Last updated October 16, 2024.
The Issue
More than ever, consumers care about the environmental impact of the products they buy. The problem? Companies are taking advantage of our good intentions. They use deceptive labels and marketing tactics to convince consumers that their single-use products and packaging are recyclable, degradable, or compostable, when they are not. This is called “greenwashing.”
Take the chasing arrows symbol, for example. This iconic emblem is often plastered on products and packaging – especially those made of plastic – when they’re not actually recyclable. Only about 5% of plastic waste in the United States gets recycled each year. The rest is burned, buried, or ends up littered. So why are so many plastic products marketed as recyclable?
Or consider the increasing amount of “biodegradable” and “compostable” cups, straws, utensils, and bowls that have become popular within the food industry. While these seem like wonderful alternatives to single-use plastics, many of them don’t degrade, compost, or break down as advertised. Additionally, many of these products are not designed for backyard compost bins and can only be composted in commercial composting facilities, with rare exceptions.
Who is to blame for all this greenwashing? Most of the blame falls on companies that use false and deceptive labels to trick consumers into thinking that products are recyclable, degradable, or compostable. But governments are also at fault for not creating policies to stop these lies from spreading.
The Solution
Truth in Labeling Laws can help stop companies from falsely advertising their products or packaging as environmentally friendly. These laws require companies to prove that their products and packaging are genuinely recyclable or compostable before being permitted to label or market them as such. This significantly reduces consumer confusion around the environmental impacts of the products they buy. It also helps ensure that products and packaging are managed correctly. This means recycling and composting systems don’t get contaminated by other materials that don’t belong.
These laws can be introduced at the state level but do not work at the local or county level. In 2021, California passed one of the strongest Truth in Labeling Laws in the country. The law sets clear requirements that companies must meet before they can label and market their products and packaging as recyclable. Several other states are considering similar proposals. When it comes to compostables, California, Colorado, and Washington are examples of states with strong laws preventing companies from labeling products as compostable unless those products meet stringent criteria.
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We understand that every state is unique and there isn’t a one-size-fits-all approach to enacting sensible and effective Zero Waste laws. We’ve designed this model legislation toolkit to be interactive and customizable, to help you achieve your goals and design a policy that works for you and your community.
Truth in Labeling Laws cannot be implemented at the county or local level. Please see our other toolkits for policies that can be implemented at the county or local level.
1) Download Our Bill Template
This template will help you develop a bill that is customizable for your community. You’ll use the template as you navigate the toolkit and evaluate the different policy approaches. When you select a policy approach you want to move forward with, copy and paste the language from the interactive toolkit into your template.
2) Explore Policy Decisions
Use the toolkit to explore the different policy decisions you can make to develop a tailored proposal that works for you. Each section provides various approaches you can take, along with examples from states that have adopted this approach. The toolkit also includes sample language you can copy and paste into the model bill template to develop a bill that you feel will work best for your state.
3) Make Policy Decisions
With Truth in Labeling Laws the big policy decisions that we help you understand and navigate in our toolkit are:
- Do you want to address false and misleading claims about recyclability, compostability, or both?
- Do you want to establish criteria around recyclability or compostability in your bill, or leave it up to your state environmental agency?
- Do you want to standardize the labeling of “compostable plastics” to reduce consumer confusion about how to manage these products?
Truth in Labeling Law
Before You Begin
This toolkit is presented as a menu of options that you can mix and match to put together the strongest bill you think your community might realistically consider and pass.
To use this toolkit, review each tab (Sections 1-8) to explore the different policy options available. From there, decide which policies you want to include in your own bill. Each section has sample language for you to copy and paste into our downloadable bill template. This is the language you’ll use to create your bill. Below is an outline of the bill’s sections and what they do.
Bill Outline
Section 1:
Definitions
Explains the meaning of key terms in the bill.
Section 2:
Prohibition on Deceptive or Misleading Recyclability Claims
Implements a policy that addresses greenwashing on the recyclability of everyday products and packaging.
Section 3:
Prohibition on Deceptive or Misleading Compostability Claims
Addresses greenwashing related to “compostable” products and packaging.
Section 4:
Prohibition on the Use of Chasing Arrows Symbol for Compostable Products
Prohibits companies that produce compostable products from labeling them as recyclable.
Section 5:
Labeling Requirements for Compostable Products
Standardizes how companies label their compostable products.
Section 6:
Prohibition on the Use of Certain Terms on Plastic Products and Packaging
Prohibits companies from using buzzwords, like “natural” and “plant-based,” that trick customers into thinking a product or packaging is recyclable or compostable.
Section 7:
Rulemaking
Requires your state environmental agency to create rules that will help your Truth in Labeling Law perform at its best.
Section 8:
Enforcement
Authorizes your state to make sure the new law is being followed.
Section 1: Definitions
Every bill starts with a definitions section that defines the key terms and components of the bill.
The bill template includes most of the definitions you’ll need. Please read them over. However, as you work through the toolkit, there may be additional definitions you will need to include depending on the issues you want to address and the approaches you wish to take. Look out for suggested definitions in each section. If you’re including a section or approach that has suggested definitions, copy and paste them into Section 1 of your bill template.
Section 2: Prohibition on Deceptive or Misleading Claims Regarding Recyclability of Products and Packaging
This section is critical to preventing greenwashing because it prohibits companies from labeling or marketing their products or packaging as recyclable, unless those materials are actually recyclable. To be truly recyclable, products and packaging must be routinely collected, sorted, and processed for use in the manufacturing of new products or packaging. In this section, you can either specify what qualifies as recyclable in the bill or delegate that responsibility to the state environmental agency.
Review the following options and choose one to use in your bill.
Set the Requirements for When Companies Can Label and Market Their Products and Packaging as Recyclable in your Bill
With this approach, the law sets the requirements companies must meet to label and market their products and packaging as recyclable. Failure to meet those requirements means that they can’t use the iconic chasing arrows symbol. It also means they can’t include any other label or claim that misleads consumers into thinking that the product or packaging should be put into a recycling bin.
If you choose this approach, expect pushback from the plastic industry and big consumer goods companies. They want to keep labeling their plastic products and packaging as recyclable – even when they know they’re not. If your bill gets close to becoming a law, industry players will also try to change the requirements to weaken the bill. So, stay alert!
This approach doesn’t leave much room for the state agency to change what products or packaging are recyclable in the state. So, if your state has a weak environmental agency, this could be a good approach.
California’s law, which is the only Truth in Labeling Law that addresses recycling labels for consumer goods, takes this approach. In California, companies cannot market or label their products or packaging as recyclable unless they meet strict criteria. The criteria ensure that only materials that are genuinely recyclable get to be labeled as recyclable. This includes making sure it is collected, sorted, and processed for recycling, doesn’t contain harmful and toxic chemicals that limit recyclability, or any components that impact the likelihood or recycling – like shrink wrap labels.
Sample Language for Your Bill
If you take this approach, use the sample language below for SECTION 1 and SECTION 2 of the bill template.
Copy and Paste
Copy and paste the following definitions into SECTION 1 of the bill template.
- “Resin identification code” means a molded, imprinted or raised label on a plastic container or plastic packaging material indicating the type of plastic resin used to produce the container or packaging material.
Now copy and paste the following into SECTION 2 of the bill template.
- Except as otherwise provided in this section, beginning [insert number of years] years after the effective date of this act, a producer may not distribute, sell, or offer for sale in the State any container, or any product contained in, protected by, delivered in, presented in or distributed using packaging material for which a deceptive or misleading claim about the recyclability of the container or packaging material is made.
- A container or packaging material is deemed to be recyclable in the State if:
- The material type and form are collected for recycling by recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the State;
- The material type and form are sorted into defined streams for recycling processes by large volume transfer or processing facilities that process materials that collectively serve at least 60 percent of recycling programs statewide, with the defines streams sent to and reclaimed at the reclaiming facility consistent with the requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal;
- It is designed to ensure recyclability and does not include any components, inks, adhesives, or labels that prevent the recyclability of the product of packaging;
- It does not contain any intentionally added chemical that impacts recyclability;
- It does not contain perfluoroalkyl or polyfluoroalkyl substances or PFAS;
- Notwithstanding the requirements of this section, a container or packaging is considered recyclable in the state if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that no less than 75 percent of the product or packaging sorted and aggregated in the state is reprocessed into new products or packaging.
- The provisions of this section shall not apply to:
- The use of a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or
- The use of a resin identification code placed inside a solid equilateral triangle.
Require the State Environmental Agency to Set the Requirements for When Companies Can Label and Market Their Plastic Products and Packaging as Recyclable
Under this approach, the relevant agency – likely your state environmental agency – will be responsible for developing the rules regarding what is and is not recyclable. If a company’s plastic product or packaging complies with the rules set by the agency, then it can be labeled as recyclable. If not, then it cannot be labeled as recyclable. The law sets out the criteria the agency must use when developing the recyclability rules.
Right now, there is an agency in your state that is responsible for regulating recycling and waste management. This agency can be an extremely valuable resource that knows how recycling works in your state. Letting them set the requirements can ensure that the program aligns with your state’s recycling systems.
However, if you do not feel that this agency is a strong advocate for the environment, then it may be better to set the requirements directly in your bill using Option 1.
Terms Defined
The Basel Convention – is an international treaty focused on addressing sending waste and recyclables to other countries. It sets important requirements to make sure waste and recyclables exported to other countries are managed in an environmentally sound manner. The United States did not sign the treaty.
Sample Language for Your Bill
If you take this approach, copy and paste the following into SECTION 2 of your bill template.
Copy and Paste
- Except as otherwise provided in this section, beginning [insert number of years] years after the effective date of this act, a producer may not distribute, sell, or offer for sale in the State any container or any product contained in, protected by, delivered in, presented in or distributed using packaging material for which a deceptive or misleading claim about the recyclability of the container or packaging material is made.
- A container or packaging material is deemed to be recyclable in the State if the container or packaging material meets applicable recyclability criteria established by the Department by rule pursuant to this subsection.
- In establishing recyclability criteria pursuant to this subsection, the Department shall consider whether the container or packaging materials is:
- Designed to be recyclable in accordance with industry standards and applicable environmental laws and does not include any components, inks, adhesives, or labels that prevent recyclability;
- Regularly collected for recycling by recycling programs that collectively encompass at least 60 percent of the population of the State;
- Regularly sorted and aggregated by itself or with other material categories into streams of material that are consistent with the commodity specifications for use in the production of new products;
- Collected and marketed to responsible and sustained end markets capable of recycling the container or material in accordance with the requirements of the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and their Disposal.
- Notwithstanding the requirements of this section, a container or packaging is considered recyclable in the state if the product or packaging has a demonstrated recycling rate of at least 75 percent, meaning that no less than 75 percent of the product or packaging sorted and aggregated in the state is reprocessed into new products or packaging.
- The provisions of this section shall not apply to:
- The use of a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or
- The use of a resin identification code placed inside a solid equilateral triangle.
Require The State Environmental Agency to Determine What Can and Cannot Be Labeled as Recyclable After Performing a Statewide Recycling Study
Under this approach, companies would be prohibited from labeling or marketing their products or packaging as recyclable unless it is determined by your state environmental agency to be recyclable through a material characterization study. This study evaluates the state’s existing recycling system to identify what materials are actually being recycled. That information is then used to determine what can and cannot be marketed and labeled as recyclable.
The material characterization study will require a lot of work from the state environmental agency, so this approach works best in states where you have a strong agency that is willing to take this on. Performing the study will also require funding from the legislature, so if your state isn’t likely to set aside money for this type of program, you may want to consider an alternative approach.
New Jersey recently explored this approach in a bill that ultimately did not become law. The proposed legislation would have required the New Jersey Department of Environmental Protection to conduct a material characterization study. The results, along with the criteria set in the bill, would have been used to determine which products and packaging can be labeled and marketed as recyclable.
Sample Language for Your Bill
If you take this approach, copy and paste the following into SECTION 2 of your bill template.
Copy and Paste
- Except as otherwise provided in this section, beginning [insert number of years] years after the effective date of this act, a producer may not distribute, sell or offer for sale in the State any container or any product contained in, protected by, delivered in, presented in or distributed using packaging material for which a deceptive or misleading claim about the recyclability of the container or packaging material is made.
- On or before [insert date], to provide information sufficient for evaluating whether a product or packaging is recyclable in the State and is of a material type and form that routinely becomes feedstock used in the production of new products or packaging, the department shall conduct a material characterization study of material types and forms that are collected, sorted, sold, or transferred by recycling centers and solid waste facilities deemed appropriate by the department for inclusion in the study. The study shall identify the products and forms of packaging that are deemed to be recyclable in the State and therefore, permitted to be labeled and marketed as recyclable.
- The department shall update the material characterization study required pursuant to this section every five years, with the first update being issued by the department no later than [insert date five years later than the date you included in bullet number 2].
- For purposes of studying a representative sample of material types and forms in the State, within 90 days after receiving a request from the department, a recycling center shall allow for periodic sampling conducted by a designated representative of the department on a mutually agreed upon date and time. The department shall not request a periodic sampling of a recycling center if that center was sampled during the previous 24 months.
- For each material characterization study conducted pursuant to this subsection, the department shall publish on its Internet website the preliminary findings of the study and conduct a public hearing to present the preliminary findings and receive public comments.
- A container or packaging shall be considered recyclable in the state if, based on information published by the department as part of the material characterization study, the container or packaging is of a material type and form that meets both of the following requirements:
- The material type and form are collected for recycling by curbside recycling programs for jurisdictions that collectively encompass at least 60 percent of the population of the State; and
- The material type and form are sorted into defined streams for recycling by transfer stations, materials recovery facilities, or recycling centers that collectively serve at least 60 percent of recycling programs Statewide, with the defined streams sent to and utilized at a facility that transforms the materials into usable products or feedstocks.
- A container or packaging shall not be considered recyclable pursuant to this section, if the product or packaging:
- Includes any components, inks, adhesives, or labels that prevent the recyclability of the product or packaging; or
- Contains any intentionally added chemical that impacts recyclability, including perfluoroalkyl or polyfluoroalkyl substances or PFAS.
- The provisions of this section shall not apply to:
- The use of a chasing arrows symbol in combination with a clearly visible line placed at a 45-degree angle over the chasing arrow symbol to convey that an item is not recyclable; or
- The use of a resin identification code placed inside a solid equilateral triangle.
Section 3: Prohibition on Deceptive or Misleading Claims Regarding Compostability of Certain Products and Containers
This section is critical to preventing greenwashing. In response to rising awareness of the issues associated with single-use plastics and plastic pollution, consumers and businesses are looking for alternatives like bioplastics. You’ve likely seen them. From earthy-toned bowls and utensils made of cornstarch to clear cups labeled “biodegradable,” bioplastics are quickly becoming the alternative to traditional plastics. And these products are heavily marketed as a solution to plastic pollution.
Companies claim that bioplastics function similarly to traditional plastics while breaking apart faster in the environment. However, these products don’t always decompose as advertised. In fact, because bioplastics aren’t regulated, many of these plastic alternatives can’t be composted in real-world conditions. This means they won’t break down in your backyard compost pile or in most industrial compost systems. Bioplastics need very specific conditions to break down, and those conditions aren’t easy to create. That’s why this section prohibits companies from labeling their products as compostable unless they actually are.
Review the following options and choose one to include in your bill.
Set the Requirements for When Companies Can Label and Market Their Products and Packaging as Compostable in the Law
Under this approach, your bill will include criteria that companies must meet to label and market their products and packaging as “compostable.” This approach doesn’t leave much room for the state agency to water down what can or cannot be considered compostable. So, if your state has a weak environmental agency, this could be a good approach.
In 2023, Washington took this approach. Washington’s law is intended to reduce misleading labeling practices and contamination at compost facilities. It does this by setting requirements that all compostable products must meet, while also setting specific rules for highly problematic goods (i.e., bags and food service items like cups, bowls, plates, and others).
Sample Language for Your Bill
If you take this approach, use the sample language below for SECTION 1 and SECTION 3 of the bill template.
Copy and Paste
Copy and paste the following definitions into SECTION 1 of the bill template.
- “ISO” means the International Organization for Standardization.
- “EN” means the technical specifications and guidelines developed by the European Committee for Standardization.
Now copy and paste the following into SECTION 3 of the bill template.
- Except as otherwise provided in this section, beginning [insert number of years] years after the effective date of this act, a producer may not distribute, sell, or offer for sale in the State any container or any product contained in, protected by, delivered in, presented in, or distributed using packaging material for which a deceptive or misleading claim about the compostability of the container or packaging material is made.
- A container, product, or packaging is considered compostable in the state if it meets at least one of the following standard specifications.
- ASTM standard specification D6400;
- ASTM standard specification D6868;
- ASTM standard specification D8410;
- ISO standard specification 17088;
- EN standard specification 13432;
- A standard specification that is substantially similar to those provided above, as determined by the department; or
- Is composed only of wood, which includes renewable wood, or a fiber-based substrate that contains no plastic, plastic polymer or wax additives, or plastic wax coatings.
Require the State Environmental Agency to Determine When Companies Can Label and Market Their Products and Packaging as Compostable
Under this approach, the relevant agency – likely your state environmental agency – will be responsible for developing the rules regarding what can and cannot be labeled as compostable. If a company’s product or packaging meets the requirements set by the agency, then it can be labeled as compostable. If not, then it cannot be labeled as compostable. The law sets out the basic criteria the agency must use when developing the rules regarding compostability.
Right now, there is an agency in your state that is responsible for regulating recycling, composting, and waste management. This agency can be an extremely valuable resource that knows how composting works in your state. Therefore, having them set the requirements can ensure that the program is tailored to your state’s compost systems.
However, if you do not feel that this agency is a strong advocate for the environment, then it may be better to set the requirements directly in the bill using Option 1.
Sample Language for Your Bill
If you take this approach, use the sample language below for SECTION 1 and SECTION 3 of the bill template.
Copy and Paste
Copy and paste the following definitions into SECTION 1 of the bill template.
- “ASTM” means the American Society for Testing and Materials.
Now copy and paste the following into SECTION 3 of the bill template.
- Except as otherwise provided in this section, beginning [insert number of years] years after the effective date of this act, a producer may not distribute, sell or offer for sale in the State any container or any product contained in, protected by, delivered in, presented in or distributed using packaging material for which a deceptive or misleading claim about the compostability of the container or packaging material is made.
- A container or packaging material is deemed to be compostable in the State if the container or packaging material is deemed to be compostable in the state if the container or packaging material meets applicable compostability criteria established by the Department pursuant to this section.
- In establishing the compostability criteria, the department shall consider whether the container or packaging material:
- Is designed to be compostable in accordance with industry design standards and guidelines;
- Is regularly collected and accepted by composting programs that encompass a significant portion of the State; Contains any chemicals or additives, including perfluoroalkyl and polyfluoroalkyl substances and heavy metals, that are incompatible with compost; and
- Adheres to ASTM, international, or equivalent standard specifications that test the ability of the covered material to break down into compost.
Section 4: Prohibition on the Use of Chasing Arrows Symbol for Compostable Products
This section prohibits companies that produce compostable products from labeling them as “recyclable.” Often, compostable alternatives to single-use plastics look identical to the traditional plastic products they’re replacing. As a result, consumers mistakenly try to recycle them, even though these products aren’t recyclable. In fact, when “compostable” products are placed in recycling bins, they contaminate the recycling stream – which is both costly and harmful.
This section helps avoid consumer confusion and keep compostable products out of the recycling stream where they don’t belong. In its 2023 law regulating claims about compostability, Colorado took this approach by prohibiting companies that produce compostable products from labeling or marketing them as recyclable.
Section 5: Labeling Requirements for Compostable Products
This section standardizes how companies label their compostable products. It requires labeling that allows consumers to quickly and easily identify them as compostable and that they therefore should be placed into a compost bin. It also helps compost facilities easily know that the products and packaging they receive are actually compostable.
Adding this measure will help guarantee that truly compostable products and packaging are put into the right bin so they can be composted. It also helps decrease the likelihood that consumers will place them in the recycling bin, where they don’t belong.
To implement this, your state must monitor and track how compostable products and packaging are labeled. This takes time and effort and may not be the right approach for states with environmental agencies that don’t have the funding or support to track and enforce standardized labeling compliance.
Washington’s law standardizes how compostable products sold or distributed in the state must be labeled. The law requires that they be labeled in a manner that makes them quick and easy to identify as compostable for consumers. This includes clearly printing the word “compostable” on a product, using a logo from a company that indicates the packaging is certified compostable, and using green, brown, or beige coloring. To ensure compliance, companies that sell compostable products are required to submit declarations to the Washington Department of Ecology so they can be compiled into a database.
Sample Language for Your Bill
Copy and paste the following into SECTION 5 of the bill template.
Copy and Paste
- A compostable product or packaging must feature a label that:
- Meets industry standards for being distributable upon quick inspection in both public sorting areas and in processing facilities.
- Uses a logo indicating the product has been certified by a recognized third-party independent verification body as meeting the applicable standard specification;
- Displays the words “compostable,” where possible, to indicate the product has been tested by a recognized third-party independent body and meets the applicable standard specification; and
- Uses green, beige, or brown labeling, color stripping, or other green, beige, or brown symbols, colors, or tinting, marks, or design patterns that help differentiate compostable items from non-compostable items.
Section 6: Prohibition on the Use of Certain Terms on Plastic Products and Packaging
As public concern over the impacts of single-use plastics continues to grow, some companies are labeling their plastic and bioplastic products with terms that don’t have any real meaning. This includes vague claims that say the product or packaging is “biodegradable,” “natural,” and “plant-based,” to name a few.
These words don’t have any legal or industry meaning, and these products often aren’t recyclable or compostable. Yet, the use of these buzzwords tricks consumers and well-intentioned business owners into believing these products are eco-friendly. This section prohibits companies that manufacture these products from using those terms.
This adds an important layer of protection against greenwashing. This measure does add another level of responsibility for the state agency enforcing the law, which may result in some pushback from the agency. On the other hand, if you’re unsure whether you state legislature is willing to regulate when companies can and cannot market and label their products and packaging as recyclable (Section 2), or compostable (Section 3), this section can serve as an additional safeguard that is still significant and potentially easier for the legislature to pass.
Colorado took this approach in its law by prohibiting companies from using buzzwords like “natural,” “biodegradable,” and “decomposable” on their plastic products.
Sample Language for Your Bill
If you take this approach, use the sample language below for SECTION 1 and SECTION 6 of the bill template.
Copy and Paste
Copy and paste the following definitions into SECTION 1 of the bill template.
- “Plastic” means a synthetic material made from fossil fuel or organic-based polymers, such as polyethylene, polystyrene, polypropylene and polycarbonate, that can be molded or blown into specific shapes.
- “Plastic packaging material” means packaging material that is composed predominantly of plastic.
Now copy and paste the following into SECTION 6 of the bill template.
- No person may sell, offer for sale, or distribute for use in the State a plastic container or plastic packaging material that is labeled with the terms “biodegradable,” “degradable,” decomposable,” “oxo-degradable,” or any similar form of these terms, or in any way impact that the plastic product or packaging will break down, fragment, biodegrade, or decompose in a landfill or other environment.
Section 7: Rulemaking
Truth in Labeling laws and most large environmental programs, depend on state environmental agencies to create rules and regulations that help the agencies administer these complex programs. This usually includes setting up systems to monitor companies for compliance, tracking which materials are and are not recyclable and compostable, and information on how to report false and deceptive labels.
Leaving certain elements to agency rulemaking also provides flexibility necessary to ensure the program is tailored to your state’s needs and reflects the nuances of your state’s legal system. Additionally, not every question can be answered up front in a piece of future thinking legislation. There is value in letting state environmental agencies, who are uniquely situated to understand the needs of their states, figure out how to make all the elements work together. This section does just that. It requires your state environmental agency to create rules that will help your Truth in Labeling Law to succeed.
Sample Language for Your Bill
Copy and paste the following into SECTION 7 of the bill template.
Copy and Paste
- The Department shall adopt regulations to administer and enforce the provisions of this act.
Section 8: Enforcement
The requirements and standards in your law don’t amount to much if your state cannot enforce them. The language we’ve drafted for this section allows your state to do just that. There are a few different approaches to consider, so choose the one that works best for your community.
Review the following options and choose one to use in your bill.
Enforcement by the State with Penalties in the Law
This is the most straightforward enforcement provision. It empowers your state to take action against companies that continue to falsely and deceptively market and label their products in violation of the law. The approach includes an educational component, allowing the state environmental agency to issue warnings for initial violations. However, subsequent violations result in fines.
This approach reduces the enforcement burden on the agency while generating additional revenue for the state. New Jersey considered this approach in a recent bill that did not pass. That bill would have subject companies that falsely and deceptively labeled non-recyclable products and packaging to an initial penalty of no more than $10,000. Subsequent offenses would have a penalty of no more than $20,000.
This approach minimizes the enforcement work required by the State Environmental Agency and provides a new source of revenue for the state. New Jersey considered this approach in a recent bill that did not pass. That bill would have subject companies that falsely and deceptively labeled non-recyclable products and packaging to an initial penalty of no more than $10,000. Subsequent offenses would have a penalty of no more than $20,000.
Sample Language for Your Bill
If you take this approach, copy and paste the following language into SECTION 8 of the bill template.
Copy and Paste
- The Department is responsible for administering and enforcing the requirements of this act.
- The Department shall issue a written warning to any person who violates the requirements of this act, or any rule or regulation adopted pursuant to it.
- After receiving a warning, a person who subsequently violates the requirements of this act, or any rule or regulation adopted pursuant to it, shall be subject to a civil penalty of:
- No more than $10,000 dollars for the second violation;
- No more than $20,000 dollars for the third violation; and
- No more than $40,000 dollars for the fourth violation.
- Each day a violation occurs is considered a separate violation.
Enforcement by the State with Power to Request Information from Regulated Companies to Ensure Compliance
Under this approach, the state environmental agency is responsible for enforcing the law, and certain state entities are empowered to request information from companies selling recyclable and compostable products and packaging to ensure they’re complying with the law. This can be helpful when the agency is making enforcement decisions. It also allows recycling and/or compost facilities to request information to learn about how these products should be managed.
This approach works best for states where the environmental agency is proactive and takes enforcement seriously. Colorado took this approach and empowered the Colorado Department of Public Health and Environment, as well as the Attorney General, to request information and documentation from companies selling products and packaging regulated under the law that proves their products are compostable. The law also encourages companies to provide commercial composting facilities with information regarding the characteristics used to test and confirm the compostability of the company’s products and packaging.
Sample Language for Your Bill
If you take this approach, use the sample language below for SECTION 1 and SECTION 8 of the bill template.
Copy and Paste
Copy and paste the following definitions into SECTION 1 of the bill template.
- “Composting Facility” means any solid waste composting facility regulated by the Department.
Now copy and paste the following into SECTION 8 of the bill template.
- At the request of the Department or the Attorney General, a producer shall provide information and documentation demonstrating the producer’s compliance with the requirements of this law in a format that is easily understandable and scientifically accurate, which may include providing a certification demonstrating that a product is compostable or recyclable.
- At the request of a compost facility, a producer is encouraged to provide the compost facility with information regarding the characteristics, such as heat or moisture levels, of the compost environment in which the producer’s product has been tested and found to be compostable.
- At the request of a recycling facility, a producer is encouraged to provide the recycling facility with information regarding the conditions in which the product has been tested and found to be recyclable.
Enforcement by the State with Emphasis on Education, Outreach, and Feedback from Consumers
Under this approach, the state environmental agency is responsible for enforcing the requirements of the law. However, to support the agency’s enforcement, the law incorporates education and outreach language to assist retailers, consumers, and regulated companies. The law also requires the state environmental agency to develop a complaint form for any person to report false or deceptive labels regarding recyclability or compostability. This helps ensure that companies that are violating the law are caught and corrective actions are taken.
Taking this approach requires additional work by the state environmental agency, including developing education and outreach materials, as well as a system for tracking and reviewing complaints. Therefore, this approach may not be a good fit for states where the environmental agency is not experienced or comfortable with public education, outreach, or handling complaints. Colorado adopted this approach.
Sample Language for Your Bill
If you take this approach, copy and paste the following language into SECTION 8 of the bill template.
Copy and Paste
- The Department shall, in collaboration with local governments, conduct education and outreach activities to inform retail establishments, consumers, producers, and retailers about the requirements and prohibitions of this act and the rules developed to administer and enforce this act.
- The Department shall establish a forum that allows any person to file a complaint against a producer for a violation of this act. The forum establish by the Department may include any of the following mechanisms to receive complaints:
- A complaint on the Department website;
- A telephone hotline; or
- A public outreach strategy based on social media.
You’ve drafted your Truth in Labeling Law, but now what? The next step is to find a legislative champion to sponsor your bill and formally introduce it in your state legislature. This should be a legislator who is passionate about the goal you’re trying to achieve and is committed to advocating for the bill.
Understanding and navigating the legislative process can be challenging. But don’t worry, Just Zero is here to help! Although every state’s legislative process is unique, they tend to follow a similar structure.