7#a7 provides-- 7,a7 updates on the implementation of this ,act1 including educational and outreach efforts2 7,b7 obstacles to the implementation of this ,act2 7,c7 updates on changes to available technologies that would impact the criteria for the terms recyclable1 compostable1 reusable1 and refillable under sections #e7;b71 #f7;b71 and #g7;b72 and 7,d7 7i7 a list of covered materials that are1 and covered materials that are not1 considered recyclable1 compostable1 reusable1 or refillable under this ,act1 as determined under sections #d through #g2 and 7ii7 a description of any barriers that inhibit covered materials from being considered recyclable1 compostable1 reusable1 or refillable under this ,act2 7#b7 evaluates and assesses the implementation of this ,act with respect to the criteria described in paragraph 7#a77;,c71 as aggregated by covered material and geographic area2 and 7#c7 evaluates and assesses consumer understanding of-- 7,a7 the terms recyclable1 compostable1 reusable1 and refillable2 7,b7 the chasing arrows symbol and similar labels used for recyclable1 compostable1 reusable1 and refillable covered materials2 and 7,c7 resin identification codes4 #aa4 ,enforcement 7a7 ,general prohibition ,beginning on the date that is #b years after the date on which the ,administrator1 in coordination with the ,commission1 establishes or approves standardized on-package labels under section #h7;a71 it shall be considered a deceptive practice under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 for any producer of a covered material to sell1 use1 distribute1 or import in commerce any covered material1 except in compliance with this ,act4 7b7 ,recyclable criteria 7#a7 ,in general ,beginning on the date that is #b years after the date on which the ,administrator1 in coordination with the ,commission1 establishes or approves standardized on-package labels under section #h7;a7 but subject to paragraph 7#b71 it shall be considered a deceptive practice and unlawful under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for any producer of a covered material to sell1 use1 distribute1 or import in commerce any covered material that displays-- 7,a7 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 ,act2 or 7,b7 a chasing arrows symbol surrounding a resin identification code1 as prohibited by section #d7;c74 7#b7 ,exceptions 7,a7 ,establishment or revision of standards ,paragraph 7#a7 does not apply to a covered material-- 7i7 if the covered material is manufactured before the date that is #ah months after the date on which the ,administrator1 in consultation with the ,commission1 publishes the standardized on-package labels under section #h7;a71 including any revisions2 or 7ii7 if-- 7,i7 the ,administrator revises the criteria standards for recyclability2 7,,ii7 the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision2 and 7,,iii7 the covered material is manufactured before the date that is #ah months after the date of the revision4 7,b7 ,other exceptions ,for purposes of this subsection1 none of the following constitutes a deceptive or misleading claim about the recyclability of a covered material3 7i7 ,symbology ,a person using a chasing arrows symbol in combination with a clearly visible line placed at a #de-;degree angle over the chasing arrows symbol to convey that an item is not recyclable4 7ii7 ,resin identification codes ,a resin identification code placed inside a solid equilateral triangle4 7iii7 ,qualified claim ,a qualified claim of recyclability4 7#c7 ,use on nonrecyclable products ,subject to paragraph 7#b71 if the entirety of a covered material is not recyclable but components of the covered material are recyclable1 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 font1 font size1 or symbol size-- 7,a7 which components of the covered material are not recyclable2 and 7,b7 how to properly remove those components4 7#d7 ,applicability to consumable products 7,a7 ,definition of consumable product ,in this paragraph1 the term consumable product means a commodity that is intended to be used and not disposed of4 7,b7 ,rule ,for purposes of this subsection1 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 packaging4 7c7 ,compostable criteria 7#a7 ,in general ,beginning on the date that is #b years after the date on which the ,administrator1 in coordination with the ,commission1 establishes or approves standardized on-package labels under section #h7;a7 but subject to paragraph 7#b71 it shall be considered a deceptive practice and unlawful under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for any producer of a covered material to sell1 use1 distribute1 or import in commerce any covered material that displays a symbol approved to indicate that a product is compostable1 any statement indicating that the covered material is compostable1 or otherwise directing the consumer to compost the covered material unless the covered material is considered compostable under this ,act4 7#b7 ,exceptions 7,a7 ,establishment or revision of standards ,paragraph 7#a7 does not apply to a covered material-- 7i7 if the covered material is manufactured before the date that is #ah months after the date on which the ,administrator1 in consultation with the ,commission1 publishes the standardized on-package labels under section #h7;a71 including any revisions2 or 7ii7 if-- 7,i7 the ,administrator1 in consultation with the ,commission1 revises the criteria standards for compostable2 7,,ii7 the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision2 and 7,,iii7 the covered material is manufactured before the date that is #ah months after the date of the revision4 7,b7 ,other exceptions ,for purposes of this subsection1 none of the following constitutes a deceptive or misleading claim about a covered material as being compostable3 7i7 ,symbology ,a person using a compostable symbol in combination with a clearly visible line placed at a #de-;degree angle over the compostable symbol to convey that an item is not compostable4 7ii7 ,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 compostable4 7iii7 ,qualified claim ,a qualified claim of compostability4 7#c7 ,use on noncompostable products ,subject to paragraph 7#b71 if the entirety of a covered material is not compostable but components of the covered material are compostable1 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 font1 font size1 or symbol size-- 7,a7 which components of the covered material are not compostable2 and 7,b7 how to remove and dispose of those components4 7#d7 ,applicability to consumable products 7,a7 ,definition of consumable product ,in this paragraph1 the term consumable product means a commodity that is intended to be used and not disposed of4 7,b7 ,rule ,for purposes of this subsection1 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 packaging4 7d7 ,reusable and refillable criteria 7#a7 ,in general ,beginning on the date that is #b years after the date on which the ,administrator1 in coordination with the ,commission1 establishes or approves standardized on-package labels under section #h7;a7 but subject to paragraph 7#b71 it shall be considered a deceptive practice and unlawful under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7 for any producer of a covered material to sell1 use1 distribute1 or import in commerce any covered material that displays a symbol approved to indicate that a product is reusable or refillable1 any statement indicating that the product or packaging is reusable or refillable1 or otherwise directing the consumer to reuse or refill the covered material unless the covered material is considered reusable or refillable under this ,act4 7#b7 ,exception ,paragraph 7#a7 does not apply to a covered material-- 7,a7 if the covered material is manufactured before the date that is #ah months after the date on which the ,administrator1 in consultation with the ,commission1 publishes the standardized on-package labels under section #h7;a71 including any revisions2 or 7,b7 if-- 7i7 the ,administrator1 in consultation with the ,commission1 revises the criteria standards for reusable or refillable2 7ii7 the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision2 and 7iii7 the covered material is manufactured before the date that is #ah months after the date of the revision4 7e7 ,safe harbor 7#a7 ,in general ,a covered material included on a list published under section #e7;e71 #f7;f71 or #g7;d7 shall be considered recyclable1 compostable1 or reusable or refillable1 respectively1 for purposes of subsection 7b77#a77;,a71 7c77#a71 or 7d77#a71 respectively4 7#b7 ,grace period ,if a covered material is removed from a list published under section #e7;e71 #f7;f71 or #g7;d71 for the #a-year period beginning on the date of removal1 the covered material shall be considered recyclable1 compostable1 or reusable or refillable1 respectively1 for purposes of subsection 7b77#a77;,a71 7c77#a71 or 7d77#a71 respectively4 7f7 ,penalties 7#a7 ,civil penalty 7,a7 ,notification ,in the case of a violation of this section1 not later than #cj days after the date of a finding of the ,commission of that violation1 the ,commission shall provide the person that violated this section notice of the violation and a #ahj-;day period to rectify the violation4 7,b7 ,fines ,any person that violates this section1 is provided notice under subparagraph 7,a71 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 #e7m77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de7m77#a77;,b774 7,c7 ,use of funds 7i7 ,in general ,any fines collected under subparagraph 7,b7 shall be available to and used by the ,administrator1 without further appropriations1 to carry out-- 7,i7 the ,solid ,waste ,infrastructure for ,recycling grant program authorized by section #cjb7;a7 of the ,save ,our ,seas #b4j ,act 7#cc ,u4,s4,c4 #dbhb7;a772 7,,ii7 the ,consumer ,recycling ,education and ,outreach ,grant ,program established under section #gjdjb7;b7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #fiff;d7b77 to enhance recycling1 composting1 reuse1 and refill infrastructure and education2 and 7,,iii7 any educational or outreach program authorized by this ,act4 7ii7 ,supplement2 not supplant ,any amounts made available by clause 7i7 shall supplement1 and not supplant1 any other amounts made available to carry out the programs described in subclauses 7,i7 and 7,,ii7 of that clause4 7#b7 ,injunctive relief ,the ,commission may bring a civil action to enjoin the sale1 distribution1 or importation into the ,united ,states of a covered material in violation of this ,act4 7#c7 ,state enforcement ,the ,commission may permit a ,state to carry out enforcement under paragraph 7#a77;,a7 or 7#b7 if the ,commission determines that the ,state meets such requirements as the ,commission may establish4 7#d7 ,no preemption ,except as provided in section #d7;c71 nothing in this ,act shall preempt any ,state law4 7g7 ,green guides ,in the case of a conflict between any provision of this ,act and part #bfj of title #af1 ,code of ,federal ,regulations1 the provision of this ,act shall control4 7h7 ,commission regulations ,the ,commission may promulgate such regulations as the ,commission determines are necessary to carry out this ,act4 #ab4 ,education campaign 7a7 ,in general ,the ,administrator1 in consultation with the ,commission1 ,states1 units of local government1 ,indian ,tribes1 material recovery facilities1 impacted industries1 nonprofit organizations1 institutions of higher education1 and other relevant stakeholders1 shall-- 7#a7 develop1 based on the results of studies1 reports1 inventory1 and data collected under the nationwide analysis required under section #d7;d71 best practices that ,states1 units of local government1 nonprofit organizations1 and ,indian ,tribes may use to educate consumers on the labels established pursuant to this ,act2 and 7#b7 provide the best practices developed under paragraph 7#a7 to ,states1 units of local governments1 and ,indian ,tribes through the ,model ,recycling ,program ,toolkit1 or a similar resource4 7b7 ,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 compostable1 based on the recovery method that creates the highest value for post-consumer use4 #ac4 ,compatibility ,in carrying out this ,act1 the ,administrator shall encourage producers1 in coordination with the supply chains for the production of labels1 including substrate suppliers1 converters1 and ink suppliers1 to work with the recycling1 composting1 reuse1 and refill industries to address label compatibility challenges4 #ad4 ,severability ,if any provision of this ,act or the application of that provision to any person or circumstance is held to be unconstitutional1 the remaining provisions of this ,act and the application of those provisions to any person or circumstance shall not be affected4