Product or package recyclability misleading claims prohibition; recyclable material list creation requirement

1.1 A bill for an act​ 1.2 relating to environment; prohibiting misleading claims regarding product or​ 1.3 packaging recyclability; requiring creation of recyclable materials list; proposing​ 1.4 coding for new law in Minnesota Statutes, chapter 115A.​ 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.6 Section 1. [115A.5503] TRUTH IN LABELING FOR RECYCLABLE PRODUCTS.​ 1.7 Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have​ 1.8 the meanings given.​ 1.9 (b) "Chasing arrows symbol" means an equilateral triangle, formed by three arrows​ 1.10 curved at their midpoints, depicting a clockwise path, with a clear gap separating the apex​ 1.11 of each arrow from the base of the adjacent arrow. Chasing arrows symbol includes variants​ 1.12 of that symbol, including but not limited to one or more arrows arranged in a circular pattern​ 1.13 or around a globe, that are likely to be interpreted by a consumer as implying that the product​ 1.14 or packaging labeled with the chasing arrows symbol is recyclable.​ 1.15 (c) "Design features" means any physical characteristic of a specific product or packaging​ 1.16 that may affect its recyclability, including but not limited to its material, size, shape, or​ 1.17 color.​ 1.18 (d) "Intentionally added PFAS" means perfluoroalkyl or polyfluoroalkyl substances​ 1.19 (PFAS) that are intentionally added to a product by a manufacturer and that have a functional​ 1.20 or technical effect on the product. Intentionally added PFAS includes PFAS that are​ 1.21 breakdown products of a chemical intentionally added to the product.​ 1​Section 1.​ 23-04247 as introduced​02/27/23 REVISOR CKM/AK​ SENATE​ STATE OF MINNESOTA​ S.F. No. 2939​NINETY-THIRD SESSION​ (SENATE AUTHORS: MCEWEN)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​03/15/2023​ Referred to Environment, Climate, and Legacy​ 2.1 (e) "Labeling" means printing, embossing, or otherwise attaching information to a product​ 2.2 or packaging.​ 2.3 (f) "Packaging" means a container and any material that provide a means of transporting,​ 2.4 marketing, protecting, or handling a product. Packaging includes the packaging's design​ 2.5 features.​ 2.6 (g) "Product" means any physical object sold or distributed in commerce. Product includes​ 2.7 the product's design features.​ 2.8 Subd. 2. Recyclable materials list. (a) No later than January 1, 2026, the commissioner​ 2.9 must develop and adopt rules under chapter 14 establishing a list of packaging and products​ 2.10 that the commissioner determines, after considering the design features of the product or​ 2.11 packaging and applying the criteria under subdivision 3, are recyclable in this state.​ 2.12 (b) The commissioner must post a copy of the recyclable materials list on the agency's​ 2.13 website.​ 2.14 (c) The recyclable materials list may not limit the authority of a local unit of government​ 2.15 to determine the packaging and products that a waste collection and recycling program​ 2.16 operated by the local unit of government may accept.​ 2.17 (d) The commissioner must review and may amend the recyclable materials list at least​ 2.18 every three years.​ 2.19 (e) A manufacturer, wholesaler, or retailer may request the commissioner to consider​ 2.20 placing a product or packaging on the materials recycling list by submitting to the​ 2.21 commissioner in writing the reasons why the product or packaging meets the recyclability​ 2.22 criteria established in subdivision 3.​ 2.23 Subd. 3. Recyclability criteria. A product or packaging is considered recyclable in the​ 2.24 state if, as determined by the commissioner, it meets the following criteria:​ 2.25 (1) at least 60 percent of the state's population reside within local units of government​ 2.26 that regularly collect and separate the product or packaging as part of a residential recycling​ 2.27 program;​ 2.28 (2) at least 90 percent of the volume of product or packaging in the state is regularly​ 2.29 sorted and aggregated into defined streams for recycling;​ 2.30 (3) the product or packaging is listed as a separate specification in the most recent version​ 2.31 of the Scrap Specifications Circular published by the Institute for Scrap Recycling Industries;​ 2​Section 1.​ 23-04247 as introduced​02/27/23 REVISOR CKM/AK​ 3.1 (4) at least 75 percent of the volume of product or packaging in the state is recycled into​ 3.2 feedstock that is used to make new products, excluding fuels;​ 3.3 (5) the product or packaging is recycled in sufficient quantity and is of sufficient quality​ 3.4 to maintain a market value;​ 3.5 (6) any plastic packaging or plastic product does not include components, inks, adhesives,​ 3.6 or labels that prevent the recyclability of the packaging, as determined by the most recent​ 3.7 version of APR Design Guide published by the Association of Plastic Recyclers;​ 3.8 (7) the packaging or product does not contain an intentionally added chemical prohibited​ 3.9 under section 115A.965; and​ 3.10 (8) the packaging or product does not contain intentionally added PFAS or PFAS​ 3.11 measured at or above 100 parts per million, as measured in total organic fluorine.​ 3.12 Subd. 4. Deceptive recyclability claims prohibited. (a) Except as provided in paragraph​ 3.13 (c), displaying a chasing arrows symbol or any other statement on a product or packaging​ 3.14 indicating that a product or packaging that is not on the recyclable materials list is recyclable​ 3.15 is a deceptive or misleading claim under this section and section 325F.69, subdivision 1.​ 3.16 (b) No person may offer for sale, sell, distribute, or import in or into the state a product​ 3.17 or packaging for which a deceptive or misleading claim about the recyclability of the product​ 3.18 or packaging is made.​ 3.19 (c) Paragraph (a) does not apply to:​ 3.20 (1) a product or packaging that is not on the initial recyclable materials list compiled by​ 3.21 the commissioner under subdivision 2, for 180 days after the initial recyclable materials list​ 3.22 is published;​ 3.23 (2) a product or packaging that is removed from the recyclable materials list after​ 3.24 commissioner review, for 180 days after the removal;​ 3.25 (3) a product or packaging containing a chasing arrows symbol with a clearly visible​ 3.26 line placed at a 135 degree angle over the chasing arrows symbol indicating that the item​ 3.27 is not recyclable;​ 3.28 (4) a product required under federal or Minnesota law to display a chasing arrows symbol;​ 3.29 or​ 3.30 (5) a statement on a product or packaging that does not contain a chasing arrows symbol​ 3.31 and is not on the materials recyclable list but that directs a consumer to take any of the​ 3.32 following actions:​ 3​Section 1.​ 23-04247 as introduced​02/27/23 REVISOR CKM/AK​ 4.1 (i) compost the product or packaging through an organics recycling program;​ 4.2 (ii) recycle or properly dispose of hazardous materials through a local drop-off program;​ 4.3 (iii) recycle or properly dispose of batteries as directed in section 325E.125; or​ 4.4 (iv) properly recycle electronic waste as directed in sections 115A.1310 to 115A.1330.​ 4.5 (d) If a product or packaging is composed of multiple materials, a chasing arrows symbol​ 4.6 or statement must make clear, in type or chasing arrow symbols of the same font size as the​ 4.7 symbol or the statement, which components are and are not recyclable.​ 4.8 Subd. 5. Enforcement. The commissioner may enforce this section under section 115.071​ 4.9 or 116.072. The attorney general may enforce this section under section 325F.70.​ 4.10 EFFECTIVE DATE. This section is effective the day following final enactment.​ 4​Section 1.​ 23-04247 as introduced​02/27/23 REVISOR CKM/AK​