I 
116TH CONGRESS 
2D SESSION 
H. R. 5845 
To amend the Solid Waste Disposal Act to reduce the production and use 
of certain single-use plastic products and packaging, to improve the 
responsibility of producers in the design, collection, reuse, recycling, 
and disposal of their consumer products and packaging, to prevent pollu-
tion from consumer products and packaging from entering into animal 
and human food chains and waterways, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2020 
Mr. LOWENTHAL (for himself, Ms. CLARK of Massachusetts, Mr. COHEN, Mr. 
QUIGLEY, Ms. BARRAGA´N, Mr. CASE, Mr. CONNOLLY, Mr. ENGEL, Ms. 
HAALAND, Mr. HASTINGS, Mr. HUFFMAN, Ms. JAYAPAL, Mr. KHANNA, 
Ms. LEE of California, Mr. LEVIN of California, Mr. TED LIEU of Cali-
fornia, Ms. MCCOLLUM, Mr. MOULTON, Ms. NORTON, Mr. PANETTA, Ms. 
PINGREE, Mr. RASKIN, Mr. ROUDA, Mr. SARBANES, Ms. SCHAKOWSKY, 
Mr. SUOZZI, Ms. TLAIB, Ms. VELA´ZQUEZ, Ms. WATERS, and Mr. 
WELCH) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Ways and Means, Transportation and Infrastructure, and Foreign Af-
fairs, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To amend the Solid Waste Disposal Act to reduce the pro-
duction and use of certain single-use plastic products 
and packaging, to improve the responsibility of producers 
in the design, collection, reuse, recycling, and disposal 
of their consumer products and packaging, to prevent 
pollution from consumer products and packaging from 
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entering into animal and human food chains and water-
ways, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Break Free From 
Plastic Pollution Act of 2020’’. 
SEC. 2. PRODUCER RESPONSIBILITY FOR PRODUCTS AND 
PACKAGING. 
(a) IN GENERAL.—The Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding at the end 
the following: 
‘‘Subtitle 
K—Producer 
Responsi-
bility for Products and Pack-
aging 
‘‘SEC. 12001. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) ADVISORY COMMITTEE.—The term ‘advi-
sory committee’ means an advisory committee estab-
lished by an Organization under section 12102(c). 
‘‘(2) BEVERAGE.— 
‘‘(A) IN GENERAL.—The term ‘beverage’ 
means any drinkable liquid intended for human 
oral consumption, including— 
‘‘(i) water; 
‘‘(ii) flavored water; 
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‘‘(iii) soda water; 
‘‘(iv) mineral water; 
‘‘(v) beer; 
‘‘(vi) a malt beverage; 
‘‘(vii) a carbonated soft drink; 
‘‘(viii) liquor; 
‘‘(ix) tea; 
‘‘(x) coffee; 
‘‘(xi) hard cider; 
‘‘(xii) fruit juice; 
‘‘(xiii) an energy or sports drink; 
‘‘(xiv) coconut water; 
‘‘(xv) wine; 
‘‘(xvi) a yogurt drink; 
‘‘(xvii) a probiotic drink; 
‘‘(xviii) a wine cooler; and 
‘‘(xix) any other beverage determined 
to be appropriate by the Administrator. 
‘‘(B) EXCLUSIONS.—The term ‘beverage’ 
does not include— 
‘‘(i) a drug regulated under the Fed-
eral Food, Drug, and Cosmetic Act (21 
U.S.C. 301 et seq.); 
‘‘(ii) infant formula; or 
‘‘(iii) a meal replacement liquid. 
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‘‘(3) BEVERAGE CONTAINER.— 
‘‘(A) IN
GENERAL.—The term ‘beverage 
container’ means a prepackaged beverage con-
tainer— 
‘‘(i) made of any material, including 
glass, plastic, metal, and multimaterial; 
and 
‘‘(ii) the volume of which is not more 
than 3 liters. 
‘‘(B) EXCLUSION.—The term ‘beverage 
container’ does not include a covered product of 
any material used to sell a prepackaged bev-
erage, such as— 
‘‘(i) a carton; 
‘‘(ii) a pouch; or 
‘‘(iii) aseptic packaging, such as a 
drink box. 
‘‘(C) INCLUSION.—Notwithstanding sub-
paragraphs (A) and (B), for purposes of the 
program under section 12104, the term ‘bev-
erage container’ includes a container for a bev-
erage that is not described in those subpara-
graphs, such as a carton, pouch, or drink box, 
the responsible party for which elects to partici-
pate in the program under that section. 
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‘‘(4) COMPOSTABLE.— 
‘‘(A) IN
GENERAL.—The term ‘compost-
able’ means, with respect to a covered product, 
that the covered product— 
‘‘(i)(I) meets the ASTM International 
standard specification for compostable 
products numbered D6400 or D6868— 
‘‘(aa) as in effect on the date of 
enactment of this subtitle; or 
‘‘(bb) as revised after the date of 
enactment of this subtitle, if the revi-
sion is approved by the Administrator; 
and 
‘‘(II) is labeled to reflect that the cov-
ered product meets a standard described in 
subclause (I); 
‘‘(ii) is certified as a compostable 
product by an independent party that is 
approved by the Administrator; or 
‘‘(iii) comprises only— 
‘‘(I) wood without any coatings, 
additives, or toxic substances; or 
‘‘(II) fiber without any coatings, 
additives, or toxic substances. 
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‘‘(B) EXCLUSION.—The term ‘compost-
able’ shall not apply to paper. 
‘‘(5) COVERED ENTITY.—The term ‘covered en-
tity’ means a single family or multifamily dwelling 
or publicly owned land (such as a sidewalk, plaza, 
and park) for which a recycling collection service is 
provided. 
‘‘(6) COVERED PRODUCT.— 
‘‘(A) IN
GENERAL.—The term ‘covered 
product’ means, regardless of recyclability, 
compostability, and material type— 
‘‘(i) packaging; 
‘‘(ii) a food service product; 
‘‘(iii) paper; 
‘‘(iv) a single-use product that is not 
subject to the prohibition under section 
12202(c); and 
‘‘(v) a container for a beverage that is 
not described in subparagraphs (A) and 
(B) of paragraph (3), such as a carton, 
pouch, or aseptic packaging, such as a 
drink box, the responsible party for which 
does not elect to participate in the pro-
gram under section 12104. 
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