Sec. 5. Federal source reduction and reuse targets
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In this section, the term source reduction means the reduction in the quantity of single-use plastic packaging and food service ware created by producers relative to the baseline established pursuant to subsection (b)(1) by methods that may include— shifting to reusable or refillable packaging or food service ware systems; or eliminating unnecessary packaging. In this section, the term source reduction does not include— replacing a recyclable or compostable single-use plastic packaging or food service ware with— a nonrecyclable or noncompostable single-use plastic packaging or food service ware; or a single-use plastic packaging or food service ware that is less likely to be recycled or composted; or switching from virgin single-use plastic packaging or food service ware to plastic postconsumer recycled content.
Not later than December 31, 2025, the Administrator shall promulgate regulations to establish a baseline quantity, by total weight and total number of items, of all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States during calendar year 2024. Not later than December 31, 2027, the Administrator shall promulgate regulations to establish phased source reduction targets for all single-use plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States, which shall be organized by product category.
The phased source reduction targets established under subparagraph
(A)shall include a source reduction target of not less than 25 percent by 2032. Not later than December 31, 2025, the Administrator shall promulgate regulations to establish phased reuse and refill targets for all plastic packaging and food service ware produced, sold, offered for sale, imported, or distributed in the United States. The phased reuse and refill targets established under paragraph
(1)shall include reuse and refill targets of not less than 30 percent by 2032. Nothing in this section applies to any single-use plastic used for— medical equipment, supplements, 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 paragraph
(1)that is 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; 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 a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper.