Sec. 3. Definitions
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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term plastic means a synthetic or semisynthetic material that— is synthesized by the polymerization of organic substances; and is capable of being shaped into various rigid and flexible forms. The term plastic includes coatings and adhesives described in subparagraph (A). The term plastic does not include— natural rubber; or naturally occurring polymers, such as proteins or starches.
The terms reusable , refillable , reuse , and refill mean— with respect to packaging or food service ware that is reused or refilled by a producer, that the packaging or food service ware is— explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product, or for another purposeful packaging use in a supply chain; designed for durability to function properly in its original condition for multiple cycles; composed of materials that do not contain— toxic heavy metals; pathogens; additives; or chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(g)(3); supported by adequate infrastructure to ensure the packaging or food service ware can be conveniently and safely reused or refilled for multiple cycles; and repeatedly recovered, inspected, and repaired, if necessary, and reissued into the supply chain for reuse or refill for multiple cycles; and with respect to packaging or food service ware that is reused or refilled by a consumer, that the packaging or food service ware is— explicitly designed and marketed to be utilized for not less than the number of cycles that the Administrator determines to be appropriate, for the same product; designed for durability to function properly in its original condition for multiple cycles; composed of materials that do not contain— toxic heavy metals; pathogens; additives; or chemical substances designated as high-priority substances under section 6(b)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2605(b)(1) ), including the chemicals or mixtures of chemicals described in section 4(g)(3); and supported by adequate and convenient availability of, and retail infrastructure for, bulk or large format packaging that may be refilled to ensure the packaging or food service ware can be conveniently and safely reused or refilled by the consumer for multiple cycles, as needed.
The term single-use plastic means a plastic product or packaging that— is routinely disposed of, recycled, or otherwise discarded after a single use; or is not sufficiently durable or washable to be, or is not intended to be, reusable or refillable. The term single-use plastic does not include— medical equipment, medical devices, consumer personal protective equipment, or other products determined by the Secretary of Health and Human Services to necessarily be made of plastic for the protection of public health or for people with disabilities; packaging that is— for any product described in clause
(i)that is determined by the Secretary of Health and Human Services to necessarily be used for the protection of public health or for people with disabilities; or used for the shipment of hazardous materials that is prohibited from being composed of used materials under section 178.509 or 178.522 of title 49, Code of Federal Regulations (as in effect on the date of enactment of this Act); or personal hygiene products that, due to the intended use of the products, could become unsafe or unsanitary to recycle, such as diapers.
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