[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5302 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 5302
To create national standards for labeling of covered materials as
recyclable, compostable, reusable, and refillable, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 6, 2026
Mr. Merkley introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To create national standards for labeling of covered materials as
recyclable, compostable, reusable, and refillable, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Truth in Labeling Act of 2026''.
SEC. 2. FINDINGS.
Congress finds that--
(1) there is significant consumer confusion about which
covered materials are recyclable, compostable, reusable, or
refillable;
(2) nationwide definitions of the terms ``recyclable'',
``compostable'', ``reusable'', and ``refillable'' would
provide--
(A) producers and consumers clarity in how to
recycle, compost, reuse, or refill labeled products;
and
(B) consumers confidence that covered materials
that have a chasing arrows symbol, or an equivalent
symbol for recyclable, compostable, reusable, or
refillable, are properly labeled;
(3) the improper use of the chasing arrows symbol, or an
equivalent symbol indicating that a covered material is
recyclable, compostable, reuseable, or refillable, leads to
confusion and qualifies as a deceptive practice under the
Federal Trade Commission Act (15 U.S.C. 41 et seq.);
(4) encouraging producers to design their covered materials
to be recyclable, compostable, reusable, or refillable would
reduce waste and emissions, help the environment, protect
resources, lower expenses for businesses, communities, and
consumers, and diminish the need for virgin raw materials;
(5) proper labeling of covered materials would encourage
end-use consumers to properly recycle, compost, reuse, and
refill covered materials, including packaging, food service
products, and beverage containers;
(6) understanding what does not qualify as recyclable,
compostable, reusable, or refillable is critical for producers,
State and local governments, and consumers;
(7) standardized labeling provides producers with clear
enforceable criteria they can follow to ensure that their
covered materials meet applicable requirements if the producers
choose to use a label;
(8) establishing definitions of the terms ``recyclable'',
``compostable'', ``reusable'', and ``refillable'' that can be
updated as technology and systems advance would benefit
consumers, producers, State and local governments, and waste
management facilities;
(9) having clear, consistent labels would--
(A) assist material recovery facilities and
municipalities in their efforts to recycle and compost
covered materials;
(B) assist in educating the public about those
efforts; and
(C) reduce costs and waste; and
(10) part 260 of title 16, Code of Federal Regulations
(commonly referred to as the ``Green Guides''), provides rules
for marketing claims that are outdated and do not provide
sufficient information to establish labeling criteria at the
national level.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 9.
(3) Beverage container.--The term ``beverage container''
means a consumer prepackaged container that--
(A) is designed to hold a beverage;
(B) is made of any material, including glass,
plastic, fiber, paper, and metal, or a combination
thereof; and
(C) has a volume of not less than 50 milliliters
and not more than 3 liters.
(4) Chasing arrows symbol.--The term ``chasing arrows
symbol'' means--
(A) an equilateral triangle, formed by 3 arrows
curved at their midpoints, depicting a clockwise path,
with a short gap separating the apex of each arrow from
the base of the adjacent arrow; and
(B) any variant of the symbol described in
subparagraph (A) that is likely to be reasonably
interpreted by an ordinary consumer as indicating that
a covered material is recyclable, including one or more
arrows arranged in a circular pattern or around a
globe.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Compost.--The term ``compost'' means a product--
(A) manufactured through the controlled aerobic,
biological decomposition of biodegradable materials;
(B) that has undergone treatment at mesophilic and
thermophilic temperatures; and
(C) that is beneficial to plant growth.
(7) Compostable.--
(A) In general.--The term ``compostable'', with
respect to a covered material, means that the covered
material--
(i) is capable of undergoing aerobic
biological decomposition in a compost system,
such that the covered material becomes visually
indistinguishable from the rest of the material
and breaks down into carbon dioxide, water,
inorganic compounds, and biomass; and
(ii) otherwise meets the criteria described
in section 6(b).
(8) Covered material.--The term ``covered material'' means,
regardless of whether the material is recyclable, compostable,
reusable, or refillable, and regardless of the material type, a
material that is--
(A) packaging;
(B) a food service product; or
(C) a beverage container.
(9) Food service product.--The term ``food service
product'' means an item associated with a food product provided
to a consumer, regardless of whether the item is recyclable,
compostable, reusable, or refillable, including--
(A) a drink cup;
(B) a drink lid;
(C) a food package;
(D) a food container;
(E) a plate;
(F) a bowl;
(G) a sleeve;
(H) a straw;
(I) a tray;
(J) a utensil;
(K) a food wrap; and
(L) such other items as the Administrator, in
coordination with the Commission, determines to be
appropriate.
(10) Packaging.--
(A) In general.--The term ``packaging'' means any
separable and distinct material piece, regardless of
whether the material piece is recyclable, compostable,
reusable, or refillable, 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.
(B) Inclusions.--The term ``packaging'' includes an
item described in subparagraph (A) that is--
(i) sales packaging or primary packaging
intended for the consumer market;
(ii) 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;
(iii) secondary packaging used to group
products for multiunit sale; or
(iv) a packaging component or ancillary
element integrated into packaging, including an
ancillary element directly hung onto or
attached to a product and that performs a
packaging function, except--
(I) an element of the packaging
with a de minimis weight or volume, as
determined by the Administrator; and
(II) a component or element that is
an integral part of the product, if all
components or elements of the product
are intended to be consumed or disposed
of together.
(C) Exclusions.--The Administrator may exempt from
the term ``packaging'' under this paragraph a material
that the Administrator determines--
(i) is de minimis; and
(ii) does not impact the recyclability,
compostability, reusability, or refillability
of the package.
(11) Person.--
(A) In general.--The term ``person'' means an
individual or entity described in subparagraph (B) that
sells, offers for sale, or distributes a covered
material in the United States--
(i) directly to consumers; or
(ii) to an individual or entity described
in subparagraph (B) that sells, offers for
sale, or distributes the covered material in
the United States to consumers.
(B) Entities described.--An entity referred to in
subparagraph (A) is a corporation, company,
partnership, joint venture, association, joint-stock
company, trust, estate of a deceased individual,
foundation, fund, institution, society, union, or club,
regardless of whether such entity is incorporated.
(12) Plastic.--
(A) In general.--The term ``plastic'' means a
synthetic or semisynthetic material that is--
(i) synthesized by the polymerization of
organic substances; and
(ii) capable of being shaped into various
rigid or flexible forms.
(B) Inclusions.--The term ``plastic'' includes any
coating or adhesive material described in subparagraph
(A).
(C) Exclusions.--The term ``plastic'' does not
include--
(i) natural rubber; or
(ii) material containing only naturally
occurring polymers, such as proteins and
starches.
(13) Producer.--The term ``producer'', with respect to a
covered material, means--
(A) the person that affixes, or directs to affix,
to the covered material a chasing arrows symbol, a
label, or any other marking that indicates that the
covered material is recyclable, compostable, reusable,
or refillable; or
(B) if the covered material was labeled as
recyclable, compostable, reusable, or refillable in
accordance with this Act and has subsequently been
modified such that the covered material is not
recyclable, compostable, reusable, or refillable,
respectively, the person that so modified the covered
material.
(14) Qualified claim of compostability.--The term
``qualified claim of compostability'' means a qualified claim
of compostability described in section 6(a)(2).
(15) Qualified claim of recyclability.--The term
``qualified claim of recyclability'' means a qualified claim of
recyclability described in section 5(a)(2).
(16) Recyclable.--The term ``recyclable'', with respect to
a covered material, means that the covered material meets the
criteria described in section 5(b).
(17) Refillable.--The term ``refillable'', with respect to
a covered material, means that the covered material--
(A) is designed to be--
(i) refilled by consumers multiple times
for the same or a similar purpose and in the
original format of the covered material; and
(ii) sold or provided to consumers once for
the duration of the usable life of the covered
material; and
(B) otherwise meets the criteria described in
section 7(b).
(18) Resin identification code.--The term ``resin
identification code'' means a code that indicates the resin
used to produce a plastic covered material that meets the
requirements of ASTM International Standard D7611/D7611M-21--
(A) as in effect on the date of enactment of this
Act; or
(B) as revised after the date of enactment of this
Act, if the revision is approved by the Administrator.
(19) Responsible end market.--The term ``responsible end
market'' means a material market, and intermediate supply chain
entities, that--
(A) is where collected, processed, and separated
covered materials are purchased and manufactured into
new, saleable products or feedstock;
(B) has sufficient capacity to handle the quantity
of covered materials collected; and
(C) recovers covered materials and disposes of
contaminants in a manner that minimizes environmental
harm and risks to public health and worker health and
safety.
(20) Reusable.--The term ``reusable'', with respect to a
covered material, means that the covered material--
(A) is intentionally designed and marketed to be
recovered, inspected, repaired (if necessary), and
reissued by producers into the supply chain for
convenient and safe reuse for multiple cycles; and
(B) otherwise meets the criteria described in
section 7(b).
(21) United states.--The term ``United States'' means the
50 States, the District of Columbia, and the territories and
possessions of the United States.
SEC. 4. 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 paragr