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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.''.
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