‘‘(10) PACKAGING.— 
‘‘(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— 
‘‘(i) packaging intended for the con-
sumer 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 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— 
‘‘(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 is economically and technically recyclable 
in current United States market conditions; 
‘‘(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— 
‘‘(i) for each of calendar years 2020 
through 2024, not less than 25 percent; 
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‘‘(ii) for each of calendar years 2025 
through 2029, not less than 35 percent; 
‘‘(iii) for each of calendar years 2030 
through 2034, not less than 50 percent; 
and 
‘‘(iv) for calendar year 2035 and each 
calendar year thereafter, not less than 60 
percent; and 
‘‘(C) the consumer that uses the covered 
product or beverage container is not required to 
remove an attached component of the covered 
product or beverage container, such as a shrink 
sleeve, label, or filter, before the covered prod-
uct or beverage container can be recycled. 
‘‘(15) RECYCLE.— 
‘‘(A) IN
GENERAL.—The term ‘recycle’ 
means the series of activities by which a cov-
ered product is— 
‘‘(i) collected, sorted, and processed; 
and 
‘‘(ii)(I) converted into a raw material 
with minimal loss of material quality; 
‘‘(II) used in the production of a new 
product, including the original product; or 
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‘‘(III) in the case of composting or or-
ganic recycling, productively used for soil 
improvement. 
‘‘(B) EXCLUSION.—The term ‘recycle’ does 
not include— 
‘‘(i) the method of sorting, processing, 
and aggregating materials from solid waste 
that does not preserve the original material 
quality, and, as a result, the aggregated 
material is no longer usable for its initial 
purpose or product and can only be used 
for inferior purposes or products (com-
monly referred to as ‘downcycling’); 
‘‘(ii) the use of waste— 
‘‘(I) as a fuel or fuel substitute; 
‘‘(II) for energy production; 
‘‘(III) for alternate operating 
cover; or 
‘‘(IV) within the footprint of a 
landfill; or 
‘‘(iii) the conversion of waste into al-
ternative products, such as chemicals, feed-
stocks, fuels, and energy, through— 
‘‘(I) pyrolysis; 
‘‘(II) hydropyrolysis; 
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‘‘(III) methanolysis; 
‘‘(IV) gasification; 
‘‘(V) enzymatic breakdown; or 
‘‘(VI) a similar technology, as de-
termined by the Administrator. 
‘‘(16) RESPONSIBLE PARTY.— 
‘‘(A) BEVERAGE CONTAINERS.— 
‘‘(i) IN GENERAL.—With respect to a 
beverage sold in a beverage container, the 
term ‘responsible party’ means— 
‘‘(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 
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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. 
‘‘(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-
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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. 
‘‘(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-
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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— 
‘‘(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-
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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-
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) 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 
‘‘(iii) 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 one or more of the following condi-
tions: 
‘‘(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 a perfluoroalkyl or polyfluoroalkyl 
substance. 
‘‘(B) EXCLUSIONS.—The term ‘toxic sub-
stance’ does not include— 
‘‘(i) a pesticide applied— 
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‘‘(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) UNITED
STATES.—The term ‘United 
States’, when used in a geographical sense, means 
all of the States. 
‘‘(22) 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. 
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