Covered material labeling

(a) In general If a producer affixes a label or marking on a covered material, on the volition of the producer or by contractual obligation, that states, or that an ordinary consumer would reasonably interpret to indicate, that the covered material is recyclable, compostable, reusable, or refillable, the label or marking shall— (1) be legible, clear, and on the appropriate side of the covered material, such that the ordinary consumer can easily read and understand the label or marking; (2) be consistent with the standardized on-package label established under section 8(a); (3) indicate whether the covered material is— (A) recyclable; (B) compostable; (C) reusable; or (D) refillable; (4) be compatible with the intended method of discard for the covered material, including any shrink sleeve; (5) not require removal by consumers to be compatible with the intended method of discard; and (6) be in accordance with section 5, 6, or 7, as applicable. (b) Requirement If a covered material is not recyclable, eligible for a qualified claim of recyclability, compostable, eligible for a qualified claim of compostability, reusable, or refillable, the producer of the covered material shall ensure that the covered material does not include any label or marking, including the chasing arrows symbol or any equivalent, that would— (1) lead an ordinary consumer to believe that the item is recyclable, compostable, reusable, or refillable, respectively; or (2) direct a consumer to recycle, compost, reuse, or refill, respectively, the covered material. (c) Resin identification code (1) In general All plastic covered materials sold, offered for sale, distributed, or imported into the United States shall be labeled with a resin identification code, which may not be placed inside a chasing arrows symbol, unless— (A) the plastic covered material meets the criteria described in section 5; and (B) placement inside a chasing arrows symbol is the only physically feasible placement, as determined by the Administrator. (2) Preemption No State may impose any requirement that conflicts with the requirement under paragraph (1). (d) Nationwide analysis For purposes of developing the standardized on-package label required under section 8(a), the Administrator, in coordination with the Commission and with consideration of the findings and recommendations of the Advisory Committee, shall— (1) conduct a nationwide analysis of covered material recycling, composting, reuse, and refill facilities to identify which covered materials are commonly collected, sorted, sold, or transferred for recycling, composting, reuse, and refill in the United States that meet the requirements of this Act; and (2) publish a list of categories of covered material identified under paragraph (1). (e) Submission of supporting evidence (1) In general Producers, individually or collectively, may submit to the Administrator technical studies, sorting and processing trials, material flow analyses, end-market assessments, or other evidence to support the classification of a covered material as recyclable, compostable, reusable, or refillable. (2) Consideration The Administrator, in coordination with the Commission, and with consideration of the findings and recommendations of the Advisory Committee, shall review any evidence submitted under paragraph (1) when establishing or revising determinations for recyclable, compostable, reusable, and refillable classifications.