,,ii #aaith ,,congress #b;d ,session ,s4 #efgd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #cj1 #bjbf,mr4 ,curtis introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit a person from making a misleading recycled content claim in advertising1 marketing1 selling1 or offering for sale a product to a consumer1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,recycled ,materials ,attribution ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,purpose4,sec4 #c4 ,definitions4,sec4 #d4 ,recycled content claims4,sec4 #e4 ,enforcement by ,federal ,trade ,commission4,sec4 #f4 ,preemption4,sec4 #g4 ,applicability4 #b4 ,purpose ,it is the purpose of this ,act to clarify that mass balance accounting is an acceptable method for substantiating recycled content claims and analogous claims if the use of mass balance accounting complies with the requirements of a third-party certification system4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,competent and reliable scientific evidence ,the term competent and reliable scientific evidence means any test1 analysis1 research1 or study that-- 7,a7 has been conducted and evaluated in an objective manner by an expert in the relevant field2 7,b7 is generally accepted in the profession to yield accurate and reliable results2 and 7,c7 is sufficient in quality and quantity based on standards generally accepted in the relevant scientific field to substantiate that a representation is true when considered in light of the entire body of relevant scientific evidence4 7#c7 ,mass balance accounting ,the term mass balance accounting means a valid chain-of-custody methodology that allows a manufacturing supply chain-- 7,a7 to mix or co-process alternative feedstocks1 including pre-consumer material and post-consumer material1 with conventional feedstocks2 and 7,b7 to allocate the mass of such alternative feedstocks to final products on the basis of documented inputs and outputs4 7#d7 ,post-consumer material ,the term post-consumer material-- 7,a7 means a subset of recovered material or product that has completed its life cycle1 served its intended end-use1 and been recovered or diverted from waste destined for disposal2 and 7,b7 includes any term used to describe post-consumer material content in products1 including post-consumer waste and post-consumer recycled4 7#e7 ,pre-consumer material ,the term pre-consumer material-- 7,a7 means a waste material or scrap that has been diverted or recovered from solid waste during the manufacturing of a product1 including any trimming1 stamping1 faulty part generated during the manufacturing process1 obsolete inventory1 and overrun2 and 7,b7 does not include reutilization of any material1 such as rework1 regrind1 or scrap generated in a process and capable of being reclaimed within the same process that generated the material4 7#f7 ,recycled ,the term recycled means a material that has been processed through recycling4 7#g7 ,recycled content ,the term recycled content means the quantity of pre-consumer materials and post-consumer materials recovered or otherwise diverted from the waste stream through recycling for use in the production of a new1 salable product4 7#h7 ,recycled content claim ,the term recycled content claim includes any claim or representation regarding the recycled nature of a product or material1 including a claim or representation that a product or material is made of recycled content1 recycled plastics1 recycled materials1 or similar terminology4 7#i7 ,recycling 7,a7 ,in general ,the term recycling means a series of activities that includes-- 7i7 the collection of used1 reused1 or unused items that would otherwise be considered waste2 7ii7 sorting and processing such items into raw materials2 and 7iii7 remanufacturing the raw materials into a new1 salable product4 7,b7 ,inclusion ,the term recycling includes the following3 7i7 ,mechanical recycling1 in which a material is collected1 sorted1 cleaned1 and reprocessed 7without significantly altering the chemical structure of the material7 for use in manufacturing products4 7ii7 ,non-mechanical recycling1 in which a material is collected1 sorted1 cleaned1 and transformed through technology that alters the chemical structure of the material and that produces an output used to manufacture products 7excluding a waste-to-energy facility in which such a material is used primarily to generate process heat or electricity74 7#aj7 ,third-party certification ,the term third-party certification means a written determination1 verification1 or attestation that a product1 material1 process1 service1 or entity meets specified standards1 criteria1 or requirements1 issued by an independent organization that-- 7,a7 is not owned1 controlled by1 or under common control with the person or entity seeking certification2 7,b7 does not design1 manufacture1 sell1 distribute1 or market the product or material being certified2 7,c7 conducts its certification activities in accordance with objectivity1 impartiality1 and professional competence2 and 7,d7 does not have financial1 commercial1 or organizational interest that could compromise its independence or impartiality with respect to the certified product1 material1 process1 service1 or entity4 7#aa7 ,third-party certification system ,the term third-party certification system means an independently administered system that-- 7,a7 establishes a set of rules governing the implementation of mass balance accounting approaches2 and 7,b7 provides independent certification confirming that-- 7i7 any recycled content attributed to a product does not exceed the quantity by weight of recovered materials introduced into the manufacturing supply chain 7accounting for process losses72 7ii7 an auditable chain-of-custody accounting methodology was applied that enables the attribution of the mass of inputs to #a or more outputs in accordance with the rules of the system2 and 7iii7 the total mass of alternative feedstocks1 including pre-consumer material and post-consumer material1 introduced into the manufacturing supply chain has been quantified and appropriately allocated to final products4 #d4 ,recycled content claims 7a7 ,prohibition ,a person may not-- 7#a7 advertise1 market1 sell1 or offer for sale a product to a consumer using a misleading recycled content claim2 or 7#b7 market fuels produced and sold as an end product as recycled content4 7b7 ,guidance 7#a7 ,update to green guides ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall update the ,guides for the ,use of ,environmental ,marketing ,claims issued by the ,federal ,trade ,commission 7part #bfj of title #af1 ,code of ,federal ,regulations7 7commonly known as the ,green ,guides7 to ensure that the ,green ,guides are consistent with and reflect the definitions1 standards1 and authorizations established under this ,act4 7#b7 ,additional guidance ,the ,commission shall issue guidance that establishes the following3 7,a7 ,mass balance accounting as an acceptable method for substantiating a recycled content claim1 if-- 7i7 the use of mass balance accounting complies with the requirements of a third-party certification system2 and 7ii7 any representation about mass balance accounting with respect to a recycled content claim is based on competent and reliable scientific evidence and presented in a manner that is not misleading4 7,b7 ,a clear and consistent framework with respect to a recycled content claim1 establishing that a person can advertise1 market1 sell1 or offer for sale a product using an accurate recycled content claim4 7#c7 ,limitations 7,a7 ,no conferring of rights or binding effect ,any guidance issued by the ,commission with respect to this section shall not confer any rights on any person nor shall such guidance operate to bind the ,commission or any person to the approach recommended in such guidance4 7,b7 ,basis of enforcement actions ,in any enforcement action brought pursuant to this ,act1 the ,commission shall allege a specific violation of a provision of this ,act4 ,the ,commission shall not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any guidance issued by the ,commission with respect to this section4 #e4 ,enforcement by ,federal ,trade ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of section #d7;a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice described under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,the ,commission shall enforce section #d7;a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,privileges and immunities ,any person who violates section #d7;a7 shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#d7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 #f4 ,preemption ,no ,state1 or political subdivision of a ,state1 may maintain1 enforce1 prescribe1 or continue in effect any law1 rule1 regulation1 requirement1 standard1 or other provision having the force and effect of law that relates to the prohibition and enforcement provisions of this ,act4 #g4 ,applicability 7a7 ,severability ,if any provision of this ,act1 or the application of that provision to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 or the application of that provision to persons or circumstances other than those as to which it is held invalid1 is not affected thereby4 7b7 ,rule of construction ,nothing in this ,act may be construed to modify1 limit1 or supersede any other ,federal law or regulation except to the extent expressly provided4 7c7 ,federal standards ,the provisions in this ,act establish uniform ,federal standards for recycled content claims1 recycling claims1 recyclability claims1 and analogous claims1 and apply solely to the matters expressly addressed in this ,act4