‘‘(d) EFFECTIVE DATE.—The prohibition under this 
section shall take effect on January 1, 2023. 
‘‘SEC. 12202. REDUCTION OF OTHER SINGLE-USE PROD-
UCTS. 
‘‘(a) PROHIBITION ON PLASTIC UTENSILS AND PLAS-
TIC STRAWS.— 
‘‘(1) UTENSILS.—A covered retail or service es-
tablishment may not use, provide, distribute, or sell 
a plastic utensil. 
‘‘(2) PLASTIC STRAWS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), a covered retail or service 
establishment that sells food or beverages— 
‘‘(i) except as provided in clause (ii), 
may not provide a plastic straw to a cus-
tomer; 
‘‘(ii) shall provide a plastic straw to a 
customer who requests a plastic straw; 
‘‘(iii) shall provide accessible means of 
communication, across all ordering plat-
forms used by the covered retail or service 
establishment (such as online, mobile, and 
in-person), for customers to request a plas-
tic straw; and 
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‘‘(iv) shall keep in stock plastic straws 
for customers who request plastic straws. 
‘‘(B) EFFECTIVE
FUNCTIONAL
EQUIVA-
LENTS.—If the Administrator, in consultation 
with the National Council on Disability and ad-
vocates representing the disability and environ-
mental communities, determines that an effec-
tive functional equivalent to a plastic straw that 
can be recycled, composted, or disposed with 
minimal harm to the environment has been de-
veloped— 
‘‘(i) subparagraph (A) shall no longer 
apply; and 
‘‘(ii) a covered retail or service estab-
lishment may not provide a plastic straw to 
a customer. 
‘‘(C) 
EXCLUSION.—Subparagraph 
(A) 
shall not apply to the sale of plastic straws in 
bulk for home or personal use. 
‘‘(3) NONPLASTIC ALTERNATIVES.—A covered 
retail or service establishment may provide, dis-
tribute, or sell a reusable, compostable, or recyclable 
alternative to a plastic utensil or plastic straw 
only— 
‘‘(A) on request of a customer; 
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‘‘(B) in the case of a compostable or recy-
clable alternative, if composting or recycling, as 
applicable, for the item is provided and locally 
accessible; and 
‘‘(C) effective beginning on February 1, 
2023, if the alternative does not contain a toxic 
substance. 
‘‘(b) PROHIBITION ON OTHER SINGLE-USE PROD-
UCTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (3) and (4), a covered retail or service estab-
lishment may not sell or distribute any single-use 
product that the Administrator determines is not re-
cyclable or compostable and can be replaced by a re-
usable or refillable item. 
‘‘(2) INCLUSIONS.—In the prohibition under 
paragraph (1), the Administrator shall include— 
‘‘(A) expanded polystyrene for use in food 
service products, disposable consumer coolers, 
or shipping packaging; 
‘‘(B) single-use personal care products, 
such as miniature bottles containing shampoo, 
soap, and lotion that are provided at hotels or 
motels; 
‘‘(C) noncompostable produce stickers; and 
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‘‘(D) such other products that the Admin-
istrator determines by regulation to be appro-
priate. 
‘‘(3) EXCEPTION.—The prohibition under para-
graph (1) shall not apply to the sale or distribution 
of an expanded polystyrene cooler for any medical 
use determined to be necessary by the Secretary of 
Health and Human Services. 
‘‘(4) TEMPORARY WAIVER.—The Administrator 
may grant a temporary waiver of not more than 1 
year from the prohibition under paragraph (1) for 
the use of expanded polystyrene in shipping pack-
aging to protect a product of high value if a viable 
alternative to expanded polystyrene is not available. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) WRITTEN NOTIFICATION FOR FIRST VIO-
LATION.—If a covered retail or service establishment 
violates subsection (a) or (b), the Administrator 
shall provide that covered retail or service establish-
ment with written notification regarding the viola-
tion of the requirement under that subsection. 
‘‘(2) SUBSEQUENT VIOLATIONS.— 
‘‘(A) IN GENERAL.—If any covered retail 
or service establishment, subsequent to receiv-
ing a written notification described in para-
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graph (1), violates subsection (a) or (b), the 
Administrator shall fine the covered retail or 
service establishment in accordance with sub-
paragraph (B). 
‘‘(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 plastic products 
prohibited under subsection (a) or (b) that are 
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. 
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‘‘(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. 
‘‘(d) EFFECTIVE DATE.—The prohibition under this 
section shall take effect on January 1, 2023. 
‘‘SEC. 12203. STUDY AND ACTION ON PLASTIC TOBACCO FIL-
TERS AND ELECTRONIC CIGARETTES. 
‘‘(a) STUDY.—Not later than 2 years after the date 
of enactment of this subtitle, the Administrator, in con-
junction with the Commissioner of Food and Drugs and 
the Director of the National Institutes of Health, shall 
conduct a study on— 
‘‘(1) the environmental impacts and efficacy of 
tobacco filters made from plastic; and 
‘‘(2) the environmental impacts of electronic 
cigarettes, including disposable components of elec-
tronic cigarettes. 
‘‘(b) REPORT TO CONGRESS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date on which the study under subsection 
(a) is concluded, the Administrator, in conjunction 
with the Commissioner of Food and Drugs, shall 
submit to the committees described in paragraph (2) 
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for incorporating plastic tobacco filters and elec-
tronic cigarette components into an extended pro-
ducer responsibility program. 
‘‘PART III—RECYCLING AND COMPOSTING 
‘‘SEC. 12301. RECYCLING AND COMPOSTING COLLECTION. 
‘‘The Administrator, in consultation with Organiza-
tions, State and local governments, and affected stake-
holders, shall issue guidance to standardize recycling and 
composting collection across communities and States. 
‘‘SEC. 12302. REQUIREMENTS FOR THE PRODUCTION OF 
PRODUCTS 
CONTAINING 
RECYCLED 
CON-
TENT. 
‘‘(a) PLASTIC BEVERAGE CONTAINERS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall require each responsible 
party for plastic beverage containers to make the 
plastic beverage containers— 
‘‘(A) by 2025, of 25 percent post-consumer 
recycled content from United States sources; 
‘‘(B) by 2030, of 50 percent post-consumer 
recycled content from United States sources; 
‘‘(C) by 2035, of 70 percent post-consumer 
recycled content from United States sources; 
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‘‘(D) by 2040, of 80 percent post-consumer 
recycled content from United States sources; 
and 
‘‘(E) by such dates thereafter as the Ad-
ministrator shall establish, such percentages of 
post-consumer recycled content from United 
States sources as the Administrator determines 
by a rule to be appropriate. 
‘‘(2) ADJUSTMENT.—After consideration of the 
results of the study under subsection (b)(1), the Ad-
ministrator may issue regulations to modify 1 or 
more of the percentages described in subparagraphs 
(A) through (D) of paragraph (1). 
‘‘(3) NONTOXIC REQUIREMENT.—The Adminis-
trator shall require each responsible party for plastic 
beverage containers to ensure that, effective begin-
ning on February 1, 2023, the plastic beverage con-
tainers do not contain any toxic substances. 
‘‘(b) OTHER COVERED PRODUCTS AND BEVERAGE 
CONTAINERS.— 
‘‘(1) STUDY.—The Administrator, in coordina-
tion with the Director of the National Institute of 
Standards and Technology, the Commissioner of 
Food and Drugs, and the head of any other relevant 
Federal agency, shall carry out a study to determine 
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the technical and safe minimum post-consumer recy-
cled content requirements for covered products and 
beverage containers, including beverage containers 
composed of glass, aluminum, and other materials. 
‘‘(2) REPORT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this subtitle, the 
Administrator shall submit to Congress a report 
describing the results of the study under para-
graph (1), including— 
‘‘(i) an estimate of the current and 
projected consumption of covered products 
and use of beverage containers in the 
United States; 
‘‘(ii) an estimate of current and pro-
jected future recycling rates of covered 
products and beverage containers in the 
United States; 
‘‘(iii) an assessment of techniques and 
recommendations to minimize the creation 
of new materials for covered products and 
beverage containers; and 
‘‘(iv) an assessment of— 
‘‘(I) post-consumer recycled con-
tent standards for covered products 
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and beverage containers that are tech-
nologically feasible; and 
‘‘(II) the impact of the standards 
described in subclause (I) on recycling 
rates of covered products and bev-
erage containers. 
‘‘(B) PUBLICATION.—On submission of the 
report under subparagraph (A) to Congress, the 
Administrator shall publish in the Federal Reg-
ister for public comment— 
‘‘(i) the report; and 
‘‘(ii) a description of the actions the 
Administrator intends to take during the 
1-year period after the date of publication 
in the Federal Register to establish min-
imum 
post-consumer 
recycled 
content 
standards for covered products and bev-
erage containers. 
‘‘(3) MINIMUM STANDARDS.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the Administrator publishes the report 
under paragraph (2)(B), the Administrator 
shall establish minimum post-consumer recycled 
content standards for covered products and bev-
erage containers. 
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‘‘(B) REQUIREMENT.—The standards es-
tablished under subparagraph (A) shall increase 
the percentage by which covered products and 
beverage containers shall be composed of post- 
consumer recycled content over a time period 
established by the Administrator. 
‘‘SEC. 12303. DESIGNING FOR THE ENVIRONMENT. 
‘‘(a) IN GENERAL.—The Administrator shall require 
each responsible party for covered products and beverage 
containers to design the covered products and beverage 
containers to minimize the environmental and health im-
pacts of the covered products and beverage containers. 
‘‘(b) REQUIREMENTS.—In designing covered prod-
ucts and beverage containers in accordance with sub-
section (a), to minimize the impacts of extraction, manu-
facture, use, and end-of-life management, a responsible 
party shall consider— 
‘‘(1) eliminating or reducing the quantity of 
material used; 
‘‘(2) effective beginning on February 1, 2023, 
eliminating toxic substances; 
‘‘(3) eliminating or reducing mixed-polymer and 
mixed-material packaging; 
‘‘(4) reducing the use of all additives; 
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‘‘(5) designing for reuse, refill, and lifespan ex-
tension; 
‘‘(6) incorporating recycled materials; 
‘‘(7) designing to reduce environmental impacts 
across the lifecycle of a product; 
‘‘(8) incorporating sustainably and renewably 
sourced material; 
‘‘(9) optimizing material to use the minimum 
quantity of packaging necessary to effectively deliver 
a product without damage or spoilage; 
‘‘(10) degradability of materials in cold-water 
environments; and 
‘‘(11) 
improving 
recyclability 
and 
compostability. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—If the Administrator deter-
mines that a responsible party for covered products 
or beverage containers has not designed covered 
products or beverage containers in accordance with 
subsection (b), the Administrator— 
‘‘(A) in the case of the first violation, shall 
provide that responsible party with written noti-
fication regarding the violation of the require-
ment under that subsection; and 
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