‘‘(ii) the percentage of population of 
households with an income of not more 
than twice the Federal poverty level of 
which is not less than the percentage of 
population of those households in the ap-
plicable State; 
‘‘(B) no census tract or census block group 
described in subparagraph (A) is exposed to a 
disproportionate burden of the negative human 
health and environmental impacts of pollution 
or other environmental hazards; and 
‘‘(C) the 17 principles described in the doc-
ument entitled ‘The Principles of Environ-
mental Justice’, written and adopted at the 
First National People of Color Environmental 
Leadership Summit convened on October 24 
through 27, 1991, in Washington, DC, are 
upheld. 
‘‘(8) FOOD SERVICE PRODUCT.—The term ‘food 
service product’ means an item intended to deliver a 
food product, regardless of the recyclability or 
compostability of the item, including— 
‘‘(A) a utensil; 
‘‘(B) a straw; 
‘‘(C) a stirrer; 
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‘‘(D) a drink cup; 
‘‘(E) a drink lid; 
‘‘(F) a food package; 
‘‘(G) a food container; 
‘‘(H) a hinged or lidded container (com-
monly known as a ‘clamshell’); 
‘‘(I) a plate; 
‘‘(J) a bowl; 
‘‘(K) a meat, fish, seafood, or vegetable 
tray; 
‘‘(L) a food wrapper; and 
‘‘(M) a beverage container. 
‘‘(9) ORGANIZATION.—The term ‘Organization’ 
means a Producer Responsibility Organization de-
scribed in section 12102(a)(1). 
‘‘(10) PACKAGING.— 
‘‘(A) IN GENERAL.—The term ‘packaging’ 
means— 
‘‘(i) any package or container, regard-
less of recyclability or compostability; and 
‘‘(ii) any separable and distinct mate-
rial component, regardless of recyclability 
or compostability, used for the contain-
ment, protection, handling, delivery, and 
presentation of goods that are sold, offered 
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for sale, or distributed to consumers in the 
United States, including through an inter-
net transaction. 
‘‘(B) INCLUSIONS.—The term ‘packaging’ 
includes— 
‘‘(i) an item described in subpara-
graph (A) that is— 
‘‘(I) sales packaging or primary 
packaging intended for the consumer 
market; 
‘‘(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 prod-
ucts; 
‘‘(III) secondary packaging used 
to group products for multiunit sale; 
or 
‘‘(IV) tertiary packaging used for 
transportation or distribution directly 
to a consumer; and 
‘‘(ii) any ancillary element that is— 
‘‘(I) hung on, or attached to, a 
product; and 
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‘‘(II) performing a packaging 
function. 
‘‘(C) EXCLUSION.—The term ‘packaging’ 
does not include an item described in subpara-
graph (A) or (B) that— 
‘‘(i) is used for the long-term protec-
tion or storage of a product; and 
‘‘(ii) has a useful life of not less than 
5 years, as determined by the Adminis-
trator. 
‘‘(11) PAPER.— 
‘‘(A) IN
GENERAL.—The term ‘paper’ 
means a paper product that is sold, offered for 
sale, delivered, 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. 
‘‘(C) EXCLUSIONS.—The term ‘paper’ does 
not include— 
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‘‘(i) a paper product that, due to the 
intended use of the product, could become 
unsafe or unsanitary to recycle; or 
‘‘(ii) a bound book. 
‘‘(12) PLAN.—The term ‘Plan’ means a Prod-
uct Stewardship Plan of an Organization under sec-
tion 12103(a). 
‘‘(13) PLASTIC.— 
‘‘(A) IN
GENERAL.—The term ‘plastic’ 
means a synthetic or semisynthetic material 
that is— 
‘‘(i) synthesized by the polymerization 
of organic substances; and 
‘‘(ii) capable of being shaped into var-
ious rigid and flexible forms. 
‘‘(B) INCLUSIONS.—The term ‘plastic’ in-
cludes any coating or adhesive described in sub-
paragraph (A). 
‘‘(14) PLASTIC COMPONENT.—The term ‘plastic 
component’ means an item that— 
‘‘(A) is composed wholly or partially of 
plastic; and 
‘‘(B) comprises— 
‘‘(i) the entirety of a covered product; 
or 
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‘‘(ii) an element of a covered product 
that is detachable on or after use of the 
covered product. 
‘‘(15) 
POST-CONSUMER
RECYCLED
MATE-
RIAL.— 
‘‘(A) IN
GENERAL.—The term ‘post-con-
sumer recycled material’ means new material 
produced using material resulting from the re-
covery, separation, collection, and reprocessing 
of material that— 
‘‘(i) was originally sold for consump-
tion; and 
‘‘(ii) would otherwise be disposed of or 
processed as waste. 
‘‘(B) EXCLUSIONS.—The term ‘post-con-
sumer recycled material’ does not include— 
‘‘(i) post-industrial material; 
‘‘(ii) preconsumer material; or 
‘‘(iii) a material or byproduct— 
‘‘(I) generated by means of ad-
vanced recycling, chemical recycling, 
combustion, gasification, incineration, 
pyrolysis, 
solvolysis, 
thermal 
desorption, waste-to-energy, waste-to- 
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