I 
117TH CONGRESS 
1ST SESSION H. R. 2238 
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 
MARCH 26, 2021 
Mr. LOWENTHAL (for himself, Ms. CLARK of Massachusetts, Ms. NORTON, 
Ms. BARRAGA´N, Mr. CARBAJAL, Mr. CONNOLLY, Mr. QUIGLEY, Mr. 
LYNCH, Mr. GOMEZ, Mr. CLEAVER, Mr. RASKIN, Mr. EVANS, Mr. KIL-
DEE, Mr. RUPPERSBERGER, Ms. LEE of California, Mr. MORELLE, Mr. 
HUFFMAN, Mr. LEVIN of California, Ms. VELA´ZQUEZ, Mr. JONES, Mr. 
KILMER, Mr. SUOZZI, Ms. CLARKE of New York, Ms. SCHAKOWSKY, Mr. 
CASE, Ms. STRICKLAND, Ms. WASSERMAN SCHULTZ, Mr. BLUMENAUER, 
Mr. KHANNA, Mr. MEEKS, Mr. SEAN PATRICK MALONEY of New York, 
Ms. PINGREE, Ms. JACOBS of California, Mr. TRONE, Ms. BROWNLEY, 
Mr. HASTINGS, Mrs. NAPOLITANO, Mr. COHEN, Mr. ESPAILLAT, Mr. 
NADLER, Mrs. CAROLYN B. MALONEY of New York, Ms. NEWMAN, Mr. 
SHERMAN, Mr. WELCH, Mr. CRIST, Ms. MENG, Ms. BONAMICI, Mr. 
SMITH of Washington, Mr. GRIJALVA, Mrs. LURIA, Mrs. TRAHAN, Ms. 
CHU, Ms. MCCOLLUM, Mr. CICILLINE, Ms. DELBENE, Mr. DEFAZIO, 
Mr. JOHNSON of Georgia, Mr. DESAULNIER, Mr. MCGOVERN, Ms. 
TLAIB, Ms. PRESSLEY, Mrs. WATSON COLEMAN, Ms. ESCOBAR, Mr. PA-
NETTA, Mr. DELGADO, Ms. BLUNT ROCHESTER, Mr. KAHELE, Mr. 
KEATING, Mr. AUCHINCLOSS, Mr. SARBANES, Ms. SCANLON, Ms. ROY-
BAL-ALLARD, Ms. SCHRIER, Ms. WILD, Ms. CASTOR of Florida, Ms. 
JAYAPAL, Ms. DEAN, Ms. ESHOO, Mr. TAKANO, Mrs. DEMINGS, Mr. 
SCOTT
of Virginia, Ms. LEGER
FERNANDEZ, Mr. MOULTON, Mr. 
NEGUSE, Mr. DEUTCH, Mr. LARSEN of Washington, and Ms. OMAR) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce, and in addition to the Committees on Ways and 
Means, Transportation and Infrastructure, and Foreign Affairs, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
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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 
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 2021’’. 
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). 
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‘‘(2) BEVERAGE.— 
‘‘(A) IN GENERAL.—The term ‘beverage’ 
means any drinkable liquid intended for human 
oral consumption, including— 
‘‘(i) water; 
‘‘(ii) flavored water; 
‘‘(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. 
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‘‘(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. 
‘‘(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. 
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‘‘(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. 
‘‘(4) COMPOSTABLE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘compostable’ 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); 
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‘‘(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— 
‘‘(aa) coatings; 
‘‘(bb) additives; or 
‘‘(cc) effective beginning on 
February 1, 2023, toxic sub-
stances; or 
‘‘(II) natural fiber without any— 
‘‘(aa) coatings; 
‘‘(bb) additives; or 
‘‘(cc) effective beginning on 
February 1, 2023, toxic sub-
stances. 
‘‘(B) 
EXCLUSIONS.—The 
term 
‘compostable’ shall not apply to— 
‘‘(i) paper; or 
‘‘(ii) effective beginning on February 
1, 2023, any covered product that contains 
a toxic substance. 
‘‘(5) COVERED PRODUCT.— 
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‘‘(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. 
‘‘(B) EXCLUSION.—The term ‘covered 
product’ does not include a beverage container. 
‘‘(6) COVERED RETAIL OR SERVICE ESTABLISH-
MENT.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘covered retail or service 
establishment’ means— 
‘‘(i) any restaurant; or 
‘‘(ii) any business that— 
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‘‘(I) sells food, alcohol, or any 
other good or product to the public at 
retail; or 
‘‘(II) elects to comply with the 
requirements under, as applicable— 
‘‘(aa) section 12201; or 
‘‘(bb) section 12202. 
‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—The term ‘covered 
retail or service establishment’ does not in-
clude any entity described in subparagraph 
(A) if the State, or any local government 
or political subdivision thereof, in which 
that entity is located has been granted a 
waiver pursuant to clause (ii). 
‘‘(ii) 
WAIVER.—The 
Administrator 
shall prescribe regulations providing for 
the waiver of the application of section 
12201 or 12202 with respect to any State, 
or any local government or political sub-
division thereof, that has enacted require-
ments that are similar to the requirements 
imposed under that section. 
‘‘(7) FOOD SERVICE PRODUCT.—The term ‘food 
service product’ means an item intended to deliver a 
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food product, regardless of the recyclability or 
compostability of the item, including— 
‘‘(A) a utensil; 
‘‘(B) a straw; 
‘‘(C) a drink cup; 
‘‘(D) a drink lid; 
‘‘(E) a food package; 
‘‘(F) a food container; 
‘‘(G) a plate; 
‘‘(H) a bowl; 
‘‘(I) a meat tray; and 
‘‘(J) a food wrap. 
‘‘(8) 
MICROFIBER.—The 
term 
‘microfiber’ 
means a particle that— 
‘‘(A) has a fibrous shape; 
‘‘(B) is less than 5 millimeters in any di-
rection; and 
‘‘(C) is released at any point during the 
full life cycle of a textile, including production, 
use, cleaning, recycling, and disposal. 
‘‘(9) ORGANIZATION.—The term ‘Organization’ 
means a Producer Responsibility Organization estab-
lished under section 12102(a)(1). 
‘‘(10) PACKAGING.— 
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‘‘(A) IN GENERAL.—The term ‘packaging’ 
means— 
‘‘(i) any package or container, regard-
less of recyclability or compostability; and 
‘‘(ii) any part of a package or con-
tainer, 
regardless 
of 
recyclability 
or 
compostability, that includes material that 
is used for the containment, protection, 
handling, delivery, and presentation of 
goods that are sold, offered for sale, or dis-
tributed to consumers in the United 
States, including through an internet 
transaction. 
‘‘(B) INCLUSIONS.—The term ‘packaging’ 
includes packaging described in subparagraph 
(A) that is— 
‘‘(i) intended for the consumer mar-
ket; 
‘‘(ii) service packaging designed and 
intended to be used or filled at the point 
of sale, such as carry-out bags, bulk good 
bags, take-out bags, and home delivery 
food service packaging; 
‘‘(iii) secondary packaging used to 
group products for multiunit sale; 
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‘‘(iv) tertiary packaging used for 
transportation or distribution directly to a 
consumer; and 
‘‘(v) ancillary elements hung or at-
tached to a product and performing a 
packaging function. 
‘‘(C) EXCLUSION.—The term ‘packaging’ 
does not include packaging described in sub-
paragraph (A) that is— 
‘‘(i) used for the long-term protection 
or storage of a product; and 
‘‘(ii) with a life of not less than 5 
years. 
‘‘(11) PAPER.— 
‘‘(A) IN
GENERAL.—The term ‘paper’ 
means paper that is sold, offered for sale, deliv-
ered, or distributed to a consumer or business 
in the United States. 
‘‘(B) INCLUSIONS.—The term ‘paper’ in-
cludes— 
‘‘(i) newsprint and inserts; 
‘‘(ii) magazines and catalogs; 
‘‘(iii) direct mail; 
‘‘(iv) office paper; and 
‘‘(v) telephone directories. 
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‘‘(C) EXCLUSIONS.—The term ‘paper’ does 
not include— 
‘‘(i) a paper product that, due to the 
intended use of the paper product, could 
become unsafe or unsanitary to recycle; or 
‘‘(ii) a bound book. 
‘‘(12) PLAN.—The term ‘Plan’ means a Prod-
uct Stewardship Plan described in section 12105. 
‘‘(13) PROGRAM.—The term ‘Program’ means a 
Product Stewardship Program established under sec-
tion 12102(a)(2). 
‘‘(14) RECYCLABLE.—The term ‘recyclable’ 
means, with respect to a covered product or beverage 
container, that— 
‘‘(A) the covered product or beverage con-
tainer can be economically and technically recy-
cled in current United States market condi-
tions; 
‘‘(B) United States processing capacity is 
in operation to recycle, with the geographical 
distribution of the capacity aligned with the 
population of geographical regions of the 
United States, of the total quantity of the cov-
ered product or beverage container— 
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‘‘(I) a person that engages in the 
distribution or sale of the beverage in 
a beverage container to a retailer in 
the United States, including any man-
ufacturer that engages in that sale or 
distribution; 
‘‘(II) if subclause (I) does not 
apply, a person that engages in the 
sale of the beverage in a beverage con-
tainer directly to a consumer in the 
United States; or 
‘‘(III) if subclauses (I) and (II) 
do not apply, a person that imports 
the beverage sold in a beverage con-
tainer into the United States for use 
in a commercial enterprise, sale, offer 
for sale, or distribution in the United 
States. 
‘‘(ii) RELATED DEFINITIONS.—In this 
subparagraph: 
‘‘(I) DISTRIBUTOR.—The term 
‘distributor’ means a person that en-
gages in the sale of beverages in bev-
erage containers to a retailer in the 
United States. 
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‘‘(II) 
MANUFACTURER.—The 
term ‘manufacturer’ means a person 
bottling, canning, or otherwise filling 
beverage containers for sale to dis-
tributors, importers, or retailers. 
‘‘(III) RETAILER.— 
‘‘(aa) IN
GENERAL.—The 
term ‘retailer’ means a person in 
the United States that— 
‘‘(AA) engages in the 
sale of beverages in beverage 
containers to a consumer; or 
‘‘(BB) 
provides 
bev-
erages 
in 
beverage 
con-
tainers to a person in com-
merce, including provision 
free of charge, such as at a 
workplace or event. 
‘‘(bb) 
INCLUSION.—The 
term ‘retailer’ includes a person 
that engages in the sale of or 
provides beverages in beverage 
containers, as described in item 
(aa), through a vending machine 
or similar means. 
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‘‘(B) COVERED PRODUCTS.—With respect 
to a covered product, the term ‘responsible 
party’ means— 
‘‘(i) a person that manufactures and 
uses in a commercial enterprise, sells, of-
fers for sale, or distributes the covered 
product in the United States under the 
brand of the manufacturer; 
‘‘(ii) if clause (i) does not apply, a 
person that is not the manufacturer of the 
covered product but is the owner or li-
censee of a trademark under which the 
covered product is used in a commercial 
enterprise, sold, offered for sale, or distrib-
uted in the United States, whether or not 
the trademark is registered; or 
‘‘(iii) if clauses (i) and (ii) do not 
apply, a person that imports the covered 
product into the United States for use in 
a commercial enterprise, sale, offer for 
sale, or distribution in the United States. 
‘‘(17) RESTAURANT.— 
‘‘(A) IN GENERAL.—The term ‘restaurant’ 
means an establishment the primary business of 
which is the preparation of food or beverage— 
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‘‘(i) for consumption by the public; 
‘‘(ii) in a form or quantity that is 
consumable immediately at the establish-
ment, whether or not the food or beverage 
is consumed within the confines of the 
place where the food or beverage is pre-
pared; or 
‘‘(iii) in a consumable form for con-
sumption outside the place where the food 
or beverage is prepared. 
‘‘(B) INCLUSION.—The term ‘restaurant’ 
includes a fast food restaurant. 
‘‘(18) REUSABLE.—The term ‘reusable’ means, 
with respect to a covered product or beverage con-
tainer, that the covered product or beverage con-
tainer is— 
‘‘(A) technically feasible to reuse or refill 
in United States market conditions; and 
‘‘(B) reusable or refillable for such number 
of cycles, but not less than 100 cycles, as the 
Administrator determines to be appropriate for 
the covered product or beverage container. 
‘‘(19) SINGLE-USE PRODUCT.— 
‘‘(A) IN GENERAL.—The term ‘single-use 
product’ means a consumer product that is rou-
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tinely disposed of, recycled, or otherwise dis-
carded after a single use. 
‘‘(B) EXCLUSIONS.—The term ‘single-use 
product’ does not include— 
‘‘(i) medical food, supplements, de-
vices, or other products determined by the 
Secretary of Health and Human Services 
to necessarily be made of plastic for the 
protection of public health; 
‘‘(ii) personal protective equipment, 
including— 
‘‘(I) masks; 
‘‘(II) gloves; 
‘‘(III) face shields; and 
‘‘(IV) other personal protective 
equipment determined by Secretary of 
Health and Human Services to be 
necessarily made out of plastic for the 
protection of public health; 
‘‘(iii) a personal hygiene product that, 
due to the intended use of the product, 
could become unsafe or unsanitary to recy-
cle, such as a diaper; or 
‘‘(iv) packaging that is— 
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‘‘(I) for any product described in 
clause (i); or 
‘‘(II) used for the shipment of 
hazardous materials that is prohibited 
from being composed of used mate-
rials 
under 
section 
178.509 
or 
178.522 of title 49, Code of Federal 
Regulations (as in effect on the date 
of enactment of this subtitle). 
‘‘(20) TOXIC SUBSTANCE.— 
‘‘(A) IN GENERAL.—The term ‘toxic sub-
stance’ means any substance, mixture, or com-
pound that may cause personal injury or dis-
ease to humans through ingestion, inhalation, 
or absorption through any body surface and 
satisfies 1 or more of the following conditions: 
‘‘(i) The substance, mixture, or com-
pound is subject to reporting requirements 
under— 
‘‘(I) the Emergency Planning 
and Community Right-To-Know Act 
of 1986 (42 U.S.C. 11001 et seq.); 
‘‘(II) the Comprehensive Envi-
ronmental Response, Compensation, 
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and Liability Act of 1980 (42 U.S.C. 
9601 et seq.); or 
‘‘(III) section 112(r) of the Clean 
Air Act (42 U.S.C. 7412(r)). 
‘‘(ii) Testing has produced evidence 
recognized by the National Institute for 
Occupational Safety and Health or the En-
vironmental Protection Agency that the 
substance, mixture, or compound poses 
acute or chronic health hazards. 
‘‘(iii) The Administrator or the Sec-
retary of Health and Human Services has 
issued a public health advisory for the sub-
stance, mixture, or compound. 
‘‘(iv) Exposure to the substance, mix-
ture, or compound is shown by expert tes-
timony recognized by the Environmental 
Protection Agency to increase the risk of 
developing a latent disease. 
‘‘(v) The substance, mixture, or com-
pound is— 
‘‘(I) 
a 
perfluoroalkyl 
or 
polyfluoroalkyl substance; 
‘‘(II) an ortho-phthalate; 
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‘‘(III) a bisphenol compound (not 
including 
an 
alkyl-substituted 
bisphenol 
compound 
generated 
through a xylenol-aldehyde process); 
or 
‘‘(IV) a halogenated or nanoscale 
flame retardant chemical. 
‘‘(B) EXCLUSIONS.—The term ‘toxic sub-
stance’ does not include— 
‘‘(i) a pesticide applied— 
‘‘(I) in accordance with Federal, 
State, and local laws (including regu-
lations); and 
‘‘(II) in accordance with the in-
structions of the manufacturer of the 
pesticide; or 
‘‘(ii) ammunition, a component of am-
munition, a firearm, an air rifle, discharge 
of a firearm or an air rifle, hunting or 
fishing equipment, or a component of 
hunting or fishing equipment. 
‘‘(21) TRANSLATION
SERVICES.—The term 
‘translation services’ means professional language in-
terpretation and translation services provided in any 
language spoken by more than 5 percent of the pop-
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ulation residing within a community for written doc-
uments and notices and oral communications. 
‘‘(22) UNITED
STATES.—The term ‘United 
States’, when used in a geographical sense, means 
all of the States. 
‘‘(23) UTENSIL.— 
‘‘(A) IN
GENERAL.—The term ‘utensil’ 
means a product designed to be used by a con-
sumer to facilitate the consumption of a food or 
beverage. 
‘‘(B) INCLUSIONS.—The term ‘utensil’ in-
cludes a knife, a fork, a spoon, a spork, a cock-
tail pick, a chopstick, a splash stick, and a stir-
rer. 
‘‘PART I—PRODUCTS IN THE MARKETPLACE 
‘‘SEC. 12101. EXTENDED PRODUCER RESPONSIBILITY. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), beginning on February 1, 2023, each responsible 
party for any covered product or beverage sold in a bev-
erage container that is sold, distributed, or imported into 
the United States shall— 
‘‘(1) participate as a member of an Organiza-
tion for which a Plan is approved by the Adminis-
trator; and 
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‘‘(2) through that participation, satisfy the per-
formance targets under section 12105(g). 
‘‘(b) EXEMPTIONS.—A responsible party for a cov-
ered product or beverage sold in a beverage container, in-
cluding a responsible party that operates as a single point 
of retail sale and is not supplied by, or operated as part 
of, a franchise, shall not be subject to this part if the re-
sponsible party— 
‘‘(1)(A) for fiscal year 2022, has an annual rev-
enue of less than $1,000,000; and 
‘‘(B) for fiscal year 2023 and each subsequent 
fiscal year, has an annual revenue of less than the 
applicable amount during the preceding fiscal year, 
as adjusted to reflect changes for the 12-month pe-
riod ending on the preceding November 30 in the 
Consumer Price Index for All Urban Consumers 
published by the Bureau of Labor Statistics of the 
Department of Labor; or 
‘‘(2) is the responsible party for less than 1 ton 
of covered products or beverage containers in com-
merce each year. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person that is a responsible party for a covered 
product or beverage sold in a beverage container to 
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sell, use, or distribute any covered product or bev-
erage sold in a beverage container in commerce ex-
cept in compliance with this part. 
‘‘(2) CIVIL PENALTY.—Any person that violates 
paragraph (1) shall be subject to a fine for each vio-
lation and for each day that the violation occurs in 
an amount of not more than $70,117. 
‘‘(3) INJUNCTIVE RELIEF.—The Administrator 
may bring a civil action to enjoin the sale, distribu-
tion, or importation into the United States of a cov-
ered product or beverage sold in a beverage con-
tainer in violation of this part. 
‘‘(4) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under paragraph (2) or (3) if the Administrator de-
termines that the State meets such requirements as 
the Administrator may establish. 
‘‘(d) INAPPLICABILITY OF THE ANTITRUST LAWS.— 
The antitrust laws, as defined in the first section of the 
Clayton Act (15 U.S.C. 12), shall not apply to a respon-
sible party or Organization that carries out activities in 
accordance with an approved Plan if the conduct is nec-
essary to plan and implement the Plan. 
‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 
‘‘(a) IN GENERAL.— 
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‘‘(1) ESTABLISHMENT.—To satisfy the require-
ment under section 12101(a)(1), 1 or more respon-
sible parties for a category of covered product or 
beverage sold in a beverage container shall establish 
a Producer Responsibility Organization that shall 
act as an agent and on behalf of each responsible 
party to carry out the responsibilities of the respon-
sible party under this part with respect to that cat-
egory of covered product or beverage sold in a bev-
erage container. 
‘‘(2) PROGRAM.—An Organization shall estab-
lish a Product Stewardship Program to carry out 
the responsibilities of the Organization under this 
part. 
‘‘(3) COORDINATION.—If more than 1 Organi-
zation is established under paragraph (1) with re-
spect to a category of covered product or beverage 
sold in a beverage container, the Administrator 
shall— 
‘‘(A) coordinate and manage those Organi-
zations; or 
‘‘(B) establish an entity— 
‘‘(i) to carry out subparagraph (A); 
and 
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‘‘(ii) to conduct business between 
those Organizations and State and local 
governments. 
‘‘(4) MULTIPLE
ORGANIZATIONS.—A respon-
sible party— 
‘‘(A) may participate in more than 1 Orga-
nization if each Organization is established for 
a different category of covered products or bev-
erages sold in beverage containers; and 
‘‘(B) may participate in— 
‘‘(i) only 1 national Organization with 
respect to— 
‘‘(I) each category of covered 
products; or 
‘‘(II) beverages sold in beverage 
containers; or 
‘‘(ii) only 1 regional Organization with 
respect to beverages sold in beverage con-
tainers and each category of covered prod-
ucts for each region in which the covered 
products or beverages sold in beverage con-
tainers produced by the responsible party 
are sold. 
‘‘(5) NONPROFIT
STATUS.—An Organization 
shall be established and operated as an organization 
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described in section 501(c)(3) of the Internal Rev-
enue Code of 1986 and exempt from taxation under 
501(a) of that Code. 
‘‘(6) CATEGORIES.—The Administrator, in con-
sultation with Organizations, shall promulgate regu-
lations to establish categories of covered products 
and beverages sold in beverage containers for pur-
poses of this part. 
‘‘(b) PARTICIPATION FEES.— 
‘‘(1) IN GENERAL.—Subject to paragraph (5), 
an Organization shall charge each responsible party 
a fee for membership in the Organization in accord-
ance with this subsection. 
‘‘(2) COMPONENTS.—A fee charged to a respon-
sible party under paragraph (1) shall include— 
‘‘(A) costs of management and cleanup in 
accordance with paragraph (3); and 
‘‘(B) administrative costs in accordance 
with paragraph (4). 
‘‘(3) MANAGEMENT AND CLEANUP COSTS.— 
‘‘(A) IN
GENERAL.—A fee under para-
graph (1) shall include, with respect to a re-
sponsible party, the costs of management 
(which shall include costs assessed by the advi-
sory committee for the Organization, in con-
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sultation with municipalities, other government 
entities, contracted entities, and other stake-
holders, for collecting, transporting, processing, 
recycling, and composting) or cleaning up the 
covered products or beverage containers of the 
responsible party after consumer use through 
the applicable Program, including administra-
tive costs. 
‘‘(B) CONSIDERATIONS.—In determining 
the costs of management and cleanup described 
in subparagraph (A) with respect to a respon-
sible party, an Organization shall, at a min-
imum, take into account— 
‘‘(i) the cost to properly manage the 
applicable category of covered product or 
beverage container waste; 
‘‘(ii) the cost to assist in cleaning up 
the covered product or beverage container 
waste, including waste generated before 
the date of enactment of this subtitle, of 
the responsible party from— 
‘‘(I) public places; 
‘‘(II) freshwater and marine envi-
ronments, to the extent that cleanup 
can be accomplished without harming 
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the existing marine life and intact 
ecosystems; and 
‘‘(III) materials in compost facili-
ties or other facilities handling or-
ganic wastes; 
‘‘(iii) to the extent that cleanup of the 
covered products or beverage containers 
from freshwater and marine environments 
cannot be accomplished without harming 
the existing freshwater and marine life and 
intact ecosystems, the cost of other appro-
priate mitigation measures; 
‘‘(iv) the higher cost of managing cov-
ered products that— 
‘‘(I) bond materials together, 
making the covered product more dif-
ficult to recycle, such as plastic bond-
ed with paper or metal; 
‘‘(II) would typically be recycla-
ble or compostable, but, as a con-
sequence of the design of the covered 
product, has the effect of disrupting 
recycling or composting processes; 
‘‘(III) includes labels, inks, lin-
ers, and adhesives containing— 
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‘‘(aa) heavy metals; or 
‘‘(bb) effective beginning on 
February 1, 2023, other toxic 
substances; or 
‘‘(IV) cannot be mechanically re-
cycled; 
‘‘(v) the lower cost of managing— 
‘‘(I) beverage containers that 
have— 
‘‘(aa) nondetachable caps; or 
‘‘(bb) other innovations and 
design characteristics to prevent 
littering; and 
‘‘(II) 
contact 
containers 
and 
other covered products that— 
‘‘(aa) are specifically de-
signed to be reusable or refillable; 
and 
‘‘(bb) have a high reuse or 
refill rate; 
‘‘(vi) covered products with lower en-
vironmental impacts, including— 
‘‘(I) covered products that are 
made of— 
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‘‘(aa) sustainable or renew-
ably sourced materials; or 
‘‘(bb) at least 90 percent by 
weight of any combination of— 
‘‘(AA) postconsumer re-
cycled content; or 
‘‘(BB) 
materials 
de-
rived from land or fresh-
water or marine environ-
ment litter; and 
‘‘(II) compostable covered prod-
ucts that— 
‘‘(aa) have direct contact 
with food; or 
‘‘(bb) help divert food waste 
from a landfill; and 
‘‘(vii) the percentage of postconsumer 
recycled content verified by an independent 
party designated by the Administrator that 
exceeds the minimum requirements estab-
lished under section 12302 in the pack-
aging, if the recycled content does not dis-
rupt the potential for future recycling. 
‘‘(4) ADMINISTRATIVE COSTS.— 
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‘‘(A) IN
GENERAL.—A fee under para-
graph (1) shall include— 
‘‘(i) the administrative costs to the 
Organization of carrying out the Program; 
‘‘(ii) the cost to the Administrator of 
administering this part with respect to the 
applicable Organization, including— 
‘‘(I) oversight, including annual 
oversight; 
‘‘(II) issuance of any rules; 
‘‘(III) planning; 
‘‘(IV) Plan review; 
‘‘(V) compliance; 
‘‘(VI) outreach and education; 
‘‘(VII) professional language in-
terpretation and translation services 
for all publicly distributed materials; 
‘‘(VIII) enforcement; 
‘‘(IX) sufficient staff positions to 
administer this part; and 
‘‘(X) other activities directly re-
lated to the activities described in sub-
clauses (I) through (IX); and 
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‘‘(iii) the cost to a State for carrying 
out enforcement with respect to the appli-
cable Organization. 
‘‘(B) 
CONSIDERATION.—In 
determining 
the fee for a responsible party under subpara-
graph (A), an Organization shall consider the 
company size and annual revenue of the respon-
sible party. 
‘‘(C) REIMBURSEMENT.—An Organization 
shall reimburse— 
‘‘(i) the Administrator for costs de-
scribed subparagraph (A)(ii) incurred by 
the Administrator; and 
‘‘(ii) a State for costs described in 
subparagraph (A)(iii) incurred by the 
State. 
‘‘(D) ADMINISTRATOR
REIMBURSEMENTS 
ACCOUNT.— 
‘‘(i) IN GENERAL.—The Administrator 
shall deposit reimbursements received from 
an Organization under subparagraph (C)(i) 
into a dedicated account established for 
that Organization, which shall be available 
to the Administrator for activities of the 
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Administrator associated with overseeing 
the Plan and Program of the Organization. 
‘‘(ii) REPORTS.—Not less frequently 
than annually, the Administrator shall— 
‘‘(I) submit to Congress a report 
describing the amount of reimburse-
ments deposited into each account 
under clause (i); and 
‘‘(II) make the report described 
in subclause (I) publicly available. 
‘‘(5) APPROVAL.— 
‘‘(A) IN GENERAL.—Before an Organiza-
tion may charge a fee or revise the amount of 
a fee to be charged under paragraph (1)— 
‘‘(i) the Organization shall submit to 
the Administrator the fee structure and 
the methodology for determining that fee 
structure; and 
‘‘(ii)(I) the Organization shall receive 
notification of approval of the fee structure 
under subparagraph (B)(ii); or 
‘‘(II) the fee structure shall be consid-
ered approved under subparagraph (C). 
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‘‘(B) APPROVAL.—Not later than 60 days 
after receipt of a fee structure under subpara-
graph (A)(i), the Administrator shall— 
‘‘(i)(I) approve the fee structure if the 
Administrator determines that the fee 
structure is in accordance with this sub-
section; or 
‘‘(II) deny the fee structure if the Ad-
ministrator determines that the fee struc-
ture is not in accordance with this sub-
section; and 
‘‘(ii) notify the Organization of— 
‘‘(I) the determination under 
clause (i); and 
‘‘(II) in the case of a denial 
under clause (i)(II), the reasons for 
the denial and recommendations for 
revisions that are likely to be ap-
proved. 
‘‘(C) FAILURE
TO
MEET
DEADLINE.—If 
the Administrator does not make a determina-
tion under clause (i) of subparagraph (B) by 
the date required under that subparagraph, the 
fee structure shall be considered to be approved. 
‘‘(c) ADVISORY COMMITTEES.— 
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‘‘(1) IN GENERAL.—An Organization shall es-
tablish an advisory committee that represents a 
range of interested and engaged persons relevant to 
the category of covered products or beverages sold in 
beverage containers of the applicable Program, in-
cluding— 
‘‘(A) collection providers; 
‘‘(B) cleanup service providers; 
‘‘(C) recyclers; 
‘‘(D) composters; and 
‘‘(E) governmental entities. 
‘‘(2) COMPOSITION.— 
‘‘(A) IN GENERAL.—At a minimum, an ad-
visory committee shall include individuals rep-
resenting each of— 
‘‘(i) responsible parties, such as a 
trade association; 
‘‘(ii) States; 
‘‘(iii) cities, including— 
‘‘(I) small and large cities; and 
‘‘(II) cities located in urban and 
rural counties; 
‘‘(iv) counties, including— 
‘‘(I) small and large counties; 
and 
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‘‘(II) urban and rural counties; 
‘‘(v) 
public 
sector 
recycling, 
composting, and solid waste industries for 
the applicable type of product or pack-
aging; 
‘‘(vi) 
private 
sector 
recycling, 
composting, and solid waste industries for 
the applicable type of product or pack-
aging; 
‘‘(vii) recycled feedstock users for the 
applicable type of product or packaging; 
‘‘(viii) public place litter programs; 
‘‘(ix) freshwater and marine litter pro-
grams; 
‘‘(x) environmental organizations; 
‘‘(xi) disability advocates; 
‘‘(xii) Indian Tribes; and 
‘‘(xiii) 
environmental 
and 
human 
health scientists. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—Each individual 
serving on an advisory committee may rep-
resent only 1 category described in clauses 
(i) through (xiii) of subparagraph (A). 
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‘‘(ii) DISPROPORTIONATE REPRESEN-
TATION.—An Organization shall ensure 
that no category described in clauses (i) 
through (xiii) of subparagraph (A) has dis-
proportionate representation on an advi-
sory committee. 
‘‘(3) PUBLIC COMMENT.— 
‘‘(A) IN GENERAL.—Each year, an Organi-
zation shall provide a process to receive com-
ments from additional stakeholders and commu-
nity members, which to the maximum extent 
practicable shall include diverse ethnic popu-
lations. 
‘‘(B) COMMUNICATION METHODS AND RE-
QUIREMENTS.—With respect to the public com-
ment process described in subparagraph (A), an 
Organization— 
‘‘(i) shall provide translation services; 
and 
‘‘(ii)(I) shall not require members of 
the public to produce a form of identifica-
tion or register their names, provide other 
information, complete a questionnaire, or 
otherwise fulfill any condition precedent to 
attending a public hearing; and 
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‘‘(II) shall include on any attendance 
list, register, questionnaire, or other simi-
lar document that is used during a public 
hearing a clear statement that the signing, 
registering, or completion of the document 
is voluntary. 
‘‘(4) EXPENSES.— 
‘‘(A) IN GENERAL.—An Organization shall 
reimburse representatives of community groups, 
Indian Tribes, State and local governments, 
and nonprofit organizations for expenses relat-
ing to participating on the advisory committee. 
‘‘(B) OTHER MEMBERS.—Other members 
of the advisory committee may be compensated 
for travel expenses as needed to ensure the abil-
ity of those members to participate on the advi-
sory committee. 
‘‘(C) LANGUAGE
AND
INTERPRETATION 
SERVICES.—An Organization shall be finan-
cially responsible for providing translation serv-
ices under paragraphs (3)(B)(i) and (6)(E). 
‘‘(5) DUTIES OF ADVISORY COMMITTEES.—An 
advisory committee shall— 
‘‘(A)(i) prepare a Plan for the Organiza-
tion and any revisions to that Plan; and 
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‘‘(ii) submit to the Organization that Plan 
or revisions to the Plan for review and approval 
under paragraph (6)(B); and 
‘‘(B) submit to the Organization and di-
rectly to the Administrator any reports, rec-
ommendations, or objections of the advisory 
committee relating to the Plan, fee structure, or 
other activities of the Organization. 
‘‘(6) DUTIES.—An Organization— 
‘‘(A) shall hold an advisory committee 
meeting at least once per year; 
‘‘(B) shall review and approve the Plan or 
revisions to the Plan submitted by an advisory 
committee under paragraph (5)(A)(ii) prior to 
the submission to the Administrator of the Plan 
or revisions under section 12105; 
‘‘(C) shall include a summary of advisory 
committee engagement and input in the report 
under section 12107; 
‘‘(D) shall not modify a Plan without the 
approval of the advisory committee of the Orga-
nization; and 
‘‘(E) shall provide translation services for 
any member of the advisory committee. 
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the applicable covered product is sold, in-
cluding in rural and island communities; 
‘‘(ii) be as convenient as trash collec-
tion in the applicable area; and 
‘‘(iii) in a case in which collection of 
the applicable covered product by curbside 
collection is not practicable, be, as deter-
mined by the Administrator, and in the 
case of a city with a population of 750,000 
or more residents, subject to the approval 
of the city, available for not less than 95 
percent of the population of the applicable 
area within— 
‘‘(I) in the case of an urban area, 
a 10-minute walk; or 
‘‘(II) in the case of a rural area, 
the longer of— 
‘‘(aa) a 45-minute drive; and 
‘‘(bb) the time to drive to 
the nearest rural service center. 
‘‘(B) WAIVER.—The Administrator may 
waive the requirement under subparagraph (A) 
after— 
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‘‘(i) consultation with the advisory 
committee of the applicable Organization 
and other appropriate stakeholders; and 
‘‘(ii) approval by the unit of local gov-
ernment with jurisdiction over the applica-
ble area. 
‘‘(3) METHODS.— 
‘‘(A) CURBSIDE OR MULTIFAMILY COLLEC-
TION.—With respect to a geographic area de-
scribed in paragraph (2)(A), an Organization 
shall, at a minimum, provide the opportunity 
for the collection of the applicable covered prod-
uct through a curbside or multifamily recycling 
collection service, if— 
‘‘(i) curbside collection is provided, as 
of the date of enactment of this subtitle, to 
residents in single family and multifamily 
residences in an applicable area; 
‘‘(ii) the category of covered prod-
uct— 
‘‘(I) is suitable for curbside or 
multifamily recycling collection; and 
‘‘(II) can be effectively sorted by 
facilities receiving the covered product 
after collection; and 
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‘‘(iii) the provider of the service 
agrees— 
‘‘(I) to accept the category of 
covered product; and 
‘‘(II) to a compensation agree-
ment described in subparagraph (C). 
‘‘(B) OTHER
METHODS.—In addition to 
the method described in subparagraph (A), an 
Organization may comply with the requirement 
under paragraph (1) by— 
‘‘(i) 
entering 
into 
an 
agreement 
with— 
‘‘(I) an entity that carries out a 
program through which consumers 
may drop off the covered product at a 
designated location (commonly known 
as a ‘depot drop-off program’); or 
‘‘(II) a retailer that accepts the 
covered 
product 
from 
consumers 
(commonly known as ‘retailer take- 
back’); or 
‘‘(ii) such other means as the Organi-
zation determines to be appropriate, in-
cluding by establishing a collection pro-
gram or service, including a program or 
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service that provides collection from public 
spaces. 
‘‘(C) COMPENSATION AGREEMENTS.— 
‘‘(i) IN
GENERAL.—An Organization 
may comply with this subsection by enter-
ing into an agreement with a governmental 
or private entity under which the Organi-
zation compensates the entity for the col-
lection of covered products. 
‘‘(ii) REQUIREMENT.—As part of a 
compensation agreement under clause (i), 
an Organization shall offer to provide re-
imbursement of not less than 100 percent 
of the cost to the entity of managing the 
covered products, including, as applicable, 
administrative costs, sorting, and reproc-
essing. 
‘‘(4) MANAGING
COLLECTED
COVERED
PROD-
UCTS.—In carrying out this subsection, an Organi-
zation shall— 
‘‘(A) ensure that— 
‘‘(i) the collection means and systems 
used direct the covered product waste to— 
‘‘(I) facilities that are effective in 
sorting and reprocessing covered prod-
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uct waste prior to shipment in a form 
ready for remanufacture into new 
products; or 
‘‘(II) other facilities that the Ad-
ministrator determines appropriately 
manage the covered product waste; 
‘‘(ii) covered products are managed in 
an environmentally sound and socially just 
manner at reprocessing, disposal, or other 
facilities operating with human health and 
environmental protection standards that 
are broadly equivalent to the standards re-
quired in— 
‘‘(I) the United States; or 
‘‘(II) other countries that are 
members of the Organization for Eco-
nomic Cooperation and Development; 
and 
‘‘(iii) the Program includes measures 
to track, verify, and publicly report that 
covered products are managed responsibly 
and not reexported to countries in which 
standards described in clause (ii) are not 
met; and 
‘‘(B) take measures— 
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‘‘(i) to promote high-quality recycling 
that retains material quality; 
‘‘(ii) to meet the necessary quality 
standards for the relevant facilities that 
manufacture new products from the col-
lected, sorted, and reprocessed materials; 
and 
‘‘(iii) to prioritize the recycling of 
products and packaging into uses that 
achieve the greatest environmental benefits 
from displacing the use of virgin materials. 
‘‘(5) COSTS.— 
‘‘(A) IN GENERAL.—A responsible party or 
an Organization may not charge an entity de-
scribed in subparagraph (B) any amount for 
the cost of carrying out this subsection. 
‘‘(B) ENTITIES DESCRIBED.—An entity re-
ferred to in subparagraph (A) is 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) EFFECT.—Nothing in this subsection— 
‘‘(A) requires a governmental entity to pro-
vide for the collection of covered products; or 
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‘‘(B) prohibits a governmental entity from 
providing for the collection and sorting of cov-
ered products. 
‘‘(c) CLEANUP; REDUCTION IN WASTE.—A Program 
shall— 
‘‘(1) provide funding to, and coordinate with, 
entities that collect covered product or beverage con-
tainer litter from public places or freshwater or ma-
rine environments in the United States, including 
Tribal land and territories; and 
‘‘(2) coordinate product design and Program in-
novations to reduce covered product or beverage con-
tainer waste. 
‘‘(d) MINIMUM FUNDING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Of Program expenditures 
for a fiscal year, an Organization shall ensure 
that— 
‘‘(A)(i) for the 10-year period beginning on 
the date on which the Organization is estab-
lished, not less than 50 percent is used for the 
improvement and development of new market, 
recycling, or composting infrastructure in the 
United States, which may include installing or 
upgrading equipment at existing sorting and re-
processing facilities— 
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‘‘(I) to improve sorting of covered 
product waste; or 
‘‘(II) to mitigate the impacts of cov-
ered product waste to other commodities; 
and 
‘‘(ii) for each year thereafter, such percent-
age as the Administrator may establish, but not 
less than 10 percent, is used for the purposes 
described in clause (i); and 
‘‘(B) not less than 10 percent is used for— 
‘‘(i) cleanup activities under sub-
section (c)(1); and 
‘‘(ii) the removal of covered product 
or beverage container contaminants at 
compost facilities and other facilities that 
manage organic materials. 
‘‘(2) DETERMINATION
OF
EXPENDITURES.— 
For purposes of carrying out paragraph (1), Pro-
gram expenditures for a fiscal year shall be based 
on— 
‘‘(A) in the case of the first fiscal year of 
the Program, budgeted expenditures for the fis-
cal year; and 
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‘‘(B) in the case of each fiscal year there-
after, Program expenditures for the previous 
fiscal year. 
‘‘SEC. 12104. NATIONAL BEVERAGE CONTAINER PROGRAM. 
‘‘(a) RESPONSIBILITIES
OF
RESPONSIBLE
PAR-
TIES.— 
‘‘(1) IN GENERAL.—Each responsible party for 
beverages sold in beverage containers shall— 
‘‘(A) charge to a retailer to which the bev-
erage in a beverage container is delivered a de-
posit in the amount of the applicable refund 
value described in subsection (c) on delivery; 
and 
‘‘(B) on receipt of an empty beverage con-
tainer from a retailer, pay to the retailer a re-
fund in the amount of the applicable refund 
value described in subsection (c). 
‘‘(2) USE
OF
DEPOSITS
FROM
UNREDEEMED 
BEVERAGE CONTAINERS.—A responsible party shall 
use any amounts received as deposits under para-
graph (1)(A) for which an empty beverage container 
is not returned to the Organization responsible for 
the material of the beverage container for invest-
ment in collection, recycling, and reuse infrastruc-
ture. 
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‘‘(b) RESPONSIBILITIES OF RETAILERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each retailer of beverages in beverage 
containers shall— 
‘‘(A) charge to the customer to which the 
beverage in a beverage container is sold a de-
posit in the amount of the applicable refund 
value described in subsection (c) on the sale; 
‘‘(B) on receipt of an empty beverage con-
tainer from a customer, pay to the customer a 
refund in the amount of the applicable refund 
value described in subsection (c); 
‘‘(C) accept a beverage container and pay 
a refund under subparagraph (B)— 
‘‘(i) during any period that the re-
tailer is open for business; and 
‘‘(ii) regardless of whether the specific 
beverage container was sold by the retailer; 
and 
‘‘(D) in the case of a retailer that is equal 
to or greater than 5,000 square feet, accept any 
brand and size of beverage container and pay a 
refund under subparagraph (B) for the bev-
erage container, regardless of whether the re-
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tailer sells that brand or size of beverage con-
tainer. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) DIRTY OR DAMAGED.—A retailer de-
scribed in paragraph (1) may refuse to accept 
a beverage container and pay a refund under 
paragraph (1)(B) if the beverage container— 
‘‘(i) visibly contains or is contami-
nated by a substance other than— 
‘‘(I) water; 
‘‘(II) residue of the original con-
tents; or 
‘‘(III) ordinary dust; or 
‘‘(ii) is so damaged that the brand or 
refund label appearing on the container 
cannot be identified. 
‘‘(B) CONTAINER LIMITATION.— 
‘‘(i) LARGE
RETAILERS.—A retailer 
described in paragraph (1) that is equal to 
or greater than 5,000 square feet may 
refuse to accept, and pay a refund under 
paragraph (1)(B) for, more than 250 bev-
erage containers per person per day. 
‘‘(ii) SMALL
RETAILERS.—A retailer 
described in paragraph (1) that is less 
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than 5,000 square feet may refuse to ac-
cept, and pay a refund under paragraph 
(1)(B) for, more than 50 beverage con-
tainers per person per day. 
‘‘(C) BRAND
AND
SIZE.—A retailer de-
scribed in paragraph (1) that is less than 5,000 
square feet may refuse to accept, and pay a re-
fund under paragraph (1)(B) for, a brand or 
size of beverage container that the retailer does 
not sell. 
‘‘(D) RESTAURANTS.—A retailer described 
in paragraph (1) that is a restaurant may 
refuse to accept, and pay a refund under para-
graph (1)(B) for, a beverage container that the 
restaurant did not sell. 
‘‘(E) OTHER
MEANS
OF
RETURN.—The 
Administrator may permit the establishment of 
convenience zones, under which a retailer within 
a convenience zone is exempt from this sub-
section if the Administrator determines that the 
retailer— 
‘‘(i) is located within close proximity 
to a redemption center established under 
subsection (e)(2); and 
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‘‘(ii) shares in the cost of the oper-
ation of that redemption center with the 
responsible party. 
‘‘(c) APPLICABLE REFUND VALUE.— 
‘‘(1) IN GENERAL.—The amount of the refund 
value referred to in subsections (a) and (b) shall be 
not less than 10 cents. 
‘‘(2) ADJUSTMENTS.—Beginning on the date 
that is 3 years after the date of enactment of this 
subtitle, the Administrator may— 
‘‘(A) increase the minimum refund value 
under paragraph (1) to account for— 
‘‘(i) inflation; and 
‘‘(ii) other factors, such as a failure to 
meet performance targets described in sec-
tion 12105(g); or 
‘‘(B) decrease the minimum refund value 
under paragraph (1) to account for beverage 
containers that— 
‘‘(i) are specifically designed to be re-
usable or refillable; and 
‘‘(ii) have a high reuse or refill rate. 
‘‘(3) DISCRETIONARY
INCREASES.—A respon-
sible party, with respect to a covered product or bev-
erage container, or a State may require a refund 
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value that is more than the minimum refund value 
under paragraph (1). 
‘‘(d) LABELING.—Any manufacturer, importer, or 
distributor of a beverage in a beverage container that is 
sold in the United States shall include on the label of the 
beverage container a standardized description of the appli-
cable refund value in such a manner that the description 
is clearly visible. 
‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 
‘‘(1) COLLECTION AND STORAGE.—An Organi-
zation of responsible parties for beverages sold in 
beverage containers shall facilitate collection and 
storage of beverage containers that are returned to 
retailers under this section by providing storage or 
other means to collect the beverage containers until 
collection for recycling, such as reverse vending or 
other convenient options for consumers. 
‘‘(2) REDEMPTION CENTERS.— 
‘‘(A) IN
GENERAL.—An Organization of 
responsible parties for beverages sold in bev-
erage containers shall establish and operate fa-
cilities to accept beverage containers from con-
sumers. 
‘‘(B) REQUIREMENTS.—A facility estab-
lished under subparagraph (A) shall— 
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‘‘(i) be staffed and available to the 
public— 
‘‘(I) each day other than a Fed-
eral or local holiday; and 
‘‘(II) not less than 10 hours each 
day; 
‘‘(ii) accept— 
‘‘(I) any beverage container; and 
‘‘(II) not less than 350 beverage 
containers per person per day; and 
‘‘(iii) provide— 
‘‘(I) hand or automated counts 
conducted by staff of the facility; 
‘‘(II) a drop door for consumers 
to drop off bags of mixed beverage 
containers for staff of the facility to 
count, for which the facility may col-
lect a convenience fee; or 
‘‘(III) 
any 
other 
convenient 
means of receiving and counting bev-
erage containers, as determined by the 
Administrator. 
‘‘(3) CURBSIDE COLLECTION.—An Organization 
may pay an entity that collects curbside recycling 
the value of the applicable refund value under sub-
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section (c) for beverage containers collected, based 
on weight or another measurement that approxi-
mates the amount of the refunds, as negotiated by 
the Organization and the entity. 
‘‘(f) EXCLUDED STATES.— 
‘‘(1) DEFINITION OF ELIGIBLE STATE.—In this 
subsection, the term ‘eligible State’ means a State 
that— 
‘‘(A) has in effect a beverage container law 
before the date of enactment of this subtitle; 
and 
‘‘(B) enacts legislation after the date of en-
actment of this subtitle to update the beverage 
container law described in subparagraph (A) to 
be consistent with the refund value amounts 
under, and beverage containers covered by, this 
part. 
‘‘(2) COMPLIANCE WITH STATE LAW.—In the 
case of an eligible State, compliance with the law of 
the eligible State by a distributor, retailer, manufac-
turer, importer, or Organization shall be considered 
to be compliance with this section. 
‘‘(3) CONFORMITY.—An eligible State is en-
couraged to negotiate with relevant Organizations on 
updated features of the beverage container law of 
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the eligible State, such as sharing new revenue from 
increased deposits. 
‘‘SEC. 12105. PRODUCT STEWARDSHIP PLANS. 
‘‘(a) IN GENERAL.—Not later than February 1, 
2023, each Organization shall submit to the Administrator 
a Product Stewardship Plan that describes how the Orga-
nization will carry out the responsibilities of the Organiza-
tion under this part. 
‘‘(b) CONTENTS.—Each Plan shall contain, at a min-
imum— 
‘‘(1) contact information for the Organization 
submitting the Plan; 
‘‘(2) a list of participating responsible parties 
and brands covered by the applicable Program, in-
cluding organization structure for each responsible 
party; and 
‘‘(3) a description of— 
‘‘(A) each category of covered product or 
beverage sold in a beverage container covered 
by the Plan; 
‘‘(B) funding for the Organization, includ-
ing how fees will be structured and collected in 
accordance with section 12102(b)(5). 
‘‘(C) performance targets under subsection 
(g); 
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‘‘(D) the means by which each type of cov-
ered product or beverage container will be col-
lected in accordance with section 12103 or 
12104, as applicable, to meet— 
‘‘(i) the consumer convenience and ge-
ographic coverage standards for collection 
under this part; and 
‘‘(ii) the performance targets under 
subsection (g); 
‘‘(E) consumer education plans in accord-
ance with section 12106; 
‘‘(F) a customer service process, such as a 
process for answering citizen or customer ques-
tions and resolving issues; 
‘‘(G) sound management practices for 
worker health and safety; 
‘‘(H) plans for complying with design-for- 
environment and labeling requirements under 
sections 12303 and 12304, respectively; 
‘‘(I) the means by which responsible par-
ties will work with, improve, and fund existing 
recycling, composting, litter cleanup, and dis-
posal programs and infrastructure; 
‘‘(J) any plans to transition to reusable 
covered products; 
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‘‘(K) the process to consider and establish 
innovative means to increase collection of cov-
ered products; 
‘‘(L) the means by which the Organization 
is mitigating fraud in the applicable Program; 
‘‘(M) the means by which responsible par-
ties will consult with the Federal Government, 
State and local governments, and any other im-
portant stakeholders; and 
‘‘(N) plans for market development. 
‘‘(c) APPROVAL OR DENIAL.—Not later than 90 days 
after receiving a Plan under subsection (a), the Adminis-
trator shall— 
‘‘(1) approve or deny the Plan; and 
‘‘(2) notify the applicable Organization of the 
determination of the Administrator under paragraph 
(1). 
‘‘(d) IMPLEMENTATION.—Beginning on August 1, 
2023, not later than 60 days after receiving a notification 
of approval of a Plan under subsection (c)(2), the applica-
ble Organization shall begin implementation of the Plan. 
‘‘(e) EXPIRATION.—A Plan— 
‘‘(1) shall expire on the date that is 5 years 
after the date on which the Plan is approved; and 
‘‘(2) may be renewed. 
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‘‘(f) REVISIONS.—The Administrator may require a 
revision to a Plan before the expiration date of the Plan 
if— 
‘‘(1) the performance targets under subsection 
(g) are not being met; or 
‘‘(2) there is a change in circumstances that 
otherwise warrants a revision. 
‘‘(g) PERFORMANCE TARGETS.— 
‘‘(1) IN
GENERAL.—Each Plan shall contain 
achievable performance targets for the collection and 
recycling of the applicable covered product or bev-
erage container in accordance with section 12103 or 
12104, as applicable. 
‘‘(2) MINIMUM
REQUIREMENTS.—Performance 
targets under paragraph (1) shall be not less than, 
by weight of covered product— 
‘‘(A) by December 31, 2027— 
‘‘(i) 65 percent of all covered prod-
ucts, except paper, recycled; 
‘‘(ii) 75 percent of all beverage con-
tainers and paper covered products recy-
cled; and 
‘‘(iii) 50 percent of all industrially 
compostable covered products composted; 
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‘‘(B) by December 31, 2030, 15 percent of 
covered products for which packaging is elimi-
nated or offered in reusable packaging; 
‘‘(C) by such dates as the Administrator 
determines to be appropriate after December 
31, 2030, such percentage of covered products 
for which packaging shall be eliminated or that 
shall be offered in reusable packaging as the 
Administrator determines to be appropriate; 
and 
‘‘(D) by December 31, 2032— 
‘‘(i) 80 percent of all covered prod-
ucts, except paper, recycled; 
‘‘(ii) 90 percent of all beverage con-
tainers and paper covered products recy-
cled; and 
‘‘(iii) 70 percent of all industrially 
compostable covered products composted. 
‘‘(3) LABELING
RESTRICTION.—A responsible 
party for a covered product shall not include on the 
covered product a label claiming that the covered 
product is recyclable or compostable if the covered 
product does not satisfy the performance targets 
under paragraph (2). 
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‘‘SEC. 12106. OUTREACH AND EDUCATION. 
‘‘(a) IN GENERAL.—A Program shall include the pro-
vision of outreach and education to consumers throughout 
the United States regarding— 
‘‘(1) proper end-of-life management of covered 
products and beverage containers; 
‘‘(2) the location and availability of curbside 
and drop-off collection opportunities; 
‘‘(3) how to prevent litter of covered products 
and beverage containers; and 
‘‘(4) recycling and composting instructions that 
are— 
‘‘(A) consistent nationwide, except as nec-
essary to take into account differences among 
State and local laws; 
‘‘(B) easy to understand; and 
‘‘(C) easily accessible, including accessi-
bility in multiple languages to reach a diverse 
ethnic population. 
‘‘(b) ACTIVITIES.—Outreach and education under 
subsection (a) shall— 
‘‘(1) be designed to achieve the management 
goals of covered products and beverage containers 
under this part, including the prevention of contami-
nation by covered products and beverage containers 
in other management systems or in other materials; 
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‘‘(2) be coordinated across programs nationally 
to avoid confusion for consumers; and 
‘‘(3) include, at a minimum— 
‘‘(A) consulting on education, outreach, 
and communications with the advisory com-
mittee of the applicable Organization and other 
stakeholders; 
‘‘(B) coordinating with and assisting local 
municipal programs, municipal contracted pro-
grams, solid waste collection companies, and 
other entities providing services to the Pro-
gram; 
‘‘(C) developing and providing outreach 
and education to the diverse ethnic populations 
of the United States through translated and 
culturally appropriate materials, including in- 
language and targeted outreach; 
‘‘(D) establishing consumer websites and 
mobile applications that provide information 
about methods to prevent covered product and 
beverage container pollution and how consumers 
may access and use collection services; 
‘‘(E) working with Program participants to 
label covered products and beverage containers 
with information to assist consumers in respon-
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sibly managing covered product and beverage 
container waste; and 
‘‘(F) determining the effectiveness of out-
reach, education, communications, and conven-
ience of services through periodic surveys of 
consumers. 
‘‘(c) EVALUATION.—If the Administrator determines 
that performance targets under section 12105(g) are not 
being met with respect to an Organization, the Organiza-
tion shall— 
‘‘(1) conduct an evaluation of the effectiveness 
of outreach and education efforts under this section 
to determine whether changes are necessary to im-
prove those outreach and education efforts; and 
‘‘(2) develop information that may be used to 
improve outreach and education efforts under this 
section. 
‘‘SEC. 12107. REPORTING. 
‘‘(a) IN GENERAL.—An Organization shall annually 
make available on a publicly available website a report that 
contains— 
‘‘(1) with respect to covered products or bev-
erages in beverage containers sold or imported by 
members of the Organization, a description of, at a 
minimum— 
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‘‘(A) the quantity of covered products or 
beverage containers sold or imported and col-
lected, by submaterial type and State, for the 
year covered by the report and each prior year; 
‘‘(B) management of the covered products 
or beverage containers, including recycling 
rates, by submaterial type, for the year covered 
by the report and each prior year; 
‘‘(C) data on the final destination and 
quantity of reclaimed covered products or bev-
erage containers, by submaterial type, including 
the form of any covered products or beverage 
containers exported; 
‘‘(D) contamination in the recycling stream 
of the covered products or beverage containers; 
‘‘(E) collection service vendors and collec-
tion locations, including— 
‘‘(i) the geographic distribution of col-
lection; 
‘‘(ii) distance to population centers; 
‘‘(iii) hours; 
‘‘(iv) actions taken to reduce barriers 
to collection by expanding curbside collec-
tion or facilitating drop-offs; and 
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‘‘(v) frequency of collection avail-
ability; 
‘‘(F) efforts to reduce environmental im-
pacts at each stage of the lifecycle of the cov-
ered products or beverage containers; and 
‘‘(G) the quantity of covered products that 
have been eliminated or replaced by reusable 
packaging, delineated by submaterial type and 
State, for the year covered by the report and 
for each prior year for which a report was sub-
mitted; 
‘‘(2) the composition of the advisory committee 
for the Organization; 
‘‘(3) expenses of the Organization; 
‘‘(4) outreach and education efforts under sec-
tion 12106, including the results of those efforts; 
‘‘(5) customer service efforts and results; 
‘‘(6) performance relative to the performance 
targets of the Plan under section 12105(g); 
‘‘(7) the status of packaging innovation and de-
sign characteristics to prevent littering, make cov-
ered products or beverage containers reusable or re-
fillable, or reduce overall covered product and bev-
erage container waste; and 
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‘‘(8) any other information that the Adminis-
trator determines to be appropriate. 
‘‘(b) CONSISTENCY.—Organizations shall make ef-
forts to coordinate reporting under subsection (a) to pro-
vide for consistency of information across a category of 
covered products or beverage containers. 
‘‘(c) AUDITS.—Every 2 years, the Administrator shall 
conduct an audit of— 
‘‘(1) collection and recycling to provide an ac-
counting of the collection and recycling of covered 
products and beverage containers that are not pro-
duced by a responsible party or an Organization; 
and 
‘‘(2) covered products and beverage containers 
of brand names found in litter to provide for an ac-
counting of covered products and other litter that 
continues to create pollution. 
‘‘(d) REDUCTIONS IN STATE AND LOCAL TAXES.— 
Not later than February 1, 2025, and annually thereafter, 
the Administrator shall prepare and make publicly avail-
able a report describing— 
‘‘(1) the effect of this part on costs incurred by 
State and local governments for the management 
and cleanup of covered products and beverage con-
tainers; and 
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‘‘(2) any reductions in State and local taxes as 
a result of any reductions of costs described in para-
graph (1). 
‘‘PART II—REDUCTION OF SINGLE-USE 
PRODUCTS 
‘‘SEC. 12201. PROHIBITION ON SINGLE-USE PLASTIC CARRY-
OUT BAGS. 
‘‘(a) DEFINITION OF SINGLE-USE PLASTIC BAG.—In 
this section: 
‘‘(1) IN GENERAL.—The term ‘single-use plastic 
bag’ means a bag that is— 
‘‘(A) made of plastic; and 
‘‘(B) provided by a covered retail or service 
establishment to a customer at the point of 
sale, home delivery, the check stand, cash reg-
ister, or other point of departure to a customer 
for use to transport, deliver, or carry away pur-
chases. 
‘‘(2) EXCLUSIONS.—The term ‘single-use plas-
tic bag’ does not include— 
‘‘(A) a bag that is subject to taxation 
under section 4056 of the Internal Revenue 
Code of 1986; 
‘‘(B) a bag that— 
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‘‘(i) is made a material other than 
plastic film; 
‘‘(ii) is woven or nonwoven nylon, 
polypropylene, 
polyethylene-terephthalate, 
or Tyvek in a quantity less than 80 grams 
per square meter; 
‘‘(iii) has handles that are stitched 
and not heat-fused; and 
‘‘(iv) is machine washable; or 
‘‘(C) a covered product that is— 
‘‘(i) used by a consumer inside a 
store— 
‘‘(I) to package bulk items, such 
as fruit, vegetables, nuts, grains, 
candy, unwrapped prepared foods or 
bakery goods, or small hardware 
items; or 
‘‘(II) to contain or wrap— 
‘‘(aa) prepackaged or non- 
prepackaged frozen foods, meat, 
or fish; or 
‘‘(bb) flowers, potted plants, 
or other items the dampness of 
which may require the use of the 
nonhandled bag; 
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‘‘(ii) a bag sold at retail in packages 
containing multiple bags intended to con-
tain garbage or pet waste; 
‘‘(iii) a newspaper bag; 
‘‘(iv) a door hanger bag; or 
‘‘(v) a laundry or dry cleaning bag. 
‘‘(b) PROHIBITION.—A covered retail or service es-
tablishment shall not provide at the point of sale a single- 
use plastic bag to a customer. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If a covered retail or service establishment 
violates subsection (b), the Administrator shall pro-
vide that covered retail or service establishment with 
written notification regarding the violation of the re-
quirement under that subsection. 
‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a covered retail or 
service establishment, subsequent to receiving a 
written notification described in paragraph (1), 
violates subsection (b), the Administrator shall 
fine the covered retail or service establishment 
in accordance with subparagraph (B). 
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‘‘(B) AMOUNT
OF
PENALTY.—For each 
violation during a calendar year, the amount of 
the penalty under subparagraph (A) shall be— 
‘‘(i) in the case of the first violation, 
$250; 
‘‘(ii) in the case of the second viola-
tion, $500; and 
‘‘(iii) in the case of the third violation 
or any subsequent violation, $1,000. 
‘‘(C) SEIZURE.—On a third violation or 
any subsequent violation under this paragraph 
by a covered retail or service establishment, the 
Administrator may seize any single-use plastic 
bags in the possession of the covered retail or 
service establishment. 
‘‘(D) LIMITATION.—In the case of a cov-
ered retail or service establishment the annual 
revenue of which is less than $1,000,000, a 
penalty shall not be imposed under this para-
graph more than once during any 7-day period. 
‘‘(3) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under this subsection if the Administrator deter-
mines that the State meets such requirements as the 
Administrator may establish. 
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