I

103D CONGRESS

1ST SESSION H. R. 368

To prohibit the introduction of a plastic container into interstate commerce

that does not contain a marking that identifies the type of plastic

resin used to produce the container, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Ms. SNOWE introduced the following bill; which was referred to the Committee

on Energy and Commerce

A BILL

To prohibit the introduction of a plastic container into interstate commerce that does not contain a marking that

identifies the type of plastic resin used to produce the

container, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Plastic Container Iden5 tification Act of 1993’’.

6 SEC. 2. MARKING OF PLASTIC CONTAINERS.

7 (a) IN GENERAL.—The introduction or delivery for

8 introduction into interstate commerce of any plastic con-
2

•HR 368 IH

1 tainer that does not contain a marking that is in accord2 ance with subsection (b) is prohibited.

3 (b) CONTENT OF MARKING.—In order to meet the

4 requirement of this subsection, a plastic container shall

5 contain on the bottom of such container a molded plastic

6 marking that identifies the type of plastic resin used to

7 produce such container. Such marking shall consist of let8 ters placed below a number. The letters and numbers shall

9 be as follows:

10 (1) For polyethylene terephthalate, the letters

11 ‘‘PETE’’ and the number 1.

12 (2) For high density polyethylene, the letters

13 ‘‘HDPE’’ and the number 2.

14 (3) For vinyl, the letter ‘‘V’’ and the number 3.

15 (4) For low density polyethylene, the letters

16 ‘‘LDPE’’ and the number 4.

17 (5) For polypropylene, the letters ‘‘PP’’ and the

18 number 5.

19 (6) For polystyrene, the letters ‘‘PS’’ and the

20 number 6.

21 (7) For any other plastic resin, including multi22 layer, the letters ‘‘OTHER’’ and the number 7.

23 (c) PENALTIES.—A person who violates subsection

24 (a) shall be subject to the same penalties as if in violation

25 of section 301(a) of the Federal Food, Drug, and Cosmetic
3

•HR 368 IH

1 Act (21 U.S.C. 331(a)), and a plastic container that does

2 not contain a marking that is in accordance with sub3 section (b) shall be subject to the seizure procedures con4 tained in section 304 of such Act (21 U.S.C. 334).

5 (d) DEFINITION OF PLASTIC CONTAINER.—As used

6 in this section, the term ‘‘plastic container’’ means a rigid

7 container made of synthetic or natural polymerized resins

8 or cellulose derivatives that is used to package a beverage,

9 food item, or other item and that retains its shape whether

10 full or empty.

11 (e) EXEMPTION.—A plastic container with a volume

12 of 8 ounces or less which is used to package pharma13 ceutical products is exempt from the requirement con14 tained in subsection (a).

15 (f) EFFECTIVE DATE.—Subsection (a) shall apply to

16 any plastic container that is introduced or delivered for

17 introduction into interstate commerce after January 1,

18 1995.

19 SEC. 3. REPORT.

20 Not later than 180 days after the date of the enact21 ment of this Act, the Administrator of the Environmental

22 Protection Agency shall submit to Congress a report con23 taining—

24 (1) a plan for promoting, through educational pro25 grams and other methods, the recycling of plastic products
4

•HR 368 IH

1 covered under section 2(a), as well as other plastic prod2 ucts, and

3 (2) recommendations for reducing the amount of non4 recyclable and nonbiodegradable plastic used in the manu5 facture of products.

Æ