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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10112 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10112
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a system to regulate compostable agricultural packaging, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 12, 2024
Mrs. Chavez-DeRemer introduced the following bill; which was referred
to the Committee on Agriculture
_______________________________________________________________________
A BILL
To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to
establish a system to regulate compostable agricultural packaging, 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 ``Compostable Agriculture Packaging
Act of 2024'' or the ``CAP Act of 2024''.
SEC. 2. PACKAGING AND CLAIMS KNOWLEDGE ACT OF 2024.
Section 1472 of the Food, Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 5402) is amended by adding at the end the following:
``(e) Compostable Packaging.--
``(1) Definitions.--In this section:
``(A) Accreditation.-- The term `accreditation'
means a determination by a recognized accreditation
that a third-party certification body meets the
applicable requirements for verifying compostable
material.
``(B) Accreditation body.--The term `accreditation
body' means a person that performs accreditation of
third-party certification bodies.
``(C) Accredited third-party certification body.--
The term `accredited third-party certification body'
means a third-party certification body that a
recognized accreditation body has determined meets the
applicable requirements and is accredited to evaluate,
develop, and authorize compostable claims and
instructions for consumer product packaging.
``(D) Claim.--The term `claim' means any statement
or representation on labeling that is conveyed through
any means, including through writing, symbols, marks,
graphics, or electronic or digital links, except that a
claim shall not include any instructions regarding how
to compost packaging.
``(E) Compostable.--The term `compostable' means
the packaging will break down into, or otherwise become
part of, usable compost (e.g., soil-conditioning
material, mulch) in an appropriate industrial
composting facility, or in a home compost pile or
device, within a reasonable and specified period of
time.
``(F) Consumer product.--The term `consumer
product' means any tangible product which is sold,
offered for sale, or distributed in the United States,
or intended to be sold, offered for sale, or
distributed in the United States, to a person that is
an individual consumer, which is normally used or
consumed by an individual consumer, including, but not
limited to, for personal, recreational, educational,
family, household, or personal property maintenance or
care purposes, and shall include products that are
ordinarily available for purchase by individual
consumers.
``(G) Label.--The term `label' means a display of
written, printed, or graphic matter upon, or attached
to, packaging.
``(H) Labeling.--The term `labeling' means all
labels and other written, printed, or graphic matter
accompanying such packaging at any time or to which
reference is made on the label or in literature
accompanying the packaging.
``(I) Packaging.--The term `packaging' means any
material that is used for the containment, protection,
handling, delivery, and presentation of a tangible
product, including food, that is sold, offered for
sale, or distributed in the United States.
``(J) Person.--The term `person' means an
individual, trust, firm, joint stock company,
corporation (including a government corporation),
partnership, association, State, municipality,
commission, political subdivision of a State, or any
interstate body and shall include each department,
agency, and instrumentality of the United States.
``(K) Recognized accreditation body.--The term
`recognized accreditation body' means an accreditation
body that the Secretary has determined meets the
applicable requirements and is authorized to accredit
third-party certification bodies.
``(L) Third-party certification body.--The term
`third-party certification body' means a person that is
eligible to be considered for accreditation to
evaluate, develop and authorize compostable claims and
instructions for consumer product packaging.
``(2) Establishment of system for recognition of
accreditation bodies and accreditation of third-party
certification bodies to authorize compostable claims and
instructions for consumer product packaging.--
``(A) Recognition of accreditation bodies.--No
later than 18 months after the adoption of this
section, the Director shall--
``(i) establish a system for the
recognition of accreditation bodies and begin
accepting applications from accreditation
bodies; and
``(ii) promulgate regulations to establish
model accreditation criteria for recognized
accreditation bodies to use in accrediting
third-party certification bodies who shall
evaluate, develop and authorize compostable
claims and instructions for consumer product
food packaging.
``(B) Action on applications for recognition of
accreditation bodies.--The Director shall act on an
application from an accreditation body within 120 days
after receipt of the accreditation body's application
by denying the application or recognizing the
accreditation body.
``(C) Fees.--The Secretary shall have no authority
to collect fees as part of the application process for
accreditation bodies.
``(D) Duration of recognition.--Recognition of
accreditation, once granted, shall not lapse unless the
recognized accreditation body voluntarily ceases to
accredit third-party certification bodies or the
recognition of accreditation is revoked under this
section.
``(E) Final agency action.--Denial of an
accreditation body's application by the Director shall
constitute a final agency action that may be challenged
in the United States District Courts.
``(F) Direct accreditation.--If, by the date that
is 4 years after the adoption of Compostable
Agriculture Packaging Act of 2024, the Director has not
identified and recognized an accreditation body, the
Secretary may directly accredit third-party
certification bodies.
``(G) Publication requirements for recognized
accreditation bodies.--The Secretary shall publish a
list of recognized accreditation bodies on the
Environmental Protection Agency's website.
``(H) Lists of accredited third-party certification
bodies and publication requirements.--Recognized
accreditation bodies shall provide a list of accredited
third-party certification bodies to the Secretary and
the Secretary shall publish a list of accredited third-
party certification bodies.
``(I) Conflicts of interest.--A recognized
accreditation body shall not be owned, managed, or
controlled by any person that owns or operates an
accredited third-party certification body.
``(3) Development of model accreditation criteria
regulations.--
``(A) Regulations.--
``(i) In general.--A compostable claim for
consumer product packaging, and instructions
for how to compost consumer product packaging,
may be used only if authorized by an accredited
third-party certification body that a
recognized accreditation body has determined
meets the model accreditation criteria
developed by the Director.
``(ii) Requirements.--The Secretary shall
promulgate regulations to establish model
accreditation criteria for--
``(I) the use of compostable claims
for consumer product packaging that are
not false or misleading, and in so
doing shall--
``(aa) work with the
Federal Trade Commission and
coordinating on issues relating
to the use of compostable
claims for consumer product
packaging that are not false or
misleading;
``(bb) incorporate
prominent standards in place on
the date of the enactment of
this Act and that relate to use
of compostable claims for
consumer product packaging;
``(cc) consider different
types of consumer product
packaging materials;
``(dd) consider different
colors, shapes, and sizes of
consumer product packaging
materials;
``(ee) consider the use of
different methods, including
any existing, emerging, or
future technologies, in
authorizing a range of
disclosure options for claims
that consumer product packaging
is compostable; and
``(ff) have no authority to
require, compel, or otherwise
mandate a person to make a
claim that consumer product
packaging is compostable.
``(II) use of acceptable labeling
instructions for how to compost
consumer product packaging that are
clear and readily understandable, and
in so doing shall--
``(aa) incorporate
prominent standards in place on
the date of the enactment of
this act and that relate to use
of labeling instructions for
how to compost consumer product
packaging;
``(bb) consider different
types of consumer product
packaging materials;
``(cc) consider different
colors, shapes, and sizes of
consumer product packaging
materials;
``(dd) provide for the use
of different methods, including
any existing, emerging, or
future technologies, in
authorizing a range of
disclosure options for
instructions for how to compost
product packaging; and
``(ee) have no authority to
require, compel, or otherwise
mandate a person to include
instructions for how to compost
consumer product packaging.
``(B) Evaluations of third-party certification
bodies.--Prior to accrediting a third-party
certification body, a recognized accreditation body may
perform such reviews of the internal systems and
undertake other investigations of the third-party
certification body to determine whether each accredited
third-party certification body has the systems in place
to ensure the model accreditation standards are met
when the accredited third-party certification body
evaluates, develops, and authorizes compostable claims
and instructions for consumer product packaging.
``(C) Non-consumer product packaging.--Any
regulations or requirements imposed under this section
shall not apply to non-consumer product packaging
except that compostable claims for non-consumer product
packaging are subject to other provisions of the law.
``(4) Records access and procedures for revocation and
reinstatement of recognized accreditation bodies.--
``(A) Records.--Following the recognition of an
accreditation body, or the accreditation of a third-
party certification body by a recognized accreditation
body, the Secretary may, at any time, request the
recognized accreditation body or any accredited third-
party certification body to provide records and other
documents for purposes of determining compliance with
the model accreditation criteria established under law.
``(B) Revocation of recognition of an accreditation
body.--The Secretary may revoke the recognition of any
accreditation body found to have knowingly and
intentionally accredited a third-party certification
body that is not in compliance with the model
accreditation criteria.
``(5) Use of resin identification codes.--Packaging that is
not eligible to bear a compostable claim shall not bear a Resin
Identification Code (RIC) that is surrounded by 3 chasing,
triangulated arrows, except that such packaging may bear a RIC
that is surrounded by an equilateral triangle, consistent with
ASTM International Standard D7611/D7611M-19.
``(6) Misbranded packaging.--Packaging is misbranded if it
knowingly and intentionally--
``(A) bears a compostable claim that is false or
misleading; or
``(B) is consumer product packaging that does not
conform to the requirements, including any regulations
established by the Secretary, under this section.
``(7) Enforcement.--
``(A) Enforcement authority.--The Secretary shall
only have the authorities specified in this section to
enforce violations of this subtitle, including the lack
of any authority to recall any products, or to assess
criminal penalties or seek imprisonment, on the basis
of whether any packaging for such products is
misbranded under this subtitle.
``(B) Jurisdiction.--In order to facilitate the
efficient regulation and enforcement of the provisions
of this subtitle, it is established that--
``(i) the Secretary shall exercise primary
jurisdiction over a claim that any packaging,
including packaging for consumer products and
non-consumer products, is compostable;
``(ii) the Federal Trade Commission shall
exercise primary jurisdiction over other
matters regarding advertising that packaging is
compostable; and
``(iii) the Secretary and the Federal Trade
Commission shall enter into a memorandum of
understanding for the purpose of joint planning
and coordination, exchange of information, and
the careful selection of the procedure of
either Agency promising greatest benefits to
the public.
``(C) Proceedings in the name of the united
states.--All such proceedings for the enforcement, or
to restrain violations, of this subtitle shall be by
and in the name of the United States.
``(D) Preemption.--No State or political
subdivision of a State may establish, enforce, or
continue in effect any provision of law or a legal
requirement that is not identical with any requirement,
including any regulations promulgated by the Secretary,
under this section, and no person shall be liable under
the laws of any State or any political subdivision
thereof for making a compostable claim for consumer
product packaging that is authorized by an accredited
third-party certification body.
``(E) Injunctive relief.--A civil action may be
brought only in United States District Court to enjoin
the sale, distribution, or importation into the United
States of packaging that is misbranded within the
meaning of this section. Such actions may be brought by
the Secretary, or by the Attorney General, in any
United States District Court for a district wherein the
violation occurred, or in the United States District
Court for the district wherein the defendant is found
or transacts business.
``(F) Compliance dates.--Packaging shall not be
subject to any of the requirements imposed under this
subtitle, including any standards that are promulgated,
until January 1, 2028, or at a later date, if the
Secretary determines additional time is needed.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Agriculture.
Referred to the Subcommittee on Conservation, Research, and Biotechnology.
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