Sec. 101. Extended responsibility for beverage containers and packaging
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The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) is amended by adding at the end the following: In this subtitle: The term advisory committee means an advisory committee established by the Administrator under section 12106(a). The term beverage means any drinkable liquid intended for human oral consumption, including— water; flavored water; soda water; mineral water; beer; a malt beverage; a carbonated soft drink; liquor; tea; coffee; hard cider; fruit juice; an energy or sports drink; coconut water; wine; a yogurt drink; a probiotic drink; a wine cooler; and any other beverage determined to be appropriate by the Administrator.
The term beverage does not include— a drug regulated under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ); infant formula; or a meal replacement liquid. The term beverage container means a prepackaged container that— is designed to hold a beverage; is made of any material, including glass, plastic, and metal; and has a volume of not more than 3 liters. The term beverage container does not include— a carton; a pouch; or aseptic packaging, such as a drink box.
The term brand means any mark, word, name, symbol, design, device, or graphic element that— identifies a product; and distinguishes the product from other products. The term brand includes— any combination of 2 or more marks, words, names, symbols, designs, devices, or graphic elements described in subparagraph (A); and any registered or unregistered trademark. The term compostable , with respect to a covered product described in subparagraph (B), means that the covered product— meets the ASTM International standard specification for compostable products numbered D6400 or D6868— as in effect on the date of enactment of this subtitle; or as revised after the date of enactment of this subtitle, if the revision is approved by the Administrator; and is labeled to reflect that the covered product meets a standard described in subclause (I); is certified as a compostable product by an independent third party that is approved by the Administrator; or comprises only wood or natural fiber, without any— coating; additive; or effective beginning on February 1, 2025, toxic substance.
The covered products referred to in subparagraph
(A)are covered products other than— paper; and effective beginning on February 1, 2025, a covered product that contains a toxic substance. The term covered product , regardless of recyclability, compostability, or material type, means— packaging; a food service product; paper; and a single-use product that is not subject to a prohibition under section 12202 or 12203. The term covered product does not include— a beverage container; or any product subject to an extended responsibility program at the State level, as determined by the Administrator. The term environmental justice means the fair treatment and meaningful involvement of all individuals, regardless of race, color, national origin, educational level, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies to ensure that— full access to public information and opportunities for meaningful public participation with respect to human health and environmental planning, regulations, and enforcement is provided to each census tract and census block group— the percentage of population of people of color of which is not less than the average percentage of population of people of color in the State in which the tract or block group is located; or the percentage of population of households with an income of not more than twice the Federal poverty level of which is not less than the percentage of population of those households in the applicable State; no census tract or census block group described in subparagraph
(A)is exposed to a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazards; and the 17 principles described in the document entitled The Principles of Environmental Justice , written and adopted at the First National People of Color Environmental Leadership Summit convened on October 24 through 27, 1991, in Washington, DC, are upheld. The term food service product means an item intended to deliver a food product, regardless of the recyclability or compostability of the item, including— a utensil; a straw; a stirrer; a drink cup; a drink lid; a food package; a food container; a hinged or lidded container (commonly known as a clamshell ); a plate; a bowl; a meat, fish, seafood, or vegetable tray; a food wrapper; and a beverage container. The term Organization means a Producer Responsibility Organization described in section 12102(a)(1). The term packaging means— any package or container, regardless of recyclability or compostability; and any separable and distinct material component, regardless of recyclability or compostability, used for the containment, protection, handling, delivery, and presentation of goods that are sold, offered for sale, or distributed to consumers in the United States, including through an internet transaction. The term packaging includes— an item described in subparagraph
(A)that is— sales packaging or primary packaging intended for the consumer market; service packaging designed and intended to be used or filled at the point of sale, such as carry-out bags, bulk good bags, take-out bags, and home delivery food service products; secondary packaging used to group products for multiunit sale; or tertiary packaging used for transportation or distribution directly to a consumer; and any ancillary element that is— hung on, or attached to, a product; and performing a packaging function. The term packaging does not include an item described in subparagraph
(A)or
(B)that— is used for the long-term protection or storage of a product; and has a useful life of not less than 5 years, as determined by the Administrator. The term paper means a paper product that is sold, offered for sale, delivered, or distributed to a consumer or business in the United States. The term paper includes— newsprint and inserts; magazines and catalogs; direct mail; office paper; and telephone directories. The term paper does not include— a paper product that, due to the intended use of the product, could become unsafe or unsanitary to recycle; or a bound book. The term Plan means a Product Stewardship Plan of an Organization under section 12103(a). The term plastic means a synthetic or semisynthetic material that is— synthesized by the polymerization of organic substances; and capable of being shaped into various rigid and flexible forms. The term plastic includes any coating or adhesive described in subparagraph (A). The term plastic component means an item that— is composed wholly or partially of plastic; and comprises— the entirety of a covered product; or an element of a covered product that is detachable on or after use of the covered product. The term post-consumer recycled material means new material produced using material resulting from the recovery, separation, collection, and reprocessing of material that— was originally sold for consumption; and would otherwise be disposed of or processed as waste. The term post-consumer recycled material does not include— post-industrial material; preconsumer material; or a material or byproduct— generated by means of advanced recycling, chemical recycling, combustion, gasification, incineration, pyrolysis, solvolysis, thermal desorption, waste-to-energy, waste-to-fuel, or any other chemical or molecular conversion process; or generated from, and commonly reused within, an original manufacturing and fabrication process. The term producer means an entity that— manufactures a covered product or beverage container; and owns, or is a licensee of, the brand or trademark under which that covered product or beverage container is— used in a commercial enterprise in the United States; sold or offered for sale in the United States; or distributed in the United States; if no entity described in clause
(i)exists with respect to a covered product or beverage container, owns or, if the owner is not located in the United States, is the exclusive licensee of a brand or trademark under which the covered product or beverage container is used in a commercial enterprise, sold or offered for sale, or distributed, in the United States; or if no entity described in clause
(i)or
(ii)exists with respect to a covered product or beverage container, sells, offers for sale, or distributes the covered product or beverage container in the United States. The term producer does not include an entity that produces, harvests, and packages an agricultural commodity on the site where the agricultural commodity was grown or raised. For purposes of subparagraph (A): The term licensee means an entity that holds the exclusive right to use a trademark or brand in the United States in connection with the manufacture, sale, or distribution of a covered product or beverage container. The term manufacture , with respect to a beverage container, means to bottle, can, or otherwise fill a beverage container for sale to— distributors distributing beverage containers to retailers; importers; or retailers. The term sale includes the delivery of a covered product or beverage container to a purchaser in the United States. The term product line means a group of related products marketed under a single brand name that— is sold, offered for sale, or distributed by a distributor in the United States, including through an internet transaction; and is used by the distributor for the purpose of distinguishing those products from other, similar products for better usability for consumers. The term prohibited plastic packaging means plastic packaging that— contains a nondetectable pigment, such as carbon black; is rigid and is composed wholly or partially of polyethylene terephthalate glycol; is composed wholly or partially of polystyrene, including expanded polystyrene; is composed wholly or partially of polyvinyl chloride, including polyvinylidene chloride; contains an oxodegradable additive, including an oxobiodegradable additive; or contains a problematic label construction that hinders recycling or makes the packaging nonrecyclable, including adhesives, inks, materials, and design features. The term recyclable , with respect to a covered product or a beverage container, means that the covered product or beverage container— can be economically and technically recycled in current United States market conditions; is collected pursuant to 1 or more recycling programs covering not less than 60 percent of the population of the United States; can be sorted into 1 or more recycling-process defined streams that are sent to, and reclaimed at, a reclaiming facility in accordance with the applicable requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, Switzerland, March 22, 1989; does not include an attached component, such as a shrink sleeve, label, or filter, that is required to be removed by a consumer before the covered product or beverage container can be recycled; and in the case of plastic packaging, is designed not to include any component, ink, adhesive, or label that prevents recycling of the plastic packaging according to the most-recent design guide published by the Association of Plastic Recyclers; and in the case of nonplastic packaging or any other covered product— is designed to meet the requirements of subparagraphs
(A)through (D); and does not include any component, ink, adhesive, or label that prevents recycling of the covered product or nonplastic packaging. The term recycle means the series of activities by which a covered product or beverage container is— collected, sorted, and processed; and converted into a raw material with minimal loss of material quality; used in the production of a new product, including the original covered product or beverage container; or in the case of composting or organic recycling, productively used for soil improvement. The term recycle does not include— a method of sorting, processing, and aggregating materials from solid waste that does not preserve original material quality, as a result of which the aggregated material— is no longer usable for— the initial purpose; or a substantially similar purpose; and can only be used for an inferior purpose or product (commonly referred to as downcycling ); the use of waste— as a fuel or fuel substitute; for energy production; for repurposing into infrastructure, including— pavement for streets or sidewalks; building materials; and other infrastructure projects, as determined by the Administrator; for alternate operating cover; or within the footprint of a landfill; or the conversion of waste into an alternative product, such as a chemical, feedstock, fuel, or energy, through— incineration; pyrolysis; hydropyrolysis; methanolysis; gasification; or a similar technology, as determined by the Administrator. The term redeem means to return to a retailer or producer an empty beverage container in exchange for a refund of the applicable amount under section 12108(c). The term redemption center means a facility established under section 12108(e)(2). The term refillable or reusable , with respect to a beverage container or covered product, means that the beverage container or covered product is— explicitly designed and marketed to be used— by a producer or consumer, multiple times for the same or a similar product; or by a producer, for another purposeful packaging use in a supply chain; designed for durability to function properly in original condition for multiple uses; mechanically feasible for refill or reuse in current United States market conditions; feasible for refill or reuse for such number of cycles as the Administrator determines to be appropriate to achieve a significant environmental benefit across the lifecycle of the beverage container or covered product, as compared to a single-use beverage container or covered product; and part of a reuse and refill system in the United States under which not less than 95 percent of beverage containers are returned to distributors for reuse and refill. The term responsible end market means a material market in which the recycling or recovery of materials or the disposal of contaminants is conducted in a manner that, as determined by the Administrator— benefits the environment; and minimizes risks to— public health; and worker health and safety. The term restaurant means an establishment the primary business of which is the preparation of food or beverages for consumption by the public— in a form and quantity that is consumable immediately at the establishment, regardless of whether a purchased food or beverage is consumed on-premises; or in a consumable form for consumption off-premises. The term restaurant includes a fast food restaurant. The term retailer means an entity located in the United States that— engages in the sale of beverage containers or covered products to a consumer; or provides beverage containers or covered products to an individual or entity in commerce, including provision free of charge, such as at a workplace or event. The term retailer includes an entity located in the United States that engages in the sale of, or provides, beverage containers as described in subparagraph
(A)through a vending machine or similar means. The term reuse and refill system means a set of mechanisms relating to refillable or reusable covered products and beverage containers that is supported by adequate infrastructure at the producer level, and adequate and convenient availability and retail infrastructure at the consumer level, to ensure that the covered products and beverage containers can be— repeatedly recovered, inspected, repaired (if necessary), and reissued by producers into the supply chain for reuse or refill for multiple cycles; and conveniently and safely reused or refilled by producers and consumers for multiple cycles. The term single-use , with respect to a covered product or a beverage container, means that the covered product or beverage container is routinely disposed of, recycled, or otherwise discarded after 1 use. The term single-use , with respect to a covered product, does not include a covered product that is— a medical food item, supplement, device, or other product determined by the Secretary of Health and Human Services necessarily to be made of plastic for the protection of public health; personal protective equipment, including— masks; gloves; face shields; and other personal protective equipment, as determined by Secretary of Health and Human Services; a personal hygiene product that, due to the intended use of the product, could become unsafe or unsanitary to recycle, such as a diaper; or packaging used for— any product described in clause (i), (ii), or (iii); or the shipment of hazardous materials, and 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 subtitle). The term source reduction means a reduction in the quantity of covered products or beverage containers produced by a producer, as compared to a baseline established pursuant to section 12105(b), including due to— shifting to reusable or refillable packaging or food service product systems; or eliminating unnecessary packaging. The term source reduction does not include— replacing recyclable or compostable single-use plastic packaging or food service products with— a nonrecyclable or noncompostable single-use plastic packaging or food service products; or single-use plastic packaging or food service products that are less likely to be recycled or composted; or switching from virgin single-use plastic packaging or food service products to plastic post-consumer recycled material. The term toxic substance means any substance, mixture, or compound that— may cause— personal injury or disease to humans through ingestion, inhalation, or absorption through any body surface; or adverse impacts on the environment; and satisfies 1 or more of the conditions described in subparagraph (B). The conditions referred to in subparagraph (A)(ii) are the following: The substance, mixture, or compound is subject to reporting requirements under— the Emergency Planning and Community Right-To-Know Act of 1986 ( 42 U.S.C. 11001 et seq. ); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ); or section 112(r) of the Clean Air Act ( 42 U.S.C. 7412(r) ). The National Institute for Occupational Safety and Health, the Occupational Safety and Health Administration, the National Toxicology Program, the Centers for Disease Control and Prevention, the Administrator of Health and Human Services, the National Institute for Environmental Health Sciences, or the Environmental Protection Agency has established that the substance, mixture, or compound poses an acute or chronic health hazard, including developmental, reproductive, or endocrine effects. The National Institute for Occupational Safety and Health or the Environmental Protection Agency has recognized that the substance, mixture, or compound may increase the risk of developing a latent disease. The substance, mixture, or compound is— a perfluoroalkyl or polyfluoroalkyl substance; an orthophthalate; a bisphenol compound (but not including an alkyl-substituted bisphenol compound generated through a xylenol-aldehyde process); a halogenated or nanoscale flame-retardant chemical; UV 328 (2-(2H-benzotriazol-2-yl)-4,6-di-tert-pentylphenol); a chlorinated paraffin; listed as a persistent organic pollutant by the Stockholm Convention on Persistent Organic Pollutants; given an overall carcinogenicity evaluation of Group 1, Group 2A, or Group 2B by the International Agency for Research on Cancer; or listed as a toxic, poisonous, explosive, corrosive, flammable, ecotoxic, or infectious waste by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, done at Basel, Switzerland, March 22, 1989. The substance, mixture, or compound is a chemical or chemical class that, as determined by the Administrator, has been identified by a Federal agency, State agency, or international intergovernmental agency as being 1 or more of the following: A carcinogen, mutagen, reproductive toxicant, immunotoxicant, neurotoxicant, or endocrine disruptor. A persistent bioaccumulative. A chemical or chemical class that may— harm the normal development of a fetus or child or cause other developmental toxicity in humans or wildlife; harm organs or cause other systemic toxicity; or have an adverse impact on— air quality; ecology; soil quality; or water quality. A chemical or chemical class that has toxicity equivalent to the toxicity reflected in a criterion described in any of subclauses
(I)through (III). The term United States , when used in a geographical sense, means all of the States. Except as provided in subsection (b), effective beginning on February 1, 2025, each producer of a covered product or beverage container that is sold, distributed, or imported into the United States shall— participate as a member of 1 or more Organizations, based on category of covered products or beverage containers, for which a Plan is approved by the Administrator; and pursuant to that participation, achieve the performance targets described in paragraph (2). The performance targets referred to in paragraph (1)(B) are the following, with respect to the covered products and beverage containers subject to the responsibility of the applicable producer: All plastic covered products and beverage containers have been subject to source reduction in accordance with section 12105. Effective beginning on January 1, 2033, all covered products and beverage containers are reusable, recyclable, or compostable. All covered products and beverage containers achieve compliance with section 12113. The following recycling rates (by category of covered product or beverage container) are achieved for each covered product and beverage container: Not less than 50 percent by January 1, 2030. Not less than 65 percent by January 1, 2040. Not less than 75 percent by January 1, 2050. A producer of a covered product or beverage container, including a producer that operates as a single point of retail sale and is not supplied by, or operated as part of, a franchise, shall not be subject to this part if the producer— for fiscal year 2023, had an annual revenue of less than $1,000,000; and for fiscal year 2024 and each fiscal year thereafter, has an annual revenue of less than the applicable amount under section 12108(c) during the preceding fiscal year, as adjusted to reflect changes for the 12-month period ending on the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; or is the producer of less than 1 ton of covered products or beverage containers in commerce each year. Except as provided in subsection (b), it shall be unlawful for any producer to sell, use, or distribute any covered product or beverage container in commerce except in compliance with this part. A producer that violates paragraph
(1)shall be subject to a fine— for each violation; for each day that a violation occurs; and in an aggregate amount of not more than $70,117. The Administrator may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered product or beverage container in violation of this part. The Administrator may permit a State to carry out enforcement under paragraph
(2)or
(3)if the Administrator determines that the State meets such requirements as the Administrator may establish, subject to the condition that any fine collected by a State pursuant to paragraph
(2)shall be deposited in the Reduction and Litter Cleanup Trust Fund established by section 12112(b). The Administrator, in consultation with Organizations, shall promulgate regulations to establish, for purposes of this part— such categories of covered products as the Administrator determines to be appropriate; and a single category for beverage containers. The antitrust laws (as defined in the first section of the Clayton Act ( 15 U.S.C. 12 )) shall not apply to a producer or Organization that carries out any activity in accordance with an approved Plan if the activity is necessary to develop and implement the Plan. Not later than 1 year after the date of enactment of this subtitle, the Administrator shall promulgate such regulations as the Administrator determines to be necessary to implement, administer, and enforce this part, including methods and processes for— collecting information necessary to ensure an accurate baseline under section 12105(b); and determining compliance with the requirements of this part. For each category of covered products or beverage containers sold, distributed, or imported into the United States by a producer, the producer shall establish a new, or join an existing, Producer Responsibility Organization. A producer may participate in— more than 1 Organization, if each Organization is established for a different category of covered products or beverage containers subject to the responsibility of the producer; but only 1 national Organization with respect to each category of covered products; only 1 national Organization with respect to beverage containers; and only 1 regional Organization with respect to beverage containers and each category of covered products for each region in which the beverage containers or covered products, respectively, are sold. A producer that commences operation in the United States, or that produces a covered product or beverage container that is new to the producer in the United States, after the date of approval of Organizations under subsection
(b)shall establish a new, or join an existing, Organization for the applicable category of covered products or beverage containers. A new Organization established pursuant to subparagraph
(A)shall be approved or disapproved by the Administrator in accordance with subsection (b). The establishment of an Organization pursuant to subsection
(a)shall be subject to the approval of the Administrator. Not later than January 1, 2025, the governing body of each Organization shall submit to the Administrator an application describing the means by which the Organization meets the criteria described in paragraph (3). The Administrator may approve the establishment of an Organization only if the Administrator determines that the Organization— has a governing board consisting of producers that represent the diversity of applicable covered products or beverage containers, as applicable, in the market; and demonstrates that the Organization has in effect adequate financial responsibility and financial controls, including fraud prevention measures and an audit schedule, to ensure proper management of funds. After January 1, 2035, on a determination by the Administrator that additional Organizations would be beneficial in satisfying the requirements of this part, the Administrator may approve additional Organizations that meet the requirements of this subsection. The Administrator shall revoke approval of an Organization under this subsection if the Administrator determines that the Organization— ceases to meet the requirements of this part, including the criteria described in paragraph (3); or fails to implement and administer an approved Plan in a manner that effectuates the purposes of this part. If the Administrator revokes approval of an Organization pursuant to subparagraph (A), the Administrator may approve 1 or more additional Organizations to carry out the responsibilities of the revoked Organization under this part for the applicable category of covered products or beverage containers, subject to the criteria described in paragraph (3). An Organization shall act as an agent, and on behalf, of each producer that is a member of the Organization to carry out the responsibilities of the producer under this part with respect to the applicable category of covered products or beverage containers. If more than 1 Organization is established under subsection
(a)with respect to a category of covered products or beverage containers, the Administrator shall, as necessary, establish a process to require coordination among those Organizations. Each Organization shall be— established and operated as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986; and exempt from taxation under 501(a) of that Code. Not later than 180 days after the date on which an Organization is approved under section 12102(b), the Organization shall develop and submit to the Administrator a Product Stewardship Plan, together with a budget, that describes the means by which the Organization will carry out the responsibilities of the Organization under this part. Each Plan shall include, at a minimum— contact information for the Organization submitting the Plan; a list of participating producers represented by the Organization, including individual contact information for each such producer; a description, together with objective and measurable criteria, to the maximum extent practicable, of— each category of covered products or beverage containers covered by the Plan and the quantity (by number and weight) of each covered product or beverage container in each category; the means by which the Organization will— meet the criteria described in section 12102(b)(3); in an economically efficient and practical manner, provide for the necessary infrastructure and viable responsible end markets based on the most-recent needs assessment under section 12107; and use existing collection programs and reuse, recycling, composting, sorting, and processing infrastructure, to the maximum extent practicable; a source reduction plan under section 12105(a); the means by which each applicable type of covered product or beverage container will be collected to meet the performance targets described in section 12101(a)(2); consumer education plans in accordance with section 12111; a customer service process, such as a process for answering customer questions and resolving issues; sound management practices for worker health and safety; the means by which participating producers will work with, improve, and fund existing reuse, recycling, composting, litter cleanup, sorting, and processing infrastructure; measures to mitigate fraud; and the means by which participating producers will consult with the Federal Government, units of State and local government, and other stakeholders; subject to paragraph (2), a budget designed to fully fund the costs to carry out this part, including all costs associated with the implementation of the Plan, including— reimbursing the Administrator for costs, as required; reimbursing members of an advisory committee; administering the Organization; investments— identified in the source reduction plan or needs assessment; to develop sustainable responsible end markets for each covered product or beverage container category included in the Plan; or otherwise necessary to meet the criteria described in section 12102(b)(3); and environmental mitigation activities; a structure and schedule for fees paid by participating producers in accordance with section 12104, including the method of calculation of the fee and a description of the process by which the Organization shall collect the fee from those producers; and a closure or transfer plan to settle the affairs of the Organization that— ensures that participating producers will continue to meet the obligations of the producers in the event of— dissolution of the Organization; or revocation of approval by the Administrator; and describes a process for notifying the Administrator, relevant advisory committees, and relevant contractors of such a dissolution or revocation. An Organization may not expend any revenues collected by the Organization— to pay a civil penalty; to pay costs associated with litigation between or among producers, the Organization, or units of government; to provide compensation to a representative of the Organization relating to the passage, defeat, approval, or modification of proposed Federal, State, or local legislation; or for any paid advertisement during a 30-day period occurring before or during a Federal, State, or local legislative session for the purposes of encouraging the passage, defeat, approval, or modification of proposed legislation; or to support or invest in an excluded recycling technology described in subparagraph
(B)of section 12001(20). Not later than 90 days after the date of receipt of a Plan under subsection (a), the Administrator shall— approve or disapprove the Plan; and notify the applicable Organization of the determination of the Administrator under paragraph (1). An Organization shall commence implementing the Plan of the Organization on the later of— the date that is 60 days after receiving a notification of approval of the Plan under subsection (c)(2); and August 1, 2025. A Plan— shall expire on the date that is 5 years after the date on which the Plan is approved under subsection (c); and may be renewed. The Administrator may require a revision to a Plan before the expiration of the Plan under subsection (e)(1) if the Administrator determines that— the performance targets described in section 12101(a)(2) are not being met; or a change in circumstances has occurred that warrants the revision. Each Organization shall establish a fee for producers participating in the Organization (referred to in this section as members ) to ensure that— the requirements of this part are met; and the Plan of the Organization is completely implemented. A fee under this subsection shall be assessed in accordance with a schedule developed by the applicable Organization under subsection
(c)to ensure that the budget of the Organization, as included in the Plan of the Organization, is fully funded. A fee under this subsection shall not be passed on to any consumer as a separate item on a receipt or invoice. Each member of an Organization shall— pay to the Organization the fee required under this section; and on request, provide to the Organization records and other information necessary for the Organization to meet the requirements under this part. A fee under this section shall be assessed in accordance with a fee schedule, which shall include the following: Individual assessments imposed on a member due to unique characteristics of the covered products or beverage containers subject to the responsibility of the member, as described in paragraph (2). Any adjustments pursuant to subsection (d)(2). Reimbursement to the Administrator for costs. Reimbursement to a relevant advisory committee. Fees associated with environmental mitigation activities under section 12112. The costs of administering the Organization, including the costs associated with staff and the development and implementation of the Plan. A fee schedule under paragraph
(1)shall be delineated by category of covered product or beverage container, based on the following factors: The costs to ensure each category meets the requirements of this part, subject to the condition that a covered product or beverage container that is easier and less expensive to reuse, recycle, or compost, or that is designed to be recycled into a similar covered product, beverage container, or material that is easier to be composted, shall be subject to lower fees, including fees that reflect— costs to develop and sustain viable responsible end markets for each category; costs— to collect, sort, avoid, or remove contamination; and to aggregate and transport the covered product or beverage container into defined streams to support viable responsible end markets for remanufacturing of the covered product or beverage container through— curbside collection; or other means; costs incurred by local governments or recycling service providers— to process and transport covered products or beverage containers in a manner and quality sufficient for acceptance by viable responsible end markets, including costs to reduce or mitigate the rate of inbound contamination by noncertified, compostable products at composting facilities, which may vary by locality; to carry out waste stream sampling and reporting activities required under this part; and to provide to ratepayers information relating to improving the preparation and sorting, as needed, of covered products or beverage containers; and other costs necessary to implement the Plan and achieve compliance with this part, including ensuring that implementation avoids or minimizes negative environmental or public health impacts on disadvantaged or low-income communities and rural areas. If recycling or composting of a covered product or beverage container is made more difficult by the incorporation of 1 or more specific elements, including inks, labels, and adhesives, that may be detrimental to recycling or composting (as determined in accordance with the design guide of the Association of Plastic Recyclers or another relevant industry association or criteria established by the Administrator), the fee for that covered product or beverage container shall be sufficient to account for the increased cost to manage that covered product or beverage container. The commodity value of the covered product or beverage container based on an independent index or the reported commodity value of materials of equivalent quality to the covered product or beverage container. Costs incurred by the Organization to assist members to meet the source reduction requirements under section 12105. The amount of a fee under subsection
(a)shall be adjusted using malus fees or credits for members, based on any of the following, as applicable: The percentage of post-consumer recycled material in the covered products or beverage containers subject to the responsibility of the member, in a manner that ensures that the percentage of post-consumer recycled material shall be validated through an independent third party approved by the Administrator in order to ensure that the percentage exceeds the minimum requirements for the covered product or beverage container, subject to the condition that the recycled content shall not disrupt the potential for future recycling. Standardization of packaging materials that simplifies the processing, marketing, sorting, and recycling or composting of covered products or beverage containers. Any actions carried out by the member to accelerate source reduction and invest in sustained and robust reuse and refill systems beyond the actions required under section 12105. Certified compostable covered products or beverage containers that do not contain toxic substances shall be subject to a reduced fee, as determined by the Organization. An Organization shall adjust the fee schedule under subsection (c)— not less frequently than once each year; or more frequently as necessary to meet the budget of the Organization, as described in the Plan. Each Organization shall develop and implement a source reduction plan to achieve the following targets for single-use plastic covered products and beverage containers: Not later than January 1, 2032, a source reduction, as compared to the baseline of the Organization determined under subsection (b), of not less than— 25 percent, by weight; and 25 percent, by plastic component. Not later than January 1, 2040, a source reduction, as compared to the baseline of the Organization determined under subsection (b), of not less than— 40 percent, by weight; and 40 percent, by plastic component. Not later than January 1, 2050, a source reduction, as compared to the baseline of the Organization determined under subsection (b), of not less than— 50 percent, by weight; and 50 percent, by plastic component. Not later than January 1, 2026, the Administrator shall establish a baseline for purposes of the source reduction requirements under subsection (a), taking into consideration the quantity of single-use plastic covered products and beverage containers (by weight and number of plastic components) sold, offered for sale, or distributed in the United States during calendar year 2024. Together with any Plan, update or revision to a Plan, or annual report, each Organization shall submit to the Administrator the following data, disaggregated by participating producer, with respect to the period covered by the Plan, update, revision, or report: The quantity of plastic covered products and beverage containers sold, offered for sale, or distributed in the United States, including the number of plastic components and weight of the plastic covered products and beverage containers. The number of plastic components and weight of plastic covered products and beverage containers shifted to refillable or reusable packaging or food service products. The number of plastic components and weight of plastic covered products and beverage containers eliminated. The number of plastic components and weight of plastic covered products and beverage containers shifted from plastic covered products or beverage containers to nonplastic covered products or beverage containers. The number of plastic components and weight of plastic covered products and beverage containers reduced through concentration, right-sizing, and shifting to bulk or large-format packaging that allows consumers to refill residential or commercial reusable containers. Not later than December 31, 2048, and not less frequently than once every 5 years thereafter, the Administrator shall conduct an evaluation of plastic covered products and beverage containers subject to this section to determine whether actions to achieve greater source reductions are necessary. If the number of plastic components or weight of plastic covered products or beverage containers has increased during the period covered by an evaluation under paragraph (1), the Administrator shall promulgate regulations to require the applicable Organizations to increase rates of source reduction by— shifting plastic covered products or beverage containers to reusable or refillable packaging or food service products; or eliminating plastic components. The Administrator shall establish 1 or more advisory committees that reflect a range of interested and engaged stakeholders representing the entire supply chain of covered products and beverage containers, including— collection service providers; cleanup service providers; recyclers; composters; and government entities. At a minimum, an advisory committee shall include representatives of— producers, including trade associations; States; metropolitan areas, including— small and large metropolitan areas; and metropolitan areas located in urban and rural areas; counties (or equivalent jurisdictions), including— small and large counties; and urban and rural counties; public sector recycling, composting, and solid waste industries for the applicable type of covered product or beverage container; private sector recycling, composting, and solid waste industries for the applicable type of covered product or beverage container; recycled feedstock users for the applicable type of covered product or beverage container; environmental organizations; environmental justice organizations; disability advocates; reuse and refill system experts or operators; Indian Tribes; and environmental and human health scientists. Each individual serving on an advisory committee may represent only 1 category described in subparagraphs
(A)through
(M)of paragraph (1). The Administrator shall ensure that no category described in subparagraphs
(A)through
(M)of paragraph
(1)has disproportionate representation on an advisory committee. The Administrator shall appoint all members to each advisory committee established under this section not later than July 1, 2025. The Administrator— shall appoint the members of an advisory committee for staggered 3-year terms; and may reappoint such a member for 1 or more additional terms. At the initial meeting of an advisory committee, the advisory committee shall elect a chairperson, who— shall serve as chairperson for 1 year; and may be reelected as chairperson. An advisory committee shall— oversee 1 or more Organizations assigned to the advisory committee by the Administrator; review the Plan, and any revisions to the Plan, of each such Organization; submit to the applicable Organization a report describing the results of the review under paragraph (2); and submit to the applicable Organization and the Administrator any reports, recommendations, or objections of the advisory committee relating to a Plan, fee structure, or other activities of an Organization. Each Organization overseen by an advisory committee shall reimburse members of the advisory committee who are representatives of community groups, Indian Tribes, State and local governments, or nonprofit organizations for expenses relating to participation on the advisory committee. A member of an advisory committee not described in paragraph
(1)may be compensated by the applicable Organization for travel expenses as necessary to ensure the ability of the member to participate on the advisory committee. The Organizations overseen by an advisory committee shall be financially responsible for providing to the advisory committee professional language interpretation for oral communications, and translation for written documents and notices, in any language spoken by more than 5 percent of the population residing within a community served by the advisory committee. Not later than 1 year after the date of enactment of this subtitle, and not less frequently than once every 5 years thereafter, the Administrator shall select, and enter into a contract with, a qualified consultant (as determined by the Administrator) under which the qualified consultant shall conduct a packaging reduction, reuse, and recycling needs assessment (referred to in this section as an assessment ), in accordance with this section— to identify barriers to, and opportunities for, reducing, reusing, and recycling covered products and beverage containers; and to inform Plans and budgets of Organizations to support the Organizations in achieving compliance with this part. Subject to applicable Federal competitive bidding requirements, the Administrator shall solicit from qualified consultants proposals to enter into a contract with the Administrator to conduct each assessment. A proposal to enter into a contract under paragraph
(1)shall include, with respect to the period covered by the proposed contract, a description of the means by which the applicable qualified consultant will conduct the assessment with respect to each element described in subsection (c)(1). If the Administrator fails to select a qualified consultant to conduct an assessment, including due to a determination that no qualified consultant has submitted a proposal that meets the requirements of this subsection, by the applicable date described in subsection (a), the Administrator shall designate an appropriate Federal department or agency to conduct the assessment. Each assessment shall evaluate, with respect to the period covered by the assessment— the current recycling, composting, and reuse rate for each type of covered product and beverage container; the processing capacity, market conditions, and opportunities for recyclable covered products and beverage containers nationally, regionally, and locally; funding needs and actions necessary to achieve the requirements of this part, including payments to recyclers, market incentive payments, and other payments; barriers affecting covered product and beverage container recycling access and availability, and necessary actions and investments to overcome those barriers; the availability, or lack of availability, of markets for recycled covered products and beverage containers, the need to incentivize recycled or composted materials market development, and the associated investments and actions required to ensure that covered products and beverage containers— are recycled or composted; and have viable and sufficient responsible end markets; opportunities for, and barriers to, the creation of reuse and refill systems for covered products and beverage containers; opportunities for the improvement of recycling of covered products and beverage containers, including the development of responsible end markets for recycled covered products and beverage containers; consumer education needs with respect to source reduction, recycling, and reducing contamination in recycling and reuse and refill systems; the needs associated with shifting packaging or food service products from a covered product category that is unlikely to develop sustained viable responsible end markets to a covered product category that has a viable responsible end market or is likely to develop a sustained viable responsible end market; funding required to implement the source reduction requirements under section 12105, including investments needed— to develop reuse and refill system infrastructure; and to provide to consumers convenient access to that infrastructure to expand and market the use of reusable and refillable covered products and beverage containers; and infrastructure and activities required— to implement a source reduction plan under section 12105(a), including investments in reuse, refill, and composting infrastructure; to achieve recycling and composting rates for all covered products and beverage containers covered by the source reduction plan; and to ensure covered products and beverage containers are recyclable or compostable. An assessment shall be submitted to the Administrator— for the initial assessment, not later than 2 years after the date of enactment of this subtitle; and for each subsequent assessment, not later than 5 years after the date on which the previous assessment was submitted to the Administrator. The cost of an assessment shall be paid by the Organizations responsible for the covered products or beverage containers investigated as part of the assessment, in such amounts and in accordance with such procedures as the Administrator may establish, by regulation. Not later than 180 days after the date of receipt of an assessment, the Administrator shall submit to Congress and each affected Organization, and publish on the website of the Administrator, a report that contains— a summary of the assessment; and a copy of the assessment, including all data on which the assessment is based. Each producer of beverage containers shall— on delivery, charge to the retailer to which the beverage container is delivered a deposit in the amount of the applicable refund value described in subsection (c); and on redemption of an empty beverage container by a retailer, pay to the retailer a refund in the amount of the applicable refund value described in subsection (c). A producer shall use any amounts received as deposits under paragraph (1)(A) for which an empty beverage container is not redeemed for investment in collection, recycling, and reuse infrastructure. Except as provided in paragraph (2), each retailer of beverage containers shall— at the time of sale, charge to the customer to which the beverage container is sold a deposit in the amount of the applicable refund value described in subsection (c); on redemption of an empty beverage container by a customer, pay to the customer a refund in the amount of the applicable refund value described in subsection (c); accept a beverage container and pay a refund under subparagraph (B)— during any period that the retailer is open for business; and regardless of whether the specific beverage container was sold by the retailer; and in the case of a retailer the premises of which is not less than 5,000 square feet, accept any brand and size of beverage container and pay a refund under subparagraph
(B)for the beverage container, regardless of whether the retailer sells that brand or size of beverage container. A retailer described in paragraph
(1)may refuse to accept a beverage container and pay a refund under paragraph (1)(B) if the beverage container— visibly contains, or is contaminated by, a substance other than— water; residue of the original contents; or ordinary dust; or is so damaged that the brand or refund label appearing on the beverage container cannot be identified. A retailer described in paragraph (1)(D) may refuse to accept and pay a refund under paragraph (1)(B) for more than 250 beverage containers per customer per day. A retailer the premises of which is less than 5,000 square feet may refuse to accept and pay a refund under paragraph (1)(B) for more than 50 beverage containers per customer per day. A retailer described in subparagraph (B)(ii) may refuse to accept and pay a refund under paragraph (1)(B) for a brand or size of beverage container that the retailer does not sell. A retailer described in paragraph
(1)that is a restaurant may refuse to accept and pay a refund under paragraph (1)(B) for a beverage container that the retailer did not sell. The Administrator may permit the establishment of convenience zones under which each retailer within a convenience zone shall be exempt from the requirements of this subsection if the Administrator determines that the retailer— is located within close proximity to a redemption center; and shares the cost of the operation of that redemption center with the applicable producer. The refund value referred to in subsections
(a)and
(b)shall be established by the Administrator, subject to the condition that the value shall be not less than $0.10. Beginning on the date that is 3 years after the date of enactment of this subtitle, the Administrator may— increase the refund value under paragraph
(1)to account for— inflation; and other factors, such as a failure to meet performance targets described in section 12105(a); or decrease the refund value under paragraph
(1)to account for beverage containers that— are specifically designed to be reusable or refillable; and have a high reuse and refill rate. A producer of a beverage container, or a State, may require a refund value that is more than the applicable refund value established under this subsection. Each producer of beverage containers sold in the United States shall ensure that the label of each such beverage container includes a standardized, clearly visible description of the applicable refund value under this section. An Organization of producers of beverage containers shall facilitate the collection and storage of beverage containers that are returned to retailers under this section by providing storage or other means to collect the beverage containers until collection for recycling, such as reverse vending machines or other options that are convenient for consumers. An Organization of producers of beverage containers shall establish and operate redemption centers to accept beverage containers from consumers. A redemption center shall— be staffed and available to the public— each day, other than a Federal or local holiday; and for not fewer than 10 hours each day; accept— any beverage container; and up to 350 beverage containers per person per day; and provide— hand or automated counts conducted by staff of the redemption center; a drop door for consumers to deposit containers of mixed beverage containers for staff of the redemption center to count, for which the redemption center may collect a convenience fee; or any other convenient means of receiving and counting beverage containers, as determined by the Administrator. An Organization may pay to an entity that collects curbside recycling an amount equal to the applicable refund value under subsection
(c)for beverage containers collected by the entity based on weight or another measurement that approximates the amount of the refunds, as negotiated by the Organization and the entity. In this subsection, the term eligible State means a State that— has in effect, before the date of enactment of this subtitle, a beverage container law the requirements of which are substantially similar to the requirements relating to beverage containers under this part, as determined by the Administrator; and enacts legislation after the date of enactment of this subtitle to update the law described in subparagraph
(A)to be consistent with the refund values under, and beverage containers covered by, this part. In the case of an eligible State, compliance with the law of the eligible State by a producer, retailer, or Organization shall be considered to be compliance with this section. Each eligible State is encouraged to negotiate with relevant Organizations with respect to updated features of the beverage container-related laws of the eligible State, such as sharing new revenue from increased deposits. Effective beginning on the date that is 2 years after the date of enactment of this subtitle, no retailer may sell, offer for sale, or distribute any single-use beverage container that— is composed wholly or partially of polyethylene terephthalate; is opaque or pigmented a color other than transparent blue or transparent green; contains polyethylene glycol; or contains a toxic substance. The Administrator shall require each producer of plastic beverage containers to ensure that the plastic beverage containers are composed of— by January 1, 2025, not less than 15 percent post-consumer recycled material from United States sources; by January 1, 2030, not less than 30 percent post-consumer recycled material from United States sources; by January 1, 2035, not less than 45 percent post-consumer recycled material from United States sources; by January 1, 2040, not less than 60 percent post-consumer recycled material from United States sources; and by such dates thereafter as the Administrator shall establish, such percentage of post-consumer recycled material from United States sources as the Administrator determines to be appropriate, by regulation. A retailer or producer that violates a prohibition under subsection
(a)or (b), respectively, shall be subject to a fine for each violation. For purposes of this section, each product line of beverage containers shall be considered to be a separate violation of this section if any beverage container included in the product line is a beverage container described in subsection (a). The amount of a fine under this subsection shall be not more than $50,000 per violation. Not less frequently than annually, each Organization shall prepare and publish on a publicly available website a report that includes— with respect to the covered products or beverage containers sold or imported by any member of the Organization, a description of, at a minimum— the quantity of covered products or beverage containers sold or imported and collected (by submaterial type and State) for— the calendar year covered by the report; and each preceding calendar year; management of those covered products or beverage containers, including recycling rates (by submaterial type), for— the calendar year covered by the report; and each preceding calendar year; data relating to the final destination and quantity of reclaimed covered products or beverage containers (by submaterial type), including the form of any covered products or beverage containers exported; contamination in the recycling stream of the covered products or beverage containers; relevant collection service vendors and collection locations, including— the geographical distribution of collection; the proximity of those vendors and locations to population centers; hours of operation; actions taken to reduce barriers to collection by expanding curbside collection or facilitating drop-offs; and frequency of collection availability; progress made toward achieving compliance with the requirements of this part, including the quantity of covered products or beverage containers that have been source-reduced through elimination or replacement by reusable covered products or beverage containers (by submaterial type and State), for— the calendar year covered by the report; and each preceding calendar year for which a report under this subsection was prepared; and additional efforts to reduce environmental impacts, including greenhouse gas emissions, at each lifecycle stage of the covered products or beverage containers; and the budget of the Organization; a description of any outreach and education efforts under section 12111 conducted during the calendar year covered by the report, including the results of those efforts; a description of any customer service efforts conducted during the calendar year covered by the report, including the results of those efforts; the status of packaging innovation and design characteristics implemented to prevent littering, make covered products or beverage containers reusable or refillable, or reduce overall covered product and beverage container waste; and any other information that the Administrator determines to be appropriate. Organizations shall coordinate reporting under subsection (a), to the maximum extent practicable, to provide for consistency of information across a category of covered products or beverage containers. Not less frequently than once every 2 years, the Administrator shall conduct an audit of— collection and recycling of covered products and beverage containers under this part to provide an accounting of any collection or recycling efforts that are not conducted by a producer or an Organization; and covered products and beverage containers of brand names found in litter to provide for an accounting of covered products, beverage containers, and other litter that continues to create pollution. Not later than February 1, 2027, and annually thereafter, the Administrator shall prepare and make publicly available a report describing— the effect of this part on costs incurred by units of State and local government for the management and cleanup of covered products and beverage containers; and any reductions in State or local taxes as a result of a reduction in costs described in paragraph (1). Each Organization shall conduct public outreach activities to provide to consumers educational and informational materials relating to the quantity of covered products and beverage containers recycled, reducing the quantity of covered products and beverage containers discarded, and participating in reuse and refill systems, including, at a minimum— proper end-of-life management of covered products and beverage containers; the location and availability of curbside and drop-off collection opportunities; the location and availability of reuse and refill systems; methods to prevent litter of covered products and beverage containers; and reuse, recycling, and composting instructions that are— consistent with the recycling and composting receptacle labeling requirements under section 12225; consistent nationwide, except as necessary to take into account differences among State and local laws; easy to understand; and easily accessible, including availability in multiple languages to reach a diverse ethnic population. The public outreach and education activities under this section shall— be designed to achieve the management goals for covered products and beverage containers under this part, including the prevention of contamination by covered products and beverage containers in other management systems or other materials; use all available forms of media, including television, radio, print, electronic, and web-based media, to provide information directly to consumers, in multiple languages; be coordinated with units of local government to incorporate electronic, print, web-based, and social media elements that a local government may elect to use to provide education directly to residents; be provided to producers for inclusion on packaging labels to inform consumers regarding methods to responsibly reuse, recycle, or dispose of the packaging; and be coordinated with other Organizations, as applicable— to avoid consumer confusion; and to facilitate the consolidation of available resources. In addition to public outreach and education activities under this section, an Organization may provide to producers and retailers educational materials relating to the responsible reduction, reuse, recycling, or composting of covered products and beverage containers through— printed materials, signage, and templates of materials that can be reproduced by retailers and provided to consumers at the time of purchase; and advertising materials that promote and encourage the proper reuse, recycling, and disposal of covered products and beverage containers. In this section: The term resin maker means an entity that— transforms petrochemical gas and liquids into ethylene and propylene for later conversion into plastic polymers; transforms ethylene and propylene into any other chemical for later conversion into plastic polymers; or polymerizes petrochemical feedstocks, including ethylene, ethylene glycol, terephthalic acid, propylene, vinyl chloride, styrene, phenol, formaldehyde, and acetonitrile, into polymers. The term Trust Fund means the Reduction and Litter Cleanup Trust Fund established by subsection (b). There is established in the Treasury of the United States a trust fund, to be known as the Reduction and Litter Cleanup Trust Fund , to be administered by the Administrator. The Trust Fund shall consist of such amounts as are deposited in the Trust Fund under subsection (d)(2). In accordance with such formulas and procedures as the Administrator may establish, the Administrator, in consultation with the Secretary of the Treasury, shall assess against— each producer an annual fee based on the quantity of plastic covered products or beverage containers manufactured, distributed, sold, or imported by the producer during the preceding calendar year; and each resin maker an annual fee based on the quantity of plastic resin or plastic resin feedstocks manufactured, distributed, sold, or imported by the resin maker during the preceding calendar year. A producer or resin maker may pay a fee assessed under subparagraph (A)— individually; or through the applicable Organization of which the producer or resin maker is a member. The following amounts shall be deposited in the Trust Fund: An amount equal to the amounts collected as fees under paragraph (1). An amount equal to the amounts collected as fines under sections 12101(c)(2), 12109(c), 12113(c), and 12114(d). Any late payments, interest, and such other amounts authorized to be collected pursuant to section 3717 of title 31, United States Code, relating to a fee or fine described in subparagraph
(A)or (B). Amounts in the Trust Fund shall— only be available to the extent and in the amount provided in advance in appropriations Acts; be used for the costs of carrying out this part, in accordance with subsection (f); and remain available until expended. Subject to paragraph (2), the Administrator shall use amounts in the Trust Fund to make grants for activities relating to— reuse and refill infrastructure; litter cleanup; and environmental remediation. Of the amounts in the Trust Fund, the Administrator shall ensure that, for each fiscal year— not less than 40 percent is used for environmental remediation, of which not less than 50 percent shall be used to carry out projects that primarily benefit environmental justice communities; and not less than 60 percent is used to mitigate historic and continued impacts on environmental justice communities, of which not less than 75 percent shall be used to directly and primarily benefit environmental justice communities. Effective beginning on the date that is 4 years after the date of enactment of this subtitle, no producer may sell, offer for sale, or distribute in the United States— any packaging that contains a toxic substance; or any prohibited plastic packaging. Not later than 180 days after the date on which the Administrator designates a substance, mixture, or compound as a toxic substance, the Administrator shall promulgate regulations to prohibit that toxic substance in packaging. The effective date of regulations promulgated pursuant to paragraph
(1)relating to a toxic substance shall be not later than 2 years after the date of designation of the toxic substance under that paragraph. A producer that violates this section shall be subject to a fine for each violation. For purposes of this subsection, each product line sold, offered for sale, or distributed to consumers by a producer shall be considered to be a separate violation of this section. The amount of a fine under this subsection shall be not more than $50,000 per violation. The Inspector General of the Environmental Protection Agency, in consultation with the Administrator and the Attorney General (referred to in this section as the Inspector General )— shall evaluate each Organization not less frequently than annually to ensure that— the Organization is implementing the Plan of the Organization in a manner that meets the requirements of this part; and each producer participating in the Organization is in compliance with the applicable requirements of this part; and may commence an enforcement action against— any Organization, as necessary; and any participating producer that is not in compliance with an applicable requirement of this part. In an evaluation under subsection (a)(1), the Inspector General may, as the Inspector General determines to be appropriate— conduct investigations, including by inspecting operations, facilities, and records of— an Organization; or a producer participating in an Organization; and audit an Organization or any participating producer. The Inspector General shall submit to each applicable Organization and producer, as applicable, a notice describing— any relevant conduct or practice that does not comply with an applicable requirement of this part; and any inconsistency identified as a result of an audit under subsection (b)(2). An Organization, and any producer, that violates an applicable requirement of this part shall be subject to a fine for each violation. For purposes of this section, each product line sold, offered for sale, or distributed to consumers by a producer shall be considered to be a separate violation of this part. The amount of a fine under this subsection shall be not more than $100,000 per day for each violation. In accordance with applicable Federal law, subject to the provision to the respondent of appropriate notice, any citizen of the United States may commence in a United States district court of competent jurisdiction an action against any individual or entity, a producer, an Organization, the Administrator, or the Inspector General to enforce this part. In any action filed pursuant to this subsection to which the Administrator is not a party, the Administrator may intervene as a matter of right. In this subpart: The term carryout bag means a bag provided to a customer by a retail establishment or food service business for the purpose of transporting groceries, a prepared food, or a retail good. The term carryout bag does not include— a paper bag provided by a pharmacy to a customer purchasing a prescription medication; a bag without handles that is— used to protect items from damaging or contaminating other purchased items placed in a recycled paper bag or a reusable grocery bag; or designed to be placed over articles of clothing on a hanger; a bag used solely to contain a live animal, such as a fish or insect sold at a pet store or bait shop; a newspaper bag; or a bag provided to contain an unwrapped food item. The term food service business means a commercial entity that sells or provides food for consumption on or off the premises of the entity. The term food service business includes a restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, and business or institutional cafeteria, including such a business operated by, or on behalf of, any governmental entity. The term polystyrene foam food service product means a food service product made wholly or partially of a material described in subparagraph (B). A material referred to in subparagraph
(A)is blown polystyrene, and any expanded and extruded foam of that polystyrene, that is— a thermoplastic petrochemical material made using a styrene monomer; and processed by a technique such as— fusion of polymer spheres (commonly known as expandable bead polystyrene ); injection molding; foam molding; or extrusion-blow molding (commonly known as extruded foam polystyrene ). The term polystyrene foam food service product includes a food container, a plate, an egg carton, a hot or cold beverage cup, a meat, fish, seafood, or vegetable tray, and cutlery. The term prepared food means a food or beverage that is serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, or otherwise prepared for an individual customer or consumer. The term prepared food does not include— a raw egg; butchered meat; butchered fish or seafood; or butchered poultry. The term retail establishment means a store or premises at which a person is engaged in the business of selling or providing directly to customers at retail pricing— merchandise, goods, groceries, prepared food, or beverages, for consumption off-premises; or the servicing of an item. The term retail establishment includes— a grocery store; a department store; a pharmacy; a convenience store; a restaurant; a coffee shop; a seasonal or temporary business, including a farmers’ market and a public market; a food truck or other motor vehicle, mobile canteen, trailer, market pushcart, or moveable roadside stand used by a person from which to engage in selling or providing described in subparagraph
(A)directly with customers, without a storefront, including a business delivering prepared foods or other food items, a web-based or catalog business, and a delivery service used by a retail establishment; and a nonprofit organization, charity, or religious institution that— has a retail establishment; and holds itself out to the public as engaging in retail activities that are characteristic of similar type retail businesses, regardless of whether such an activity is carried out on a for-profit basis. The term reusable , with respect to a carryout bag, means that the carryout bag is— a sewn bag with stitched handles; made of cloth or another machine-washable fabric, other than polyethylene or polyvinyl chloride; specifically designed and manufactured for not fewer than 175 uses; and capable of carrying contents weighing 25 pounds or more for a distance of 300 feet or more. The term single-use paper bag means a paper bag that— is 100-percent recyclable; contains— for a paper bag weighing 8 pounds or less, not less than 20 percent post-consumer recycled material; and for a paper bag weighing more than 8 pounds, not less than 40 percent post-consumer recycled material; and displays, in a visible manner on the outside of the paper bag— the word Recyclable ; and the phrase Made from ___ percent post-consumer recycled material , the blank space being filled in with the appropriate percentage of post-consumer recycled material contained in the paper bag. The term single-use plastic bag means a carryout bag that— is made of plastic; and is not reusable. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, no retail establishment or food service business shall provide or sell to a customer any single-use plastic bag. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, a retail establishment or food service business may make available for purchase at the point of sale only, as applicable— reusable carryout bags; or single-use paper bags. The price of a reusable carryout bag or single-use paper bag sold under paragraph
(1)shall be not less than $0.10. Any funds collected under this subsection for the sale of a reusable carryout bag or single-use paper bag shall be retained by the applicable retail establishment or food service business. Except as provided in paragraphs
(2)and (3), effective beginning on the date that is 18 months after the date of enactment of this subtitle— no person shall sell or offer for sale any polystyrene foam food service product; and no food service business shall provide or sell any food in a polystyrene foam food service product. For the 2-year period beginning on the effective date described in paragraph (1), the following products shall be exempt from the prohibitions under that paragraph: Meat and fish trays for raw or butchered meat, including poultry or fish that is sold from a refrigerator or similar appliance. Produce prepackaged by the producer with a polystyrene foam food service product. To be eligible for a waiver of a prohibition under paragraph (1), a person or food service business shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. The Administrator may approve an application under subparagraph (A), and provide to the applicant the waiver requested in the application, if the Administrator determines that— there is no feasible, commercially available alternative for a specific polystyrene foam food service product; or the gross annual income of the applicant for the calendar year preceding the year during which the application is submitted is less than $500,000; and there is no reasonably affordable, commercially available alternative to the polystyrene foam food service product. Subject to clause (ii), a waiver provided under this paragraph may be in effect for a period of not longer than 1 year. On receipt of a written application, the Administrator may extend a waiver provided under this paragraph for additional periods, each of which is not longer than 1 year. Effective beginning on the date that is 18 months after the date of enactment of this subtitle— no person shall sell, offer for sale, provide, or distribute any plastic utensil (including forks, knives, spoons, sporks, and chopsticks), stirrer, splash stick, cocktail stick, sandwich stick, or toothpick; and no food service business shall provide, distribute, or sell any plastic utensil (including forks, knives, spoons, sporks, and chopsticks), stirrer, splash stick, cocktail stick, sandwich stick, or toothpick. In this subsection, the term food service accessory means any item or accessory that typically accompanies a food product provided by a food service business, including— a product used for serving, consuming, or packaging a food or beverage prepared by a food service business, including a cup, bowl, plate, tray, carton, box, wrapper or liner, hinged or lidded container (commonly known as a clamshell ), and napkin; a condiment cup or packet; a cup sleeve, top, lid, or spill plug; and any other similar accompanying item used as part of a food service business. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, a food service business may only provide to a customer a food service accessory for dining onsite, or for a take-out or delivery order, on request of the customer. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, any condiment provided for consumption on the premises of a food service business shall be served from— a reusable container; or a bulk dispenser. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, a food service accessory or condiment— shall not be— bundled; or individually wrapped; and shall be dispensed using a dispenser that provides not more than 1 food service accessory or condiment item at a time to ensure customers receive only the quantity needed. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, each take-out food and delivery ordering platform shall provide— to food service businesses a method to customize the menus of the food service businesses to include a description of the food service accessories and condiments offered for take-out and delivery orders from the food service business; and to customers the option to request specific food service accessories and condiments for inclusion in an order placed on the platform. Notwithstanding any other requirement of this section, a food service business described in subparagraph
(B)may ask a customer if the customer desires or requires a food service accessory— to consume or transport ready-to-consume food; or to prevent food from spilling. A food service business referred to in subparagraph
(A)is a food service business that— is located entirely within a public use airport (as defined in section 77.3 of title 14, Code of Federal Regulations (or a successor regulation)); or provides food products wholly or partially through the use of a drive-through facility. Nothing in this section— restricts the ability of a food service business to provide a single-use plastic straw or single-serve condiment packet to an individual that requests such a straw or packet due to a disability or other medical or physical condition or circumstance; or prohibits a retail establishment from— selling packages of single-use plastic straws to customers; or providing or selling a beverage prepackaged by the manufacturer with a single-use plastic straw, including a juice box. Any person that violates an applicable provision of this subpart (including regulations), shall be subject to— a warning for the initial violation; a fine in an amount equal to not more than $1,000 for the second violation; and a fine in an amount equal to not more than $5,000 for a third or subsequent violation. If a violation described in paragraph
(1)is of a continuing nature, each day during which the violation continues shall be considered to be an additional, separate, and distinct violation for purposes of this subsection. A fine collected pursuant to this subsection shall be remitted to the Administrator. Subject to subsection (a)(3), the Administrator or an affected local government may enforce this subpart. Not later than 120 days after the date of enactment of this subtitle, the Administrator shall— establish a program to assist persons in achieving compliance with this subpart, including by— developing and publishing on a public website guidance relating to that compliance; and establishing an online clearinghouse of vendors that provide environmentally sound alternatives to single-use plastic bags, single-use paper bags, polystyrene foam food service products, and single-use plastic straws; and in cooperation with local governments, environmental organizations, and the business community, develop and implement a public information and education program with respect to this subpart, including— educational materials; public service announcements; and the distribution of— free, reusable carryout bags; and information relating to the environmental harms associated with single-use plastic bags. The Administrator shall promulgate such regulations as the Administrator determines to be necessary to carry out this subpart. In this subpart: The term black plastic means any plastic with a black plastic resin code 1 through 7. The term disposable food service ware means a single-use or disposable product for heating, storing, packaging, serving, consuming, or transporting a prepared or ready-to-consume food or beverage. The term disposable food service ware includes— a bowl, plate, tray, carton, cup, lid, hinged or lidded container, spoon, fork, and knife; any container used by a food establishment to heat, cook, or store a food or beverage prior to serving, regardless of whether the container is used to serve the food or beverage; and any item described in clause
(i)or
(ii)that is sold by a retail establishment to a consumer for personal use. The term food establishment means an operation that serves, vends, or otherwise provides a food product to a third party for consumption or use on or off the premises of the operation, regardless of whether a fee is charged for the food product. The term food establishment includes any facility the operation of which requires a food service permit in accordance with applicable Federal or State law (including regulations). The term food establishment does not include a home or other private setting in which a food product is provided as described in subparagraph (A). The term personal care product includes— shampoo; hair conditioner; bath soap; shower gel; lotion; and hand soap. The term prepared food has the meaning given the term in section 12201. The term retail establishment has the meaning given the term in section 12201. In this section: The term lodging establishment means an establishment that contains 1 or more sleeping room accommodations that are rented or otherwise provided to the public. The term lodging establishment includes— a hotel; a motel; a resort; a bed and breakfast; an inn; and a vacation rental. The term lodging establishment does not include— a hospital; a nursing home; a residential retirement community; a prison or jail; a homeless shelter; a boarding school; a unit of worker housing; a long-term rental; or a house, apartment, or other livable space at which the individual providing a sleeping accommodation as described in subparagraph
(A)is a permanent resident who lives on the premises. The term small plastic bottle means a plastic bottle or container that— has a capacity of less than 6 ounces; and is intended to be nonreusable by the end user. Subject to subsection (c), effective beginning on the applicable date described in paragraph (2), a lodging establishment shall not provide any small plastic bottle containing a personal care product— to any individual staying in a sleeping room accommodation of the lodging establishment; in any space within a sleeping room accommodation of the lodging establishment; or in any bathroom of the lodging establishment that is shared by— the public; or guests of the lodging establishment. The date referred to in paragraph
(1)is— for a lodging establishment with more than 50 rooms, the date that is 180 days after the later of— the date of enactment of this subtitle; and the date on which the lodging establishment commences operation; and for a lodging establishment with 50 or fewer rooms, the date that is 1 year after the later of— the date of enactment of this subtitle; and the date on which the lodging establishment commences operation. Notwithstanding subsection (b), a lodging establishment may provide to an individual, on request of the individual, a personal care product in a small plastic bottle at no cost at a place other than a place described in subsection (b)(1). An agency of a local government with authority to inspect sleeping room accommodations in a lodging establishment may issue a citation for any violation of subsection (b). For an initial violation of the prohibition under subsection (b), an agency described in paragraph
(1)shall issue to the applicable lodging establishment a written warning that includes— a description of the violation; and a notice that any subsequent violation may result in a fine as described in paragraph (3). On a second or subsequent violation of the prohibition under subsection (b), an agency described in paragraph
(1)may assess against the applicable lodging establishment a fine in an amount equal to— not more than $500 for each day of the violation; and not more than a total of $2,000 in any calendar year. A fine collected pursuant to this subsection shall be remitted to the Administrator. It is the sense of Congress that lodging establishments are encouraged to use bulk dispensers of personal care products— to reduce plastic waste; to decrease the operating costs of the lodging establishments; and in a manner that is mindful of the health and safety of individuals. Effective beginning on the date that is 1 year after the date of enactment of this subtitle— no food establishment shall sell, offer for sale, or otherwise distribute any disposable food service ware made using a black plastic; and no retail establishment shall sell, offer for sale, or otherwise distribute— any disposable food service ware made using a black plastic; or any meat tray, fish tray, seafood tray, vegetable tray, or egg carton made wholly or partially using a black plastic. Subject to paragraph (2), the Administrator may exempt a food establishment or retail establishment from an applicable prohibition under subsection
(a)for a period of not more than 180 days on receipt of a written application from the owner or operator of the food establishment or retail establishment. The Administrator may not provide an exemption under paragraph
(1)unless the Administrator determines that— strict enforcement of the prohibition for which the exemption is sought would cause an undue hardship described in paragraph (3); or the applicable food establishment or retail establishment requires additional time in order to deplete an existing inventory of a specific item subject to the prohibition for which the exemption is sought. An undue hardship referred to in paragraph (2)(A) is a situation— that is unique to an applicable food establishment or retail establishment; in which no reasonable alternative to the use of an item subject to a prohibition under subsection
(a)exists; and due to which compliance with this section would create significant economic hardship for the applicable food establishment or retail establishment. Nothing in this section prohibits an individual from personal use of a disposable food service ware or other item made using a black plastic. Effective beginning on the date that is 1 year after the date of enactment of this subtitle, no retail establishment shall sell or distribute any produce to which is affixed a noncompostable sticker. For the initial violation of an applicable prohibition under section 12213 or 12214, the Administrator shall issue to the applicable food establishment or retail establishment a written warning that includes— a description of the violation; and a notice that any subsequent violation may result in a fine or seizure as described in subsection (b). Subject to paragraphs
(2)and (3), a food establishment or retail establishment that has received a written warning under subsection
(a)with respect to a violation of an applicable prohibition under section 12213 or 12214, and that repeats the violation, shall be subject to a fine in an amount equal to— for the first repeat violation during the calendar year in which the written warning was received, $250; for the second repeat violation during that calendar year, $500; and for the third, and any subsequent, violation during that calendar year, $1,000. On a third, or any subsequent, violation of an applicable prohibition under section 12213 or 12214 by a food establishment or retail establishment during a calendar year, the Administrator may seize any products subject to the prohibition that are in the possession of the applicable food establishment or retail establishment. In the case of a food establishment or retail establishment the annual revenue of which is less than $1,000,000, a fine shall not be imposed pursuant to this subsection more than once during any 7-day period. The Administrator may permit a State to carry out enforcement under this section, subject to the conditions that— the Administrator shall determine that the State meets such requirements as the Administrator may establish; and any fines collected by the State under this section shall be remitted to the Administrator. Not later than 2 years after the date of enactment of this subtitle, the Administrator shall establish a competitive grant program under which the Administrator shall provide grants to eligible entities described in subsection
(b)to carry out beverage container reuse and refill projects in accordance with this section. The following entities shall be eligible to receive a grant under this section: An institution of higher education. A nonprofit organization. A unit of county, municipal, or Tribal government. A for-profit entity. A public-private partnership. An eligible entity described in subsection
(b)seeking a grant under this section shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require, including a description of the means by which the project proposed to be carried out by the eligible entity will— expand 1 or more reuse and refill systems to replace single-use plastics, or single-use products containing or lined with plastic, currently used in consumer goods industries, including replacement with food service products and consumer food and beverage products that— are affordable, convenient, scalable, nontoxic, and equitable; and satisfy the requirements described in this part; increase access to, and the capacity of, reuse and refill infrastructure within the State served by the eligible entity; expand consumer knowledge of reuse and refill programs, including through the development of accessible education and outreach programs and materials; and install, and expand access to, sanitation infrastructure in public or community buildings to enable safe and hygienic reuse, including dishwashers and sanitation stations. A material used as part of a reuse and refill project under the program under this section shall not— contain a toxic substance; or be made using prohibited plastic packaging. In awarding grants under this section, the Administrator shall— give priority to any project that, as determined by the Administrator, will— directly benefit a population of color, community of color, Indigenous community, rural community, or low-income community; or achieve more than 1 objective described in subsection (c); and ensure that at least 1 grant is provided in each region of the Environmental Protection Agency. Not later than 2 years after the date of enactment of this subtitle, and not less frequently than once every 3 years thereafter, the Administrator shall submit to Congress, and publish, a report that includes— an estimate of the current and projected consumption of beverage containers and covered products in each State; an assessment of techniques and recommendations to minimize the creation of new materials for the manufacturing of beverage containers and covered products; an assessment of the infrastructure and design needs required to establish a system for reusable and refillable beverage containers in the United States; and a summary of— the grants provided under this section; and the effectiveness of those grants in increasing the proportion that— the number of reusable and refillable beverage containers and covered products used by distributors during each calendar year covered by the report; bears to overall beverage container and covered product consumption during that calendar year. There is authorized to be appropriated to carry out this section $20,000,000 for the period of fiscal years 2024 through 2028. In this section: The term program means the competitive grant program established under subsection (b). The term Secretary means the Secretary of Transportation. Not later than 1 year after the date of enactment of this subtitle, the Secretary shall establish a competitive grant program under which the Secretary, in consultation with the Administrator, shall provide grants for use in accordance with this section to— publicly owned airports that— host not less than 2,500 passenger boardings each calendar year; and receive scheduled passenger service; and train stations located in metropolitan or suburban areas that provide for the transportation of individuals (other than employees or contractors of the station or individuals riding equipment to observe or monitor railroad operations) by railroad through— intercity passenger service; or commuter or other short-haul passenger service. A grant provided under the program may be used for— purchasing and installing stations at which employees, passengers, and other guests may refill reusable beverage containers with drinking water; and promoting the use of reusable beverage containers and water refill stations. An entity described in subsection
(b)seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a description of each project proposed to be carried out using grant funds. Not later than 2 years after the date on which the Secretary provides grants under the program, the Secretary shall submit to Congress a report describing the effectiveness of the projects carried out under the program. There is authorized to be appropriated to carry out the program $5,000,000 for the period of fiscal years 2024 through 2028. The Administrator shall establish a program, to be known as the Clean Communities Program , under which the Administrator shall leverage smart technology and social media to provide technical assistance to units of local government for purposes of cost-effectively— identifying concentrated areas of pollution within the jurisdictions of the units of local government; and implementing source reduction solutions in response to that pollution. Not later than 2 years after the date of enactment of this subtitle, and not less frequently than once every 5 years thereafter, the Administrator shall make publicly available a report describing the feasibility of, and best practices relating to, reuse and refill systems with respect to each of the following sectors: Food service, including— take-out food; the delivery of prepared meals; and meal kits. Consumer food and beverage products. Consumer cleaning products. Personal care products. Transportation and shipping of wholesale and retail goods. Public educational institutions, including institutions of higher education. Other sectors, as identified by the Administrator. The report under subsection
(a)shall include an evaluation and summary of— types of reuse and refill systems for product delivery that can be best used at different scales; methods to ensure equitable distribution of reuse and refill systems for product delivery in populations of color, communities of color, Indigenous communities, and low-income communities; job creation opportunities through the use or expansion of reuse and refill systems; economic costs and benefits for— businesses that deploy reuse and refill system technologies; and parties responsible for waste collection and management; types of local, State, and Federal support needed to expand the use of reuse and refill systems; and existing barriers to the widespread implementation of reuse and refill systems. In preparing the report under subsection (a), the Administrator shall take into consideration relevant information relating to reuse and refill system programs and approaches in States, units of local government, and foreign countries. The purpose of this section is to establish guidelines for a national standardized labeling system for the development of labels for recycling and composting receptacles that use a methodology that is consistent throughout the United States to assist members of the public in properly recycling and composting. In this section: The term public space means a business, an airport, a school, a stadium, a government office, a park, and any other public space, as determined by the Administrator. The term recycling or composting receptacle means a recycling or composing bin, cart, or dumpster. The term residential recycling and composting program means a recycling and composting program that provides services to single-family dwellings, multifamily dwellings or facilities, or both. Not later than 2 years after the date of enactment of this subtitle, the Administrator shall develop and publish guidelines for a national standardized labeling system for use by Organizations to develop labels that— use a national standardized methodology of colors, images, format, and terminology, including to address diverse ethnic populations; shall be placed on recycling and composting receptacles in public spaces and the service area of the Organization in accordance with paragraphs (1)(D) and
(2)of subsection (e); and communicate to users of those recycling and composting receptacles— the specific recyclables and compostables accepted by the Organization; and the specific rules of sorting for the Organization. Each Organization, in accordance with the guidelines published under subsection (c), shall use the national standardized labeling system to develop labels for use on recycling and composting receptacles in public spaces and the service area of the Organization to communicate to users of those recycling and composting receptacles— the specific recyclables and compostables accepted by the Organization; and the specific rules of sorting for the Organization. In developing labels under paragraph (1), an Organization shall develop— a simple version of the label for use on recycling and composting receptacles used in public spaces, which shall list the basic recyclables and compostables accepted by the Organization; and a detailed version of the label for use on recycling and composting receptacles used as part of a residential recycling and composting program of the Organization, taking into consideration the complexity of the covered products and beverage containers disposed of by single-family dwellings and multifamily dwellings and facilities. An Organization shall distribute the simple version of the label developed by the Organization under subsection (d)(2)(A) to each customer of the Organization that owns or operates a public space in the service area of the Organization. The quantity of labels distributed to an owner or operator of a public space under subparagraph
(A)shall be reasonably sufficient to ensure that a label may be placed on each recycling and composting receptacle in that public space. If the quantity of labels distributed under subparagraph
(B)is insufficient, an Organization shall make available to owners and operators described in subparagraph
(A)additional labels to purchase or download. An owner or operator of a public space that receives labels under subparagraph
(A)shall display the labels on the recycling and composting receptacles in that public space. An Organization or municipality, as applicable, that provides services to a residential recycling and composting program in the service area of the Organization or municipality, as applicable, shall display a detailed standardized label developed by the Organization under subsection (d)(2)(B) on each recycling and composting receptacle used by the residential recycling and composting program. Not later than 2 years after the date of enactment of this subtitle, the Administrator, in conjunction with the Commissioner of Food and Drugs and the Director of the National Institutes of Health, shall conduct a study of— the environmental impacts and efficacy of tobacco filters made from plastic; and the environmental impacts of electronic cigarettes, including disposable plastic components of electronic cigarettes. Not later than 180 days after the date on which the study under subsection
(a)is concluded, the Administrator, in conjunction with the Commissioner of Food and Drugs, shall submit a report describing any recommendations of the Administrator for the establishment of a program to reduce litter from, and the environmental impacts of, single-use tobacco filter products and electronic cigarettes to— the Committee on Health, Education, Labor and Pensions of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Energy and Commerce of the House of Representatives. On submission of the report under subsection (b), the Administrator, in conjunction with the Commissioner of Food and Drugs, shall publish in the Federal Register for public comment— a copy of the report; and a description of the actions the Administrator and the Commissioner of Food and Drugs intend to take during the 1-year period beginning on the date of publication to reduce litter from, and the environmental impacts of, single-use tobacco filter products and electronic cigarettes, including recommendations for incorporating plastic tobacco filters and electronic cigarette plastic components into an extended producer responsibility program. No person may export from the United States any plastic waste, plastic paring, or scrap of plastic— to a country that is not a member of the Organization for Economic Cooperation and Development; without the prior informed consent of the relevant authorities in a receiving country that is a member of the Organization for Economic Cooperation and Development, if those exports— are not of a single, nonhalogenated plastic polymer; are contaminated with greater than 0.5 percent of— other plastics; or other materials, including— labels, adhesives, varnishes, waxes, inks, and paints; and composite materials mixing plastics with nonplastic materials; or are to be re-exported to a country that is not a member of the Organization for Economic Cooperation and Development; or that is contaminated with— a hazardous chemical; effective beginning on the date that is 1 year after the date of enactment of this subtitle, a toxic substance; or any other substance, to the extent that the export becomes hazardous waste. Nothing in this subtitle preempts any State or local law in effect on or after the date of enactment of this subtitle that— requires the collection and recycling of any product in a greater quantity than is required under part I; prohibits the sale or distribution of any product that is not prohibited under part I or II; requires any product to be made of a greater percentage of post-consumer recycled material than is required under part I or II; or in any way exceeds the requirements of this subtitle. . The table of contents contained in section 1001 of the Solid Waste Disposal Act ( 42 U.S.C. 6901 note; Public Law 89–272 ) is amended by adding at the end the following: Subtitle K—Extended responsibility for beverage containers and packaging Sec. 12001. Definitions. PART I—Extended responsibility Sec. 12101. Extended responsibility. Sec. 12102. Producer Responsibility Organizations. Sec. 12103. Product Stewardship Plans. Sec. 12104. Membership fees. Sec. 12105. Single-use plastic source reduction requirements. Sec. 12106. Advisory committees. Sec. 12107. Reduction, reuse, and recycling needs assessment. Sec. 12108. National beverage container program. Sec. 12109. Elimination of toxic substances in beverage containers and post-consumer recycled material. Sec. 12110. Reporting and auditing. Sec. 12111. Public outreach and education. Sec. 12112. Reduction and Litter Cleanup Trust Fund. Sec. 12113. Prohibition on certain toxic substances and materials. Sec. 12114. Enforcement. PART II—Reduction of single-use products SUBPART A—Prohibitions on single-use plastic bags and polystyrene foam food service products; accessories on request Sec. 12201. Definitions. Sec. 12202. Bag requirements. Sec. 12203. Food service products. Sec. 12204. Violations; enforcement. Sec. 12205. Education and outreach. Sec. 12206. Rulemaking. SUBPART B—Prohibition on other single-use products Sec. 12211. Definitions. Sec. 12212. Prohibition on certain travel toiletries. Sec. 12213. Prohibitions on black plastics. Sec. 12214. Prohibition on noncompostable produce stickers. Sec. 12215. Enforcement. SUBPART C—Advancing reuse and refill systems Sec. 12221. Grant program to expand equitable access to reusable and refillable packaging. Sec. 12222. Grant program to support water refill stations at airports and train stations. Sec. 12223. Clean Communities Program. Sec. 12224. Report on reuse and refill systems. Sec. 12225. Recycling and composting receptacle labeling. Sec. 12226. Study and action on plastic tobacco filters and electronic cigarettes. PART III—Prohibition on certain exports Sec. 12301. Prohibition on certain exports. PART IV—Local government efforts Sec. 12401. Protection of local governments. .
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- Pub. L. 89-272
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Sec. 101
Extended responsibility for beverage containers and packaging
Pub. L.Pub. L. 89-272
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