Enforcement

(a) General prohibition Beginning on the date that is 2 years after the date on which the Administrator, in coordination with the Commission, establishes or approves standardized on-package labels under section 8(a), it shall be considered a deceptive practice under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) for any producer of a covered material to sell, use, distribute, or import in commerce any covered material, except in compliance with this Act. (b) Recyclable criteria (1) In general Beginning on the date that is 2 years after the date on which the Administrator, in coordination with the Commission, establishes or approves standardized on-package labels under section 8(a) but subject to paragraph (2), it shall be considered a deceptive practice and unlawful under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer of a covered material to sell, use, distribute, or import in commerce any covered material that displays— (A) a chasing arrows symbol or any other symbol or statement indicating the covered material is recyclable or otherwise directing the consumer to recycle the covered material unless the covered material is considered recyclable under this Act; or (B) a chasing arrows symbol surrounding a resin identification code, as prohibited by section 4(c). (2) Exceptions (A) Establishment or revision of standards Paragraph (1) does not apply to a covered material— (i) if the covered material is manufactured before the date that is 18 months after the date on which the Administrator, in consultation with the Commission, publishes the standardized on-package labels under section 8(a), including any revisions; or (ii) if— (I) the Administrator revises the criteria standards for recyclability; (II) the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision; and (III) the covered material is manufactured before the date that is 18 months after the date of the revision. (B) Other exceptions For purposes of this subsection, none of the following constitutes a deceptive or misleading claim about the recyclability of a covered material: (i) Symbology A person using a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrows symbol to convey that an item is not recyclable. (ii) Resin identification codes A resin identification code placed inside a solid equilateral triangle. (iii) Qualified claim A qualified claim of recyclability. (3) Use on nonrecyclable products Subject to paragraph (2), if the entirety of a covered material is not recyclable but components of the covered material are recyclable, a chasing arrows symbol or statement indicating that a covered material is recyclable may be displayed on the external packaging that is considered to be recyclable if the chasing arrows symbol or statement clearly describes in the same or greater font, font size, or symbol size— (A) which components of the covered material are not recyclable; and (B) how to properly remove those components. (4) Applicability to consumable products (A) Definition of consumable product In this paragraph, the term consumable product means a commodity that is intended to be used and not disposed of. (B) Rule For purposes of this subsection, the display of a chasing arrows symbol or any other statement of recyclability on packaging containing a consumable product shall be deemed to only refer to the packaging. (c) Compostable criteria (1) In general Beginning on the date that is 2 years after the date on which the Administrator, in coordination with the Commission, establishes or approves standardized on-package labels under section 8(a) but subject to paragraph (2), it shall be considered a deceptive practice and unlawful under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer of a covered material to sell, use, distribute, or import in commerce any covered material that displays a symbol approved to indicate that a product is compostable, any statement indicating that the covered material is compostable, or otherwise directing the consumer to compost the covered material unless the covered material is considered compostable under this Act. (2) Exceptions (A) Establishment or revision of standards Paragraph (1) does not apply to a covered material— (i) if the covered material is manufactured before the date that is 18 months after the date on which the Administrator, in consultation with the Commission, publishes the standardized on-package labels under section 8(a), including any revisions; or (ii) if— (I) the Administrator, in consultation with the Commission, revises the criteria standards for compostable; (II) the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision; and (III) the covered material is manufactured before the date that is 18 months after the date of the revision. (B) Other exceptions For purposes of this subsection, none of the following constitutes a deceptive or misleading claim about a covered material as being compostable: (i) Symbology A person using a compostable symbol in combination with a clearly visible line placed at a 45-degree angle over the compostable symbol to convey that an item is not compostable. (ii) Noncompostable packaging Directing a consumer to compost a product inside of a covered material through a composting program if the product inside the covered material is compostable but the covered material is not compostable. (iii) Qualified claim A qualified claim of compostability. (3) Use on noncompostable products Subject to paragraph (2), if the entirety of a covered material is not compostable but components of the covered material are compostable, a compostable symbol or statement indicating a product is compostable may be displayed on the external packaging that is considered to be compostable if the symbol or statement clearly describes in the same or greater font, font size, or symbol size— (A) which components of the covered material are not compostable; and (B) how to remove and dispose of those components. (4) Applicability to consumable products (A) Definition of consumable product In this paragraph, the term consumable product means a commodity that is intended to be used and not disposed of. (B) Rule For purposes of this subsection, the display of a compostable symbol or any other statement that a covered material is compostable on packaging containing a consumable product shall be deemed to only refer to the packaging. (d) Reusable and refillable criteria (1) In general Beginning on the date that is 2 years after the date on which the Administrator, in coordination with the Commission, establishes or approves standardized on-package labels under section 8(a) but subject to paragraph (2), it shall be considered a deceptive practice and unlawful under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer of a covered material to sell, use, distribute, or import in commerce any covered material that displays a symbol approved to indicate that a product is reusable or refillable, any statement indicating that the product or packaging is reusable or refillable, or otherwise directing the consumer to reuse or refill the covered material unless the covered material is considered reusable or refillable under this Act. (2) Exception Paragraph (1) does not apply to a covered material— (A) if the covered material is manufactured before the date that is 18 months after the date on which the Administrator, in consultation with the Commission, publishes the standardized on-package labels under section 8(a), including any revisions; or (B) if— (i) the Administrator, in consultation with the Commission, revises the criteria standards for reusable or refillable; (ii) the covered material met the criteria standards before the revision but no longer meets the criteria standards after that revision; and (iii) the covered material is manufactured before the date that is 18 months after the date of the revision. (e) Safe harbor (1) In general A covered material included on a list published under section 5(e), 6(f), or 7(d) shall be considered recyclable, compostable, or reusable or refillable, respectively, for purposes of subsection (b)(1)(A), (c)(1), or (d)(1), respectively. (2) Grace period If a covered material is removed from a list published under section 5(e), 6(f), or 7(d), for the 1-year period beginning on the date of removal, the covered material shall be considered recyclable, compostable, or reusable or refillable, respectively, for purposes of subsection (b)(1)(A), (c)(1), or (d)(1), respectively. (f) Penalties (1) Civil penalty (A) Notification In the case of a violation of this section, not later than 30 days after the date of a finding of the Commission of that violation, the Commission shall provide the person that violated this section notice of the violation and a 180-day period to rectify the violation. (B) Fines Any person that violates this section, is provided notice under subparagraph (A), and does not rectify the violation by the end of the period described in that subparagraph shall be fined for each violation and for each day that the violation occurs under section 5(m)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 45(m)(1)(B)). (C) Use of funds (i) In general Any fines collected under subparagraph (B) shall be available to and used by the Administrator, without further appropriations, to carry out— (I) the Solid Waste Infrastructure for Recycling Grant Program authorized by section 302(a) of the Save Our Seas 2.0 Act (33 U.S.C. 4282(a)); (II) the Consumer Recycling Education and Outreach Grant Program established under section 70402(b) of the Infrastructure Investment and Jobs Act (42 U.S.C. 6966d(b)) to enhance recycling, composting, reuse, and refill infrastructure and education; and (III) any educational or outreach program authorized by this Act. (ii) Supplement; not supplant Any amounts made available by clause (i) shall supplement, and not supplant, any other amounts made available to carry out the programs described in subclauses (I) and (II) of that clause. (2) Injunctive relief The Commission may bring a civil action to enjoin the sale, distribution, or importation into the United States of a covered material in violation of this Act. (3) State enforcement The Commission may permit a State to carry out enforcement under paragraph (1)(A) or (2) if the Commission determines that the State meets such requirements as the Commission may establish. (4) No preemption Except as provided in section 4(c), nothing in this Act shall preempt any State law. (g) Green guides In the case of a conflict between any provision of this Act and part 260 of title 16, Code of Federal Regulations, the provision of this Act shall control. (h) Commission regulations The Commission may promulgate such regulations as the Commission determines are necessary to carry out this Act.