fuel, or any other chemical or molec-
ular conversion process; or 
‘‘(II) generated from, and com-
monly reused within, an original man-
ufacturing and fabrication process. 
‘‘(16) PRODUCER.— 
‘‘(A) IN GENERAL.—The term ‘producer’ 
means an entity that— 
‘‘(i)(I) manufactures a covered prod-
uct or beverage container; and 
‘‘(II) owns, or is a licensee of, the 
brand or trademark under which that cov-
ered product or beverage container is— 
‘‘(aa) used in a commercial enter-
prise in the United States; 
‘‘(bb) sold or offered for sale in 
the United States; or 
‘‘(cc) distributed in the United 
States; 
‘‘(ii) if no entity described in clause 
(i) exists with respect to a covered product 
or beverage container, owns or, if the 
owner is not located in the United States, 
is the exclusive licensee of a brand or 
trademark under which the covered prod-
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uct or beverage container is used in a com-
mercial enterprise, sold or offered for sale, 
or distributed, in the United States; or 
‘‘(iii) if no entity described in clause 
(i) or (ii) exists with respect to a covered 
product or beverage container, sells, offers 
for sale, or distributes the covered product 
or beverage container in the United States. 
‘‘(B) EXCLUSION.—The term ‘producer’ 
does not include an entity that produces, har-
vests, and packages an agricultural commodity 
on the site where the agricultural commodity 
was grown or raised. 
‘‘(C) RELATED
DEFINITIONS.—For pur-
poses of subparagraph (A): 
‘‘(i) LICENSEE.—The term ‘licensee’ 
means an entity that holds the exclusive 
right to use a trademark or brand in the 
United States in connection with the man-
ufacture, sale, or distribution of a covered 
product or beverage container. 
‘‘(ii) 
MANUFACTURE.—The 
term 
‘manufacture’, with respect to a beverage 
container, means to bottle, can, or other-
wise fill a beverage container for sale to— 
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‘‘(I) distributors distributing bev-
erage containers to retailers; 
‘‘(II) importers; or 
‘‘(III) retailers. 
‘‘(iii) SALE.—The term ‘sale’ includes 
the delivery of a covered product or bev-
erage container to a purchaser in the 
United States. 
‘‘(17) PRODUCT LINE.—The term ‘product line’ 
means a group of related products marketed under 
a single brand name that— 
‘‘(A) is sold, offered for sale, or distributed 
by a distributor in the United States, including 
through an internet transaction; and 
‘‘(B) is used by the distributor for the pur-
pose of distinguishing those products from 
other, similar products for better usability for 
consumers. 
‘‘(18) PROHIBITED PLASTIC PACKAGING.—The 
term ‘prohibited plastic packaging’ means plastic 
packaging that— 
‘‘(A) contains a nondetectable pigment, 
such as carbon black; 
‘‘(B) is rigid and is composed wholly or 
partially of polyethylene terephthalate glycol; 
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‘‘(C) is composed wholly or partially of pol-
ystyrene, including expanded polystyrene; 
‘‘(D) is composed wholly or partially of 
polyvinyl chloride, including polyvinylidene chlo-
ride; 
‘‘(E) contains an oxodegradable additive, 
including an oxobiodegradable additive; or 
‘‘(F) contains a problematic label construc-
tion that hinders recycling or makes the pack-
aging nonrecyclable, including adhesives, inks, 
materials, and design features. 
‘‘(19) RECYCLABLE.—The term ‘recyclable’, 
with respect to a covered product or a beverage con-
tainer, means that the covered product or beverage 
container— 
‘‘(A) can be economically and technically 
recycled in current United States market condi-
tions; 
‘‘(B) is collected pursuant to 1 or more re-
cycling programs covering not less than 60 per-
cent of the population of the United States; 
‘‘(C) can be sorted into 1 or more recy-
cling-process defined streams that are sent to, 
and reclaimed at, a reclaiming facility in ac-
cordance with the applicable requirements of 
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the Basel Convention on the Control of Trans-
boundary Movements of Hazardous Wastes and 
Their Disposal, done at Basel, Switzerland, 
March 22, 1989; 
‘‘(D) does not include an attached compo-
nent, such as a shrink sleeve, label, or filter, 
that is required to be removed by a consumer 
before the covered product or beverage con-
tainer can be recycled; and 
‘‘(E)(i) in the case of plastic packaging, is 
designed not to include any component, ink, ad-
hesive, or label that prevents recycling of the 
plastic packaging according to the most-recent 
design guide published by the Association of 
Plastic Recyclers; and 
‘‘(ii) in the case of nonplastic packaging or 
any other covered product— 
‘‘(I) is designed to meet the require-
ments of subparagraphs (A) through (D); 
and 
‘‘(II) does not include any component, 
ink, adhesive, or label that prevents recy-
cling of the covered product or nonplastic 
packaging. 
‘‘(20) RECYCLE.— 
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‘‘(A) IN
GENERAL.—The term ‘recycle’ 
means the series of activities by which a cov-
ered product or beverage container 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 covered 
product or beverage container; or 
‘‘(III) in the case of composting or or-
ganic recycling, productively used for soil 
improvement. 
‘‘(B) EXCLUSIONS.—The term ‘recycle’ 
does not include— 
‘‘(i) a method of sorting, processing, 
and aggregating materials from solid waste 
that does not preserve original material 
quality, as a result of which the aggregated 
material— 
‘‘(I) is no longer usable for— 
‘‘(aa) the initial purpose; or 
‘‘(bb) a substantially similar 
purpose; and 
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‘‘(IV) methanolysis; 
‘‘(V) gasification; or 
‘‘(VI) a similar technology, as de-
termined by the Administrator. 
‘‘(21) REDEEM.—The term ‘redeem’ means to 
return to a retailer or producer an empty beverage 
container in exchange for a refund of the applicable 
amount under section 12108(c). 
‘‘(22) REDEMPTION
CENTER.—The term ‘re-
demption center’ means a facility established under 
section 12108(e)(2). 
‘‘(23) REFILLABLE; REUSABLE.—The term ‘re-
fillable’ or ‘reusable’, with respect to a beverage con-
tainer or covered product, means that the beverage 
container or covered product is— 
‘‘(A) explicitly designed and marketed to 
be used— 
‘‘(i) by a producer or consumer, mul-
tiple times for the same or a similar prod-
uct; or 
‘‘(ii) by a producer, for another pur-
poseful packaging use in a supply chain; 
‘‘(B) designed for durability to function 
properly in original condition for multiple uses; 
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‘‘(C) mechanically feasible for refill or 
reuse in current United States market condi-
tions; 
‘‘(D) feasible for refill or reuse for such 
number of cycles as the Administrator deter-
mines to be appropriate to achieve a significant 
environmental benefit across the lifecycle of the 
beverage container or covered product, as com-
pared to a single-use beverage container or cov-
ered product; and 
‘‘(E) part of a reuse and refill system in 
the United States under which not less than 95 
percent of beverage containers are returned to 
distributors for reuse and refill. 
‘‘(24) RESPONSIBLE END MARKET.—The term 
‘responsible end market’ means a material market in 
which the recycling or recovery of materials or the 
disposal of contaminants is conducted in a manner 
that, as determined by the Administrator— 
‘‘(A) benefits the environment; and 
‘‘(B) minimizes risks to— 
‘‘(i) public health; and 
‘‘(ii) worker health and safety. 
‘‘(25) RESTAURANT.— 
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‘‘(A) IN GENERAL.—The term ‘restaurant’ 
means an establishment the primary business of 
which is the preparation of food or beverages 
for consumption by the public— 
‘‘(i) in a form and quantity that is 
consumable immediately at the establish-
ment, regardless of whether a purchased 
food or beverage is consumed on-premises; 
or 
‘‘(ii) in a consumable form for con-
sumption off-premises. 
‘‘(B) INCLUSION.—The term ‘restaurant’ 
includes a fast food restaurant. 
‘‘(26) RETAILER.— 
‘‘(A) IN
GENERAL.—The term ‘retailer’ 
means an entity located in the United States 
that— 
‘‘(i) engages in the sale of beverage 
containers or covered products to a con-
sumer; or 
‘‘(ii) provides beverage containers or 
covered products to an individual or entity 
in commerce, including provision free of 
charge, such as at a workplace or event. 
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‘‘(B) INCLUSION.—The term ‘retailer’ in-
cludes an entity located in the United States 
that engages in the sale of, or provides, bev-
erage containers as described in subparagraph 
(A) through a vending machine or similar 
means. 
‘‘(27) REUSE AND REFILL SYSTEM.—The term 
‘reuse and refill system’ means a set of mechanisms 
relating to refillable or reusable covered products 
and beverage containers that is supported by ade-
quate infrastructure at the producer level, and ade-
quate and convenient availability and retail infra-
structure at the consumer level, to ensure that the 
covered products and beverage containers can be— 
‘‘(A) repeatedly recovered, inspected, re-
paired (if necessary), and reissued by producers 
into the supply chain for reuse or refill for mul-
tiple cycles; and 
‘‘(B) conveniently and safely reused or re-
filled by producers and consumers for multiple 
cycles. 
‘‘(28) SINGLE-USE.— 
‘‘(A) IN GENERAL.—The term ‘single-use’, 
with respect to a covered product or a beverage 
container, means that the covered product or 
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beverage container is routinely disposed of, re-
cycled, or otherwise discarded after 1 use. 
‘‘(B) EXCLUSIONS.—The term ‘single-use’, 
with respect to a covered product, does not in-
clude a covered product that is— 
‘‘(i) a medical food item, supplement, 
device, or other product determined by the 
Secretary of Health and Human Services 
necessarily to 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, as determined by Sec-
retary of Health and Human Services; 
‘‘(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 used for— 
‘‘(I) any product described in 
clause (i), (ii), or (iii); or 
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‘‘(II) the shipment of hazardous 
materials, and is prohibited from 
being composed of used materials 
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). 
‘‘(29) SOURCE REDUCTION.— 
‘‘(A) IN GENERAL.—The term ‘source re-
duction’ means a reduction in the quantity of 
covered products or beverage containers pro-
duced by a producer, as compared to a baseline 
established pursuant to section 12105(b), in-
cluding due to— 
‘‘(i) shifting to reusable or refillable 
packaging or food service product systems; 
or 
‘‘(ii) eliminating unnecessary pack-
aging. 
‘‘(B) EXCLUSIONS.—The term ‘source re-
duction’ does not include— 
‘‘(i) 
replacing 
recyclable 
or 
compostable single-use plastic packaging or 
food service products with— 
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‘‘(I) 
a 
nonrecyclable 
or 
noncompostable 
single-use 
plastic 
packaging or food service products; or 
‘‘(II) single-use plastic packaging 
or food service products that are less 
likely to be recycled or composted; or 
‘‘(ii) switching from virgin single-use 
plastic packaging or food service products 
to plastic post-consumer recycled material. 
‘‘(30) TOXIC SUBSTANCE.— 
‘‘(A) IN GENERAL.—The term ‘toxic sub-
stance’ means any substance, mixture, or com-
pound that— 
‘‘(i) may cause— 
‘‘(I) personal injury or disease to 
humans through ingestion, inhalation, 
or absorption through any body sur-
face; or 
‘‘(II) adverse impacts on the en-
vironment; and 
‘‘(ii) satisfies 1 or more of the condi-
tions described in subparagraph (B). 
‘‘(B) CONDITIONS.—The conditions re-
ferred to in subparagraph (A)(ii) are the fol-
lowing: 
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‘‘(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, 
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) The National Institute for Occu-
pational Safety and Health, the Occupa-
tional Safety and Health Administration, 
the National Toxicology Program, the Cen-
ters for Disease Control and Prevention, 
the Administrator of Health and Human 
Services, the National Institute for Envi-
ronmental Health Sciences, or the Envi-
ronmental Protection Agency has estab-
lished that the substance, mixture, or com-
pound poses an acute or chronic health 
hazard, including developmental, reproduc-
tive, or endocrine effects. 
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‘‘(iii) The National Institute for Occu-
pational Safety and Health or the Environ-
mental Protection Agency has recognized 
that the substance, mixture, or compound 
may increase the risk of developing a la-
tent disease. 
‘‘(iv) The substance, mixture, or com-
pound is— 
‘‘(I) 
a 
perfluoroalkyl 
or 
polyfluoroalkyl substance; 
‘‘(II) an orthophthalate; 
‘‘(III) a bisphenol compound (but 
not including an alkyl-substituted 
bisphenol 
compound 
generated 
through a xylenol-aldehyde process); 
‘‘(IV) a halogenated or nanoscale 
flame-retardant chemical; 
‘‘(V) 
UV 
328 
(2-(2H- 
benzotriazol-2-yl)-4,6-di-tert- 
pentylphenol); 
‘‘(VI) a chlorinated paraffin; 
‘‘(VII) listed as a persistent or-
ganic pollutant by the Stockholm Con-
vention on Persistent Organic Pollut-
ants; 
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‘‘(VIII) given an overall carcino-
genicity evaluation of Group 1, Group 
2A, or Group 2B by the International 
Agency for Research on Cancer; or 
‘‘(IX) listed as a toxic, poisonous, 
explosive, 
corrosive, 
flammable, 
ecotoxic, or infectious waste by the 
Basel Convention on the Control of 
Transboundary Movements of Haz-
ardous Wastes and Their Disposal, 
done at Basel, Switzerland, March 22, 
1989. 
‘‘(v) The substance, mixture, or com-
pound is a chemical or chemical class that, 
as determined by the Administrator, has 
been identified by a Federal agency, State 
agency, or international intergovernmental 
agency as being 1 or more of the following: 
‘‘(I) A carcinogen, mutagen, re-
productive toxicant, immunotoxicant, 
neurotoxicant, or endocrine disruptor. 
‘‘(II) A persistent bioaccumula-
tive. 
‘‘(III) A chemical or chemical 
class that may— 
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‘‘(aa) harm the normal de-
velopment of a fetus or child or 
cause other developmental tox-
icity in humans or wildlife; 
‘‘(bb) harm organs or cause 
other systemic toxicity; or 
‘‘(cc) have an adverse im-
pact on— 
‘‘(AA) air quality; 
‘‘(BB) ecology; 
‘‘(CC) soil quality; or 
‘‘(DD) water quality. 
‘‘(IV) A chemical or chemical 
class that has toxicity equivalent to 
the toxicity reflected in a criterion de-
scribed in any of subclauses (I) 
through (III). 
‘‘(31) UNITED
STATES.—The term ‘United 
States’, when used in a geographical sense, means 
all of the States. 
‘‘PART I—EXTENDED RESPONSIBILITY 
‘‘SEC. 12101. EXTENDED RESPONSIBILITY. 
‘‘(a) 
PARTICIPATION
IN
ORGANIZATION
RE-
QUIRED.— 
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‘‘(1) IN GENERAL.—Except as provided in sub-
section (b), effective beginning on February 1, 2025, 
each producer of a covered product or beverage con-
tainer that is sold, distributed, or imported into the 
United States shall— 
‘‘(A) participate as a member of 1 or more 
Organizations, based on category of covered 
products or beverage containers, for which a 
Plan is approved by the Administrator; and 
‘‘(B) 
pursuant 
to 
that 
participation, 
achieve the performance targets described in 
paragraph (2). 
‘‘(2) PERFORMANCE TARGETS.—The perform-
ance targets referred to in paragraph (1)(B) are the 
following, with respect to the covered products and 
beverage containers subject to the responsibility of 
the applicable producer: 
‘‘(A) All plastic covered products and bev-
erage containers have been subject to source re-
duction in accordance with section 12105. 
‘‘(B) Effective beginning on January 1, 
2033, all covered products and beverage con-
tainers are reusable, recyclable, or compostable. 
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ceding 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 producer of less than 1 ton of cov-
ered products or beverage containers in commerce 
each year. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) PROHIBITION.—Except as provided in sub-
section (b), it shall be unlawful for any producer to 
sell, use, or distribute any covered product or bev-
erage container in commerce except in compliance 
with this part. 
‘‘(2) CIVIL PENALTY.—A producer that violates 
paragraph (1) shall be subject to a fine— 
‘‘(A) for each violation; 
‘‘(B) for each day that a violation occurs; 
and 
‘‘(C) in an aggregate 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 container in violation of 
this part. 
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‘‘(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, subject to the con-
dition that any fine collected by a State pursuant to 
paragraph (2) shall be deposited in the Reduction 
and Litter Cleanup Trust Fund established by sec-
tion 12112(b). 
‘‘(d) CATEGORIES.—The Administrator, in consulta-
tion with Organizations, shall promulgate regulations to 
establish, for purposes of this part— 
‘‘(1) such categories of covered products as the 
Administrator determines to be appropriate; and 
‘‘(2) a single category for beverage containers. 
‘‘(e) INAPPLICABILITY OF ANTITRUST LAWS.—The 
antitrust laws (as defined in the first section of the Clay-
ton Act (15 U.S.C. 12)) shall not apply to a producer or 
Organization that carries out any activity in accordance 
with an approved Plan if the activity is necessary to de-
velop and implement the Plan. 
‘‘(f) REGULATIONS.—Not later than 1 year after the 
date of enactment of this subtitle, the Administrator shall 
promulgate such regulations as the Administrator deter-
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mines to be necessary to implement, administer, and en-
force this part, including methods and processes for— 
‘‘(1) collecting information necessary to ensure 
an accurate baseline under section 12105(b); and 
‘‘(2) determining compliance with the require-
ments of this part. 
‘‘SEC. 12102. PRODUCER RESPONSIBILITY ORGANIZATIONS. 
‘‘(a) PARTICIPATION.— 
‘‘(1) IN GENERAL.—For each category of cov-
ered products or beverage containers sold, distrib-
uted, or imported into the United States by a pro-
ducer, the producer shall establish a new, or join an 
existing, Producer Responsibility Organization. 
‘‘(2) MULTIPLE ORGANIZATIONS.—A producer 
may participate in— 
‘‘(A) more than 1 Organization, if each 
Organization is established for a different cat-
egory of covered products or beverage con-
tainers subject to the responsibility of the pro-
ducer; but 
‘‘(B)(i) only 1 national Organization with 
respect to each category of covered products; 
‘‘(ii) only 1 national Organization with re-
spect to beverage containers; and 
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‘‘(iii) only 1 regional Organization with re-
spect to beverage containers and each category 
of covered products for each region in which the 
beverage containers or covered products, respec-
tively, are sold. 
‘‘(3) NEW PRODUCERS.— 
‘‘(A) IN GENERAL.—A producer that com-
mences operation in the United States, or that 
produces a covered product or beverage con-
tainer that is new to the producer in the United 
States, after the date of approval of Organiza-
tions under subsection (b) shall establish a new, 
or join an existing, Organization for the appli-
cable category of covered products or beverage 
containers. 
‘‘(B) APPROVAL.—A new Organization es-
tablished pursuant to subparagraph (A) shall be 
approved or disapproved by the Administrator 
in accordance with subsection (b). 
‘‘(b) APPROVAL BY ADMINISTRATOR.— 
‘‘(1) IN
GENERAL.—The establishment of an 
Organization pursuant to subsection (a) shall be 
subject to the approval of the Administrator. 
‘‘(2) APPLICATION.—Not later than January 1, 
2025, the governing body of each Organization shall 
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submit to the Administrator an application describ-
ing the means by which the Organization meets the 
criteria described in paragraph (3). 
‘‘(3) CRITERIA.—The Administrator may ap-
prove the establishment of an Organization only if 
the Administrator determines that the Organiza-
tion— 
‘‘(A) has a governing board consisting of 
producers that represent the diversity of appli-
cable covered products or beverage containers, 
as applicable, in the market; and 
‘‘(B) demonstrates that the Organization 
has in effect adequate financial responsibility 
and financial controls, including fraud preven-
tion measures and an audit schedule, to ensure 
proper management of funds. 
‘‘(4) ADDITIONAL ORGANIZATIONS.—After Jan-
uary 1, 2035, on a determination by the Adminis-
trator that additional Organizations would be bene-
ficial in satisfying the requirements of this part, the 
Administrator may approve additional Organizations 
that meet the requirements of this subsection. 
‘‘(5) REVOCATION.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall revoke approval of an Organization under 
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this subsection if the Administrator determines 
that the Organization— 
‘‘(i) ceases to meet the requirements 
of this part, including the criteria de-
scribed in paragraph (3); or 
‘‘(ii) fails to implement and admin-
ister an approved Plan in a manner that 
effectuates the purposes of this part. 
‘‘(B) REPLACEMENT.—If the Adminis-
trator revokes approval of an Organization pur-
suant to subparagraph (A), the Administrator 
may approve 1 or more additional Organiza-
tions to carry out the responsibilities of the re-
voked Organization under this part for the ap-
plicable category of covered products or bev-
erage containers, subject to the criteria de-
scribed in paragraph (3). 
‘‘(c) DUTIES.—An Organization shall act as an 
agent, and on behalf, of each producer that is a member 
of the Organization to carry out the responsibilities of the 
producer under this part with respect to the applicable 
category of covered products or beverage containers. 
‘‘(d) COORDINATION.—If more than 1 Organization 
is established under subsection (a) with respect to a cat-
egory of covered products or beverage containers, the Ad-
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ministrator shall, as necessary, establish a process to re-
quire coordination among those Organizations. 
‘‘(e) NONPROFIT STATUS.—Each Organization shall 
be— 
‘‘(1) established and operated as an organiza-
tion described in section 501(c)(3) of the Internal 
Revenue Code of 1986; and 
‘‘(2) exempt from taxation under 501(a) of that 
Code. 
‘‘SEC. 12103. PRODUCT STEWARDSHIP PLANS. 
‘‘(a) IN GENERAL.—Not later than 180 days after 
the date on which an Organization is approved under sec-
tion 12102(b), the Organization shall develop and submit 
to the Administrator a Product Stewardship Plan, to-
gether with a budget, that describes the means by which 
the Organization will carry out the responsibilities of the 
Organization under this part. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Each Plan shall include, at 
a minimum— 
‘‘(A) contact information for the Organiza-
tion submitting the Plan; 
‘‘(B) a list of participating producers rep-
resented by the Organization, including indi-
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vidual contact information for each such pro-
ducer; 
‘‘(C) a description, together with objective 
and measurable criteria, to the maximum extent 
practicable, of— 
‘‘(i) each category of covered products 
or beverage containers covered by the Plan 
and the quantity (by number and weight) 
of each covered product or beverage con-
tainer in each category; 
‘‘(ii) the means by which the Organi-
zation will— 
‘‘(I) meet the criteria described 
in section 12102(b)(3); 
‘‘(II) in an economically efficient 
and practical manner, provide for the 
necessary infrastructure and viable re-
sponsible end markets based on the 
most-recent needs assessment under 
section 12107; and 
‘‘(III) use existing collection pro-
grams 
and 
reuse, 
recycling, 
composting, sorting, and processing 
infrastructure, to the maximum extent 
practicable; 
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‘‘(iii) a source reduction plan under 
section 12105(a); 
‘‘(iv) the means by which each appli-
cable type of covered product or beverage 
container will be collected to meet the per-
formance targets described in section 
12101(a)(2); 
‘‘(v) consumer education plans in ac-
cordance with section 12111; 
‘‘(vi) a customer service process, such 
as a process for answering customer ques-
tions and resolving issues; 
‘‘(vii) sound management practices for 
worker health and safety; 
‘‘(viii) the means by which partici-
pating producers will work with, improve, 
and 
fund 
existing 
reuse, 
recycling, 
composting, litter cleanup, sorting, and 
processing infrastructure; 
‘‘(ix) measures to mitigate fraud; and 
‘‘(x) the means by which participating 
producers will consult with the Federal 
Government, units of State and local gov-
ernment, and other stakeholders; 
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‘‘(D) subject to paragraph (2), a budget 
designed to fully fund the costs to carry out 
this part, including all costs associated with the 
implementation of the Plan, including— 
‘‘(i) reimbursing the Administrator for 
costs, as required; 
‘‘(ii) reimbursing members of an advi-
sory committee; 
‘‘(iii) administering the Organization; 
‘‘(iv) investments— 
‘‘(I) identified in the source re-
duction plan or needs assessment; 
‘‘(II) to develop sustainable re-
sponsible end markets for each cov-
ered product or beverage container 
category included in the Plan; or 
‘‘(III) otherwise necessary to 
meet the criteria described in section 
12102(b)(3); and 
‘‘(v) environmental mitigation activi-
ties; 
‘‘(E) a structure and schedule for fees paid 
by participating producers in accordance with 
section 12104, including the method of calcula-
tion of the fee and a description of the process 
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by which the Organization shall collect the fee 
from those producers; and 
‘‘(F) a closure or transfer plan to settle 
the affairs of the Organization that— 
‘‘(i) ensures that participating pro-
ducers will continue to meet the obligations 
of the producers in the event of— 
‘‘(I) dissolution of the Organiza-
tion; or 
‘‘(II) revocation of approval by 
the Administrator; and 
‘‘(ii) describes a process for notifying 
the Administrator, relevant advisory com-
mittees, and relevant contractors of such a 
dissolution or revocation. 
‘‘(2) LIMITATIONS ON BUDGET.—An Organiza-
tion may not expend any revenues collected by the 
Organization— 
‘‘(A) to pay a civil penalty; 
‘‘(B) to pay costs associated with litigation 
between or among producers, the Organization, 
or units of government; 
‘‘(C)(i) to provide compensation to a rep-
resentative of the Organization relating to the 
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passage, defeat, approval, or modification of 
proposed Federal, State, or local legislation; or 
‘‘(ii) for any paid advertisement during a 
30-day period occurring before or during a Fed-
eral, State, or local legislative session for the 
purposes of encouraging the passage, defeat, 
approval, or modification of proposed legisla-
tion; or 
‘‘(D) to support or invest in an excluded 
recycling technology described in subparagraph 
(B) of section 12001(20). 
‘‘(c) APPROVAL.—Not later than 90 days after the 
date of receipt of a Plan under subsection (a), the Admin-
istrator shall— 
‘‘(1) approve or disapprove the Plan; and 
‘‘(2) notify the applicable Organization of the 
determination of the Administrator under paragraph 
(1). 
‘‘(d) IMPLEMENTATION.—An Organization shall com-
mence implementing the Plan of the Organization on the 
later of— 
‘‘(1) the date that is 60 days after receiving a 
notification of approval of the Plan under subsection 
(c)(2); and 
‘‘(2) August 1, 2025. 
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‘‘(e) EXPIRATION.—A Plan— 
‘‘(1) shall expire on the date that is 5 years 
after the date on which the Plan is approved under 
subsection (c); and 
‘‘(2) may be renewed. 
‘‘(f) REVISIONS.—The Administrator may require a 
revision to a Plan before the expiration of the Plan under 
subsection (e)(1) if the Administrator determines that— 
‘‘(1) the performance targets described in sec-
tion 12101(a)(2) are not being met; or 
‘‘(2) a change in circumstances has occurred 
that warrants the revision. 
‘‘SEC. 12104. MEMBERSHIP FEES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Each Organization shall es-
tablish a fee for producers participating in the Orga-
nization (referred to in this section as ‘members’) to 
ensure that— 
‘‘(A) the requirements of this part are met; 
and 
‘‘(B) the Plan of the Organization is com-
pletely implemented. 
‘‘(2) SCHEDULE.—A fee under this subsection 
shall be assessed in accordance with a schedule de-
veloped by the applicable Organization under sub-
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section (c) to ensure that the budget of the Organi-
zation, as included in the Plan of the Organization, 
is fully funded. 
‘‘(3) PROHIBITION.—A fee under this sub-
section shall not be passed on to any consumer as 
a separate item on a receipt or invoice. 
‘‘(b) PAYMENT.—Each member of an Organization 
shall— 
‘‘(1) pay to the Organization the fee required 
under this section; and 
‘‘(2) on request, provide to the Organization 
records and other information necessary for the Or-
ganization to meet the requirements under this part. 
‘‘(c) FEE SCHEDULE.— 
‘‘(1) IN GENERAL.—A fee under this section 
shall be assessed in accordance with a fee schedule, 
which shall include the following: 
‘‘(A) Individual assessments imposed on a 
member due to unique characteristics of the 
covered products or beverage containers subject 
to the responsibility of the member, as de-
scribed in paragraph (2). 
‘‘(B) Any adjustments pursuant to sub-
section (d)(2). 
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‘‘(C) Reimbursement to the Administrator 
for costs. 
‘‘(D) Reimbursement to a relevant advisory 
committee. 
‘‘(E) Fees associated with environmental 
mitigation activities under section 12112. 
‘‘(F) The costs of administering the Orga-
nization, including the costs associated with 
staff and the development and implementation 
of the Plan. 
‘‘(2) FACTORS.—A fee schedule under para-
graph (1) shall be delineated by category of covered 
product or beverage container, based on the fol-
lowing factors: 
‘‘(A) The costs to ensure each category 
meets the requirements of this part, subject to 
the condition that a covered product or bev-
erage container that is easier and less expensive 
to reuse, recycle, or compost, or that is de-
signed to be recycled into a similar covered 
product, beverage container, or material that is 
easier to be composted, shall be subject to lower 
fees, including fees that reflect— 
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‘‘(i) costs to develop and sustain via-
ble responsible end markets for each cat-
egory; 
‘‘(ii) costs— 
‘‘(I) to collect, sort, avoid, or re-
move contamination; and 
‘‘(II) to aggregate and transport 
the covered product or beverage con-
tainer into defined streams to support 
viable responsible end markets for re-
manufacturing of the covered product 
or beverage container through— 
‘‘(aa) curbside collection; or 
‘‘(bb) other means; 
‘‘(iii) costs incurred by local govern-
ments or recycling service providers— 
‘‘(I) to process and transport 
covered products or beverage con-
tainers in a manner and quality suffi-
cient for acceptance by viable respon-
sible end markets, including costs to 
reduce or mitigate the rate of inbound 
contamination 
by 
noncertified, 
compostable products at composting 
facilities, which may vary by locality; 
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‘‘(II) to carry out waste stream 
sampling and reporting activities re-
quired under this part; and 
‘‘(III) to provide to ratepayers in-
formation relating to improving the 
preparation and sorting, as needed, of 
covered products or beverage con-
tainers; and 
‘‘(iv) other costs necessary to imple-
ment the Plan and achieve compliance with 
this part, including ensuring that imple-
mentation avoids or minimizes negative en-
vironmental or public health impacts on 
disadvantaged or low-income communities 
and rural areas. 
‘‘(B) If recycling or composting of a cov-
ered product or beverage container is made 
more difficult by the incorporation of 1 or more 
specific elements, including inks, labels, and ad-
hesives, that may be detrimental to recycling or 
composting (as determined in accordance with 
the design guide of the Association of Plastic 
Recyclers or another relevant industry associa-
tion or criteria established by the Adminis-
trator), the fee for that covered product or bev-
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erage container shall be sufficient to account 
for the increased cost to manage that covered 
product or beverage container. 
‘‘(C) The commodity value of the covered 
product or beverage container based on an inde-
pendent index or the reported commodity value 
of materials of equivalent quality to the covered 
product or beverage container. 
‘‘(D) Costs incurred by the Organization to 
assist members to meet the source reduction re-
quirements under section 12105. 
‘‘(d) ADJUSTMENTS.— 
‘‘(1) FEE.—The amount of a fee under sub-
section (a) shall be adjusted using malus fees or 
credits for members, based on any of the following, 
as applicable: 
‘‘(A) The percentage of post-consumer re-
cycled material in the covered products or bev-
erage containers subject to the responsibility of 
the member, in a manner that ensures that the 
percentage of post-consumer recycled material 
shall be validated through an independent third 
party approved by the Administrator in order to 
ensure that the percentage exceeds the min-
imum requirements for the covered product or 
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beverage container, subject to the condition that 
the recycled content shall not disrupt the poten-
tial for future recycling. 
‘‘(B) Standardization of packaging mate-
rials that simplifies the processing, marketing, 
sorting, and recycling or composting of covered 
products or beverage containers. 
‘‘(C) Any actions carried out by the mem-
ber to accelerate source reduction and invest in 
sustained and robust reuse and refill systems 
beyond the actions required under section 
12105. 
‘‘(D) Certified compostable covered prod-
ucts or beverage containers that do not contain 
toxic substances shall be subject to a reduced 
fee, as determined by the Organization. 
‘‘(2) SCHEDULE.—An Organization shall adjust 
the fee schedule under subsection (c)— 
‘‘(A) not less frequently than once each 
year; or 
‘‘(B) more frequently as necessary to meet 
the budget of the Organization, as described in 
the Plan. 
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‘‘SEC. 12105. SINGLE-USE PLASTIC SOURCE REDUCTION RE-
QUIREMENTS. 
‘‘(a) SOURCE REDUCTION TARGETS.—Each Organi-
zation shall develop and implement a source reduction 
plan to achieve the following targets for single-use plastic 
covered products and beverage containers: 
‘‘(1) Not later than January 1, 2032, a source 
reduction, as compared to the baseline of the Orga-
nization determined under subsection (b), of not less 
than— 
‘‘(A) 25 percent, by weight; and 
‘‘(B) 25 percent, by plastic component. 
‘‘(2) Not later than January 1, 2040, a source 
reduction, as compared to the baseline of the Orga-
nization determined under subsection (b), of not less 
than— 
‘‘(A) 40 percent, by weight; and 
‘‘(B) 40 percent, by plastic component. 
‘‘(3) Not later than January 1, 2050, a source 
reduction, as compared to the baseline of the Orga-
nization determined under subsection (b), of not less 
than— 
‘‘(A) 50 percent, by weight; and 
‘‘(B) 50 percent, by plastic component. 
‘‘(b) BASELINES.—Not later than January 1, 2026, 
the Administrator shall establish a baseline for purposes 
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of the source reduction requirements under subsection (a), 
taking into consideration the quantity of single-use plastic 
covered products and beverage containers (by weight and 
number of plastic components) sold, offered for sale, or 
distributed in the United States during calendar year 
2024. 
‘‘(c) DATA.—Together with any Plan, update or revi-
sion to a Plan, or annual report, each Organization shall 
submit to the Administrator the following data, 
disaggregated by participating producer, with respect to 
the period covered by the Plan, update, revision, or report: 
‘‘(1) The quantity of plastic covered products 
and beverage containers sold, offered for sale, or dis-
tributed in the United States, including the number 
of plastic components and weight of the plastic cov-
ered products and beverage containers. 
‘‘(2) The number of plastic components and 
weight of plastic covered products and beverage con-
tainers shifted to refillable or reusable packaging or 
food service products. 
‘‘(3) The number of plastic components and 
weight of plastic covered products and beverage con-
tainers eliminated. 
‘‘(4) The number of plastic components and 
weight of plastic covered products and beverage con-
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tainers shifted from plastic covered products or bev-
erage containers to nonplastic covered products or 
beverage containers. 
‘‘(5) The number of plastic components and 
weight of plastic covered products and beverage con-
tainers reduced through concentration, right-sizing, 
and shifting to bulk or large-format packaging that 
allows consumers to refill residential or commercial 
reusable containers. 
‘‘(d) EVALUATIONS.— 
‘‘(1) IN GENERAL.—Not later than December 
31, 2048, and not less frequently than once every 5 
years thereafter, the Administrator shall conduct an 
evaluation of plastic covered products and beverage 
containers subject to this section to determine 
whether actions to achieve greater source reductions 
are necessary. 
‘‘(2) REGULATIONS.—If the number of plastic 
components or weight of plastic covered products or 
beverage containers has increased during the period 
covered by an evaluation under paragraph (1), the 
Administrator shall promulgate regulations to re-
quire the applicable Organizations to increase rates 
of source reduction by— 
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‘‘(A) shifting plastic covered products or 
beverage containers to reusable or refillable 
packaging or food service products; or 
‘‘(B) eliminating plastic components. 
‘‘SEC. 12106. ADVISORY COMMITTEES. 
‘‘(a) ESTABLISHMENT.—The Administrator shall es-
tablish 1 or more advisory committees that reflect a range 
of interested and engaged stakeholders representing the 
entire supply chain of covered products and beverage con-
tainers, including— 
‘‘(1) collection service providers; 
‘‘(2) cleanup service providers; 
‘‘(3) recyclers; 
‘‘(4) composters; and 
‘‘(5) government entities. 
‘‘(b) COMPOSITION.— 
‘‘(1) IN GENERAL.—At a minimum, an advisory 
committee shall include representatives of— 
‘‘(A) producers, including trade associa-
tions; 
‘‘(B) States; 
‘‘(C) metropolitan areas, including— 
‘‘(i) small and large metropolitan 
areas; and 
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‘‘(ii) metropolitan areas located in 
urban and rural areas; 
‘‘(D) counties (or equivalent jurisdictions), 
including— 
‘‘(i) small and large counties; and 
‘‘(ii) urban and rural counties; 
‘‘(E) public sector recycling, composting, 
and solid waste industries for the applicable 
type of covered product or beverage container; 
‘‘(F) private sector recycling, composting, 
and solid waste industries for the applicable 
type of covered product or beverage container; 
‘‘(G) recycled feedstock users for the appli-
cable type of covered product or beverage con-
tainer; 
‘‘(H) environmental organizations; 
‘‘(I) environmental justice organizations; 
‘‘(J) disability advocates; 
‘‘(K) reuse and refill system experts or op-
erators; 
‘‘(L) Indian Tribes; and 
‘‘(M) environmental and human health sci-
entists. 
‘‘(2) REQUIREMENTS.— 
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‘‘(A) IN GENERAL.—Each individual serv-
ing on an advisory committee may represent 
only 1 category described in subparagraphs (A) 
through (M) of paragraph (1). 
‘‘(B) DISPROPORTIONATE
REPRESENTA-
TION.—The Administrator shall ensure that no 
category 
described 
in 
subparagraphs 
(A) 
through (M) of paragraph (1) has dispropor-
tionate representation on an advisory com-
mittee. 
‘‘(3) DATE OF APPOINTMENT.—The Adminis-
trator shall appoint all members to each advisory 
committee established under this section not later 
than July 1, 2025. 
‘‘(4) TERM.—The Administrator— 
‘‘(A) shall appoint the members of an advi-
sory committee for staggered 3-year terms; and 
‘‘(B) may reappoint such a member for 1 
or more additional terms. 
‘‘(5) CHAIRPERSON.—At the initial meeting of 
an advisory committee, the advisory committee shall 
elect a chairperson, who— 
‘‘(A) shall serve as chairperson for 1 year; 
and 
‘‘(B) may be reelected as chairperson. 
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‘‘(c) DUTIES.—An advisory committee shall— 
‘‘(1) oversee 1 or more Organizations assigned 
to the advisory committee by the Administrator; 
‘‘(2) review the Plan, and any revisions to the 
Plan, of each such Organization; 
‘‘(3) submit to the applicable Organization a re-
port describing the results of the review under para-
graph (2); and 
‘‘(4) submit to the applicable Organization and 
the Administrator any reports, recommendations, or 
objections of the advisory committee relating to a 
Plan, fee structure, or other activities of an Organi-
zation. 
‘‘(d) EXPENSES.— 
‘‘(1) IN
GENERAL.—Each Organization over-
seen by an advisory committee shall reimburse mem-
bers of the advisory committee who are representa-
tives of community groups, Indian Tribes, State and 
local governments, or nonprofit organizations for ex-
penses relating to participation on the advisory com-
mittee. 
‘‘(2) OTHER MEMBERS.—A member of an advi-
sory committee not described in paragraph (1) may 
be compensated by the applicable Organization for 
travel expenses as necessary to ensure the ability of 
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the member to participate on the advisory com-
mittee. 
‘‘(3) TRANSLATION SERVICES.—The Organiza-
tions overseen by an advisory committee shall be fi-
nancially responsible for providing to the advisory 
committee professional language interpretation for 
oral communications, and translation for written 
documents and notices, in any language spoken by 
more than 5 percent of the population residing with-
in a community served by the advisory committee. 
‘‘SEC. 12107. REDUCTION, REUSE, AND RECYCLING NEEDS 
ASSESSMENT. 
‘‘(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this subtitle, and not less frequently 
than once every 5 years thereafter, the Administrator shall 
select, and enter into a contract with, a qualified consult-
ant (as determined by the Administrator) under which the 
qualified consultant shall conduct a packaging reduction, 
reuse, and recycling needs assessment (referred to in this 
section as an ‘assessment’), in accordance with this sec-
tion— 
‘‘(1) to identify barriers to, and opportunities 
for, reducing, reusing, and recycling covered prod-
ucts and beverage containers; and 
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‘‘(2) to inform Plans and budgets of Organiza-
tions to support the Organizations in achieving com-
pliance with this part. 
‘‘(b) PROPOSALS.— 
‘‘(1) IN GENERAL.—Subject to applicable Fed-
eral competitive bidding requirements, the Adminis-
trator shall solicit from qualified consultants pro-
posals to enter into a contract with the Adminis-
trator to conduct each assessment. 
‘‘(2) REQUIREMENTS.—A proposal to enter into 
a contract under paragraph (1) shall include, with 
respect to the period covered by the proposed con-
tract, a description of the means by which the appli-
cable qualified consultant will conduct the assess-
ment with respect to each element described in sub-
section (c)(1). 
‘‘(3) FAILURE
TO
SELECT.—If the Adminis-
trator fails to select a qualified consultant to con-
duct an assessment, including due to a determina-
tion that no qualified consultant has submitted a 
proposal that meets the requirements of this sub-
section, by the applicable date described in sub-
section (a), the Administrator shall designate an ap-
propriate Federal department or agency to conduct 
the assessment. 
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‘‘(c) REQUIREMENTS.— 
‘‘(1) ELEMENTS.—Each assessment shall evalu-
ate, with respect to the period covered by the assess-
ment— 
‘‘(A) the current recycling, composting, 
and reuse rate for each type of covered product 
and beverage container; 
‘‘(B) the processing capacity, market con-
ditions, and opportunities for recyclable covered 
products and beverage containers nationally, re-
gionally, and locally; 
‘‘(C) funding needs and actions necessary 
to achieve the requirements of this part, includ-
ing payments to recyclers, market incentive 
payments, and other payments; 
‘‘(D) barriers affecting covered product 
and beverage container recycling access and 
availability, and necessary actions and invest-
ments to overcome those barriers; 
‘‘(E) the availability, or lack of availability, 
of markets for recycled covered products and 
beverage containers, the need to incentivize re-
cycled or composted materials market develop-
ment, and the associated investments and ac-
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tions required to ensure that covered products 
and beverage containers— 
‘‘(i) are recycled or composted; and 
‘‘(ii) have viable and sufficient respon-
sible end markets; 
‘‘(F) opportunities for, and barriers to, the 
creation of reuse and refill systems for covered 
products and beverage containers; 
‘‘(G) opportunities for the improvement of 
recycling of covered products and beverage con-
tainers, including the development of respon-
sible end markets for recycled covered products 
and beverage containers; 
‘‘(H) consumer education needs with re-
spect to source reduction, recycling, and reduc-
ing contamination in recycling and reuse and 
refill systems; 
‘‘(I) the needs associated with shifting 
packaging or food service products from a cov-
ered product category that is unlikely to develop 
sustained viable responsible end markets to a 
covered product category that has a viable re-
sponsible end market or is likely to develop a 
sustained viable responsible end market; 
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‘‘(J) funding required to implement the 
source reduction requirements under section 
12105, including investments needed— 
‘‘(i) to develop reuse and refill system 
infrastructure; and 
‘‘(ii) to provide to consumers conven-
ient access to that infrastructure to expand 
and market the use of reusable and refill-
able covered products and beverage con-
tainers; and 
‘‘(K) infrastructure and activities re-
quired— 
‘‘(i) to implement a source reduction 
plan under section 12105(a), including in-
vestments in reuse, refill, and composting 
infrastructure; 
‘‘(ii) 
to 
achieve 
recycling 
and 
composting rates for all covered products 
and beverage containers covered by the 
source reduction plan; and 
‘‘(iii) to ensure covered products and 
beverage containers are recyclable or 
compostable. 
‘‘(2) DEADLINES.—An assessment shall be sub-
mitted to the Administrator— 
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‘‘(A) for the initial assessment, not later 
than 2 years after the date of enactment of this 
subtitle; and 
‘‘(B) for each subsequent assessment, not 
later than 5 years after the date on which the 
previous assessment was submitted to the Ad-
ministrator. 
‘‘(3) COST.—The cost of an assessment shall be 
paid by the Organizations responsible for the cov-
ered products or beverage containers investigated as 
part of the assessment, in such amounts and in ac-
cordance with such procedures as the Administrator 
may establish, by regulation. 
‘‘(d) REPORTS.—Not later than 180 days after the 
date of receipt of an assessment, the Administrator shall 
submit to Congress and each affected Organization, and 
publish on the website of the Administrator, a report that 
contains— 
‘‘(1) a summary of the assessment; and 
‘‘(2) a copy of the assessment, including all 
data on which the assessment is based. 
‘‘SEC. 12108. NATIONAL BEVERAGE CONTAINER PROGRAM. 
‘‘(a) RESPONSIBILITIES OF PRODUCERS.— 
‘‘(1) IN GENERAL.—Each producer of beverage 
containers shall— 
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refuse to accept and pay a refund under para-
graph (1)(B) for a beverage container that the 
retailer did not sell. 
‘‘(E) OTHER
MEANS
OF
RETURN.—The 
Administrator may permit the establishment of 
convenience zones under which each retailer 
within a convenience zone shall be exempt from 
the requirements of this subsection if the Ad-
ministrator determines that the retailer— 
‘‘(i) is located within close proximity 
to a redemption center; and 
‘‘(ii) shares the cost of the operation 
of that redemption center with the applica-
ble producer. 
‘‘(c) APPLICABLE REFUND VALUE.— 
‘‘(1) IN GENERAL.—The refund value referred 
to in subsections (a) and (b) shall be established by 
the Administrator, subject to the condition that the 
value shall be not less than $0.10. 
‘‘(2) ADJUSTMENTS.—Beginning on the date 
that is 3 years after the date of enactment of this 
subtitle, the Administrator may— 
‘‘(A) increase the refund value under para-
graph (1) to account for— 
‘‘(i) inflation; and 
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‘‘(ii) other factors, such as a failure to 
meet performance targets described in sec-
tion 12105(a); or 
‘‘(B) decrease the refund value under para-
graph (1) to account for beverage containers 
that— 
‘‘(i) are specifically designed to be re-
usable or refillable; and 
‘‘(ii) have a high reuse and refill rate. 
‘‘(3) DISCRETIONARY INCREASES.—A producer 
of a beverage container, or a State, may require a 
refund value that is more than the applicable refund 
value established under this subsection. 
‘‘(d) LABELING.—Each producer of beverage con-
tainers sold in the United States shall ensure that the 
label of each such beverage container includes a standard-
ized, clearly visible description of the applicable refund 
value under this section. 
‘‘(e) RESPONSIBILITIES OF ORGANIZATIONS.— 
‘‘(1) COLLECTION AND STORAGE.—An Organi-
zation of producers of beverage containers shall fa-
cilitate the collection and storage of beverage con-
tainers that are returned to retailers under this sec-
tion by providing storage or other means to collect 
the beverage containers until collection for recycling, 
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such as reverse vending machines or other options 
that are convenient for consumers. 
‘‘(2) REDEMPTION CENTERS.— 
‘‘(A) IN
GENERAL.—An Organization of 
producers of beverage containers shall establish 
and operate redemption centers to accept bev-
erage containers from consumers. 
‘‘(B) REQUIREMENTS.—A redemption cen-
ter shall— 
‘‘(i) be staffed and available to the 
public— 
‘‘(I) each day, other than a Fed-
eral or local holiday; and 
‘‘(II) for not fewer than 10 hours 
each day; 
‘‘(ii) accept— 
‘‘(I) any beverage container; and 
‘‘(II) up to 350 beverage con-
tainers per person per day; and 
‘‘(iii) provide— 
‘‘(I) hand or automated counts 
conducted by staff of the redemption 
center; 
‘‘(II) a drop door for consumers 
to deposit containers of mixed bev-
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erage containers for staff of the re-
demption center to count, for which 
the redemption center may collect 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 to an entity that collects curbside recycling 
an amount equal to the applicable refund value 
under subsection (c) for beverage containers col-
lected by the entity based on weight or another 
measurement that approximates 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, before the date of en-
actment of this subtitle, a beverage container 
law the requirements of which are substantially 
similar to the requirements relating to beverage 
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containers under this part, as determined by 
the Administrator; and 
‘‘(B) enacts legislation after the date of en-
actment of this subtitle to update the law de-
scribed in subparagraph (A) to be consistent 
with the refund values under, and beverage con-
tainers 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 producer, retailer, or Organi-
zation shall be considered to be compliance with this 
section. 
‘‘(3) CONFORMITY.—Each eligible State is en-
couraged to negotiate with relevant Organizations 
with respect to updated features of the beverage con-
tainer-related laws of the eligible State, such as 
sharing new revenue from increased deposits. 
‘‘SEC. 12109. ELIMINATION OF TOXIC SUBSTANCES IN BEV-
ERAGE CONTAINERS AND POST-CONSUMER 
RECYCLED MATERIAL. 
‘‘(a) PROHIBITION.—Effective beginning on the date 
that is 2 years after the date of enactment of this subtitle, 
no retailer may sell, offer for sale, or distribute any single- 
use beverage container that— 
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‘‘(1) is composed wholly or partially of poly-
ethylene terephthalate; 
‘‘(2) is opaque or pigmented a color other than 
transparent blue or transparent green; 
‘‘(3) contains polyethylene glycol; or 
‘‘(4) contains a toxic substance. 
‘‘(b) REQUIREMENTS FOR CONTAINING RECYCLED 
CONTENT.—The Administrator shall require each pro-
ducer of plastic beverage containers to ensure that the 
plastic beverage containers are composed of— 
‘‘(1) by January 1, 2025, not less than 15 per-
cent post-consumer recycled material from United 
States sources; 
‘‘(2) by January 1, 2030, not less than 30 per-
cent post-consumer recycled material from United 
States sources; 
‘‘(3) by January 1, 2035, not less than 45 per-
cent post-consumer recycled material from United 
States sources; 
‘‘(4) by January 1, 2040, not less than 60 per-
cent post-consumer recycled material from United 
States sources; and 
‘‘(5) by such dates thereafter as the Adminis-
trator shall establish, such percentage of post-con-
sumer recycled material from United States sources 
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as the Administrator determines to be appropriate, 
by regulation. 
‘‘(c) PENALTY.— 
‘‘(1) IN GENERAL.—A retailer or producer that 
violates a prohibition under subsection (a) or (b), re-
spectively, shall be subject to a fine for each viola-
tion. 
‘‘(2) TREATMENT
OF
PRODUCT
LINES.—For 
purposes of this section, each product line of bev-
erage containers shall be considered to be a separate 
violation of this section if any beverage container in-
cluded in the product line is a beverage container de-
scribed in subsection (a). 
‘‘(3) MAXIMUM
AMOUNT.—The amount of a 
fine under this subsection shall be not more than 
$50,000 per violation. 
‘‘SEC. 12110. REPORTING AND AUDITING. 
‘‘(a) IN GENERAL.—Not less frequently than annu-
ally, each Organization shall prepare and publish on a 
publicly available website a report that includes— 
‘‘(1) with respect to the covered products or 
beverage containers sold or imported by any member 
of the Organization, a description of, at a min-
imum— 
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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— 
‘‘(i) the calendar year covered by the 
report; and 
‘‘(ii) each preceding calendar year; 
‘‘(B) management of those covered prod-
ucts or beverage containers, including recycling 
rates (by submaterial type), for— 
‘‘(i) the calendar year covered by the 
report; and 
‘‘(ii) each preceding calendar year; 
‘‘(C) data relating to the final destination 
and quantity of reclaimed covered products or 
beverage containers (by submaterial type), in-
cluding the form of any covered products or 
beverage containers exported; 
‘‘(D) contamination in the recycling stream 
of the covered products or beverage containers; 
‘‘(E) relevant collection service vendors 
and collection locations, including— 
‘‘(i) the geographical distribution of 
collection; 
‘‘(ii) the proximity of those vendors 
and locations to population centers; 
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‘‘(iii) hours of operation; 
‘‘(iv) actions taken to reduce barriers 
to collection by expanding curbside collec-
tion or facilitating drop-offs; and 
‘‘(v) frequency of collection avail-
ability; 
‘‘(F) progress made toward achieving com-
pliance with the requirements of this part, in-
cluding the quantity of covered products or bev-
erage containers that have been source-reduced 
through elimination or replacement by reusable 
covered products or beverage containers (by 
submaterial type and State), for— 
‘‘(i) the calendar year covered by the 
report; and 
‘‘(ii) each preceding calendar year for 
which a report under this subsection was 
prepared; and 
‘‘(G) additional efforts to reduce environ-
mental impacts, including greenhouse gas emis-
sions, at each lifecycle stage of the covered 
products or beverage containers; and 
‘‘(2) the budget of the Organization; 
‘‘(3) a description of any outreach and edu-
cation efforts under section 12111 conducted during 
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the calendar year covered by the report, including 
the results of those efforts; 
‘‘(4) a description of any customer service ef-
forts conducted during the calendar year covered by 
the report, including the results of those efforts; 
‘‘(5) the status of packaging innovation and de-
sign characteristics implemented to prevent littering, 
make covered products or beverage containers reus-
able or refillable, or reduce overall covered product 
and beverage container waste; and 
‘‘(6) any other information that the Adminis-
trator determines to be appropriate. 
‘‘(b) CONSISTENCY.—Organizations shall coordinate 
reporting under subsection (a), to the maximum extent 
practicable, to provide for consistency of information 
across a category of covered products or beverage con-
tainers. 
‘‘(c) AUDITS.—Not less frequently than once every 2 
years, the Administrator shall conduct an audit of— 
‘‘(1) collection and recycling of covered prod-
ucts and beverage containers under this part to pro-
vide an accounting of any collection or recycling ef-
forts that are not conducted by a producer or an Or-
ganization; and 
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‘‘(2) covered products and beverage containers 
of brand names found in litter to provide for an ac-
counting of covered products, beverage containers, 
and other litter that continues to create pollution. 
‘‘(d) REDUCTIONS IN STATE AND LOCAL TAXES.— 
Not later than February 1, 2027, 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 
units of State and local government for the manage-
ment and cleanup of covered products and beverage 
containers; and 
‘‘(2) any reductions in State or local taxes as 
a result of a reduction in costs described in para-
graph (1). 
‘‘SEC. 12111. PUBLIC OUTREACH AND EDUCATION. 
‘‘(a) IN GENERAL.—Each Organization shall conduct 
public outreach activities to provide to consumers edu-
cational and informational materials relating to the quan-
tity of covered products and beverage containers recycled, 
reducing the quantity of covered products and beverage 
containers discarded, and participating in reuse and refill 
systems, including, at a minimum— 
‘‘(1) proper end-of-life management of covered 
products and beverage containers; 
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‘‘(2) the location and availability of curbside 
and drop-off collection opportunities; 
‘‘(3) the location and availability of reuse and 
refill systems; 
‘‘(4) methods to prevent litter of covered prod-
ucts and beverage containers; and 
‘‘(5) reuse, recycling, and composting instruc-
tions that are— 
‘‘(A) consistent with the recycling and 
composting receptacle labeling requirements 
under section 12225; 
‘‘(B) consistent nationwide, except as nec-
essary to take into account differences among 
State and local laws; 
‘‘(C) easy to understand; and 
‘‘(D) easily accessible, including availability 
in multiple languages to reach a diverse ethnic 
population. 
‘‘(b) REQUIREMENTS.—The public outreach and edu-
cation activities under this section shall— 
‘‘(1) be designed to achieve the management 
goals for 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 other materials; 
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‘‘(2) use all available forms of media, including 
television, radio, print, electronic, and web-based 
media, to provide information directly to consumers, 
in multiple languages; 
‘‘(3) be coordinated with units of local govern-
ment to incorporate electronic, print, web-based, and 
social media elements that a local government may 
elect to use to provide education directly to resi-
dents; 
‘‘(4) be provided to producers for inclusion on 
packaging labels to inform consumers regarding 
methods to responsibly reuse, recycle, or dispose of 
the packaging; and 
‘‘(5) be coordinated with other Organizations, 
as applicable— 
‘‘(A) to avoid consumer confusion; and 
‘‘(B) to facilitate the consolidation of avail-
able resources. 
‘‘(c) ADDITIONAL EDUCATIONAL MATERIALS.—In 
addition to public outreach and education activities under 
this section, an Organization may provide to producers 
and retailers educational materials relating to the respon-
sible reduction, reuse, recycling, or composting of covered 
products and beverage containers through— 
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‘‘(1) printed materials, signage, and templates 
of materials that can be reproduced by retailers and 
provided to consumers at the time of purchase; and 
‘‘(2) advertising materials that promote and en-
courage the proper reuse, recycling, and disposal of 
covered products and beverage containers. 
‘‘SEC. 12112. REDUCTION AND LITTER CLEANUP TRUST 
FUND. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RESIN MAKER.—The term ‘resin maker’ 
means an entity that— 
‘‘(A) transforms petrochemical gas and liq-
uids into ethylene and propylene for later con-
version into plastic polymers; 
‘‘(B) transforms ethylene and propylene 
into any other chemical for later conversion into 
plastic polymers; or 
‘‘(C) polymerizes petrochemical feedstocks, 
including ethylene, ethylene glycol, terephthalic 
acid, propylene, vinyl chloride, styrene, phenol, 
formaldehyde, and acetonitrile, into polymers. 
‘‘(2) TRUST
FUND.—The term ‘Trust Fund’ 
means the Reduction and Litter Cleanup Trust 
Fund established by subsection (b). 
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‘‘(b) ESTABLISHMENT.—There is established in the 
Treasury of the United States a trust fund, to be known 
as the ‘Reduction and Litter Cleanup Trust Fund’, to be 
administered by the Administrator. 
‘‘(c) AMOUNTS.—The Trust Fund shall consist of 
such amounts as are deposited in the Trust Fund under 
subsection (d)(2). 
‘‘(d) FEES; DEPOSITS.— 
‘‘(1) FEES.— 
‘‘(A) IN
GENERAL.—In accordance with 
such formulas and procedures as the Adminis-
trator may establish, the Administrator, in con-
sultation with the Secretary of the Treasury, 
shall assess against— 
‘‘(i) each producer an annual fee 
based on the quantity of plastic covered 
products or beverage containers manufac-
tured, distributed, sold, or imported by the 
producer during the preceding calendar 
year; and 
‘‘(ii) each resin maker an annual fee 
based on the quantity of plastic resin or 
plastic resin feedstocks manufactured, dis-
tributed, sold, or imported by the resin 
maker during the preceding calendar year. 
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‘‘(B) METHOD OF PAYMENT.—A producer 
or resin maker may pay a fee assessed under 
subparagraph (A)— 
‘‘(i) individually; or 
‘‘(ii) through the applicable Organiza-
tion of which the producer or resin maker 
is a member. 
‘‘(2) DEPOSITS.—The following amounts shall 
be deposited in the Trust Fund: 
‘‘(A) An amount equal to the amounts col-
lected as fees under paragraph (1). 
‘‘(B) An amount equal to the amounts col-
lected as fines under sections 12101(c)(2), 
12109(c), 12113(c), and 12114(d). 
‘‘(C) Any late payments, interest, and such 
other amounts authorized to be collected pursu-
ant to section 3717 of title 31, United States 
Code, relating to a fee or fine described in sub-
paragraph (A) or (B). 
‘‘(e) AVAILABILITY.—Amounts in the Trust Fund 
shall— 
‘‘(1) only be available to the extent and in the 
amount provided in advance in appropriations Acts; 
‘‘(2) be used for the costs of carrying out this 
part, in accordance with subsection (f); and 
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‘‘(3) remain available until expended. 
‘‘(f) EXPENDITURES FROM TRUST FUND.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Administrator shall use amounts in the Trust 
Fund to make grants for activities relating to— 
‘‘(A) reuse and refill infrastructure; 
‘‘(B) litter cleanup; and 
‘‘(C) environmental remediation. 
‘‘(2) ALLOCATION.—Of the amounts in the 
Trust Fund, the Administrator shall ensure that, for 
each fiscal year— 
‘‘(A) not less than 40 percent is used for 
environmental remediation, of which not less 
than 50 percent shall be used to carry out 
projects that primarily benefit environmental 
justice communities; and 
‘‘(B) not less than 60 percent is used to 
mitigate historic and continued impacts on envi-
ronmental justice communities, of which not 
less than 75 percent shall be used to directly 
and primarily benefit environmental justice 
communities. 
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‘‘SEC. 
12113. 
PROHIBITION 
ON 
CERTAIN 
TOXIC 
SUB-
STANCES AND MATERIALS. 
‘‘(a) PROHIBITION.—Effective beginning on the date 
that is 4 years after the date of enactment of this subtitle, 
no producer may sell, offer for sale, or distribute in the 
United States— 
‘‘(1) any packaging that contains a toxic sub-
stance; or 
‘‘(2) any prohibited plastic packaging. 
‘‘(b) DESIGNATION OF NEW TOXIC SUBSTANCES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date on which the Administrator designates 
a substance, mixture, or compound as a toxic sub-
stance, the Administrator shall promulgate regula-
tions to prohibit that toxic substance in packaging. 
‘‘(2) EFFECTIVE DATE.—The effective date of 
regulations promulgated pursuant to paragraph (1) 
relating to a toxic substance shall be not later than 
2 years after the date of designation of the toxic 
substance under that paragraph. 
‘‘(c) PENALTY.— 
‘‘(1) IN
GENERAL.—A producer that violates 
this section shall be subject to a fine for each viola-
tion. 
‘‘(2) TREATMENT
OF
PRODUCT
LINES.—For 
purposes of this subsection, each product line sold, 
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‘‘(b) INVESTIGATIONS.—In an evaluation under sub-
section (a)(1), the Inspector General may, as the Inspector 
General determines to be appropriate— 
‘‘(1) conduct investigations, including by in-
specting operations, facilities, and records of— 
‘‘(A) an Organization; or 
‘‘(B) a producer participating in an Orga-
nization; and 
‘‘(2) audit an Organization or any participating 
producer. 
‘‘(c) NOTICE.—The Inspector General shall submit to 
each applicable Organization and producer, as applicable, 
a notice describing— 
‘‘(1) any relevant conduct or practice that does 
not comply with an applicable requirement of this 
part; and 
‘‘(2) any inconsistency identified as a result of 
an audit under subsection (b)(2). 
‘‘(d) PENALTY.— 
‘‘(1) IN GENERAL.—An Organization, and any 
producer, that violates an applicable requirement of 
this part shall be subject to a fine for each violation. 
‘‘(2) TREATMENT
OF
PRODUCT
LINES.—For 
purposes of this section, each product line sold, of-
fered for sale, or distributed to consumers by a pro-
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ducer shall be considered to be a separate violation 
of this part. 
‘‘(3) MAXIMUM
AMOUNT.—The amount of a 
fine under this subsection shall be not more than 
$100,000 per day for each violation. 
‘‘(e) CITIZEN SUITS.— 
‘‘(1) IN GENERAL.—In accordance with applica-
ble Federal law, subject to the provision to the re-
spondent of appropriate notice, any citizen of the 
United States may commence in a United States 
district court of competent jurisdiction an action 
against any individual or entity, a producer, an Or-
ganization, the Administrator, or the Inspector Gen-
eral to enforce this part. 
‘‘(2) ADMINISTRATOR AS INTERVENOR.—In any 
action filed pursuant to this subsection to which the 
Administrator is not a party, the Administrator may 
intervene as a matter of right. 
‘‘PART II—REDUCTION OF SINGLE-USE 
PRODUCTS 
‘‘Subpart A—Prohibitions on Single-use Plastic Bags 
and Polystyrene Foam Food Service Products; 
Accessories on Request 
‘‘SEC. 12201. DEFINITIONS. 
‘‘In this subpart: 
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‘‘(1) CARRYOUT BAG.— 
‘‘(A) IN
GENERAL.—The term ‘carryout 
bag’ means a bag provided to a customer by a 
retail establishment or food service business for 
the purpose of transporting groceries, a pre-
pared food, or a retail good. 
‘‘(B) EXCLUSIONS.—The term ‘carryout 
bag’ does not include— 
‘‘(i) a paper bag provided by a phar-
macy to a customer purchasing a prescrip-
tion medication; 
‘‘(ii) a bag without handles that is— 
‘‘(I) used to protect items from 
damaging or contaminating other pur-
chased items placed in a recycled 
paper bag or a reusable grocery bag; 
or 
‘‘(II) designed to be placed over 
articles of clothing on a hanger; 
‘‘(iii) a bag used solely to contain a 
live animal, such as a fish or insect sold at 
a pet store or bait shop; 
‘‘(iv) a newspaper bag; or 
‘‘(v) a bag provided to contain an un-
wrapped food item. 
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‘‘(2) FOOD SERVICE BUSINESS.— 
‘‘(A) IN GENERAL.—The term ‘food service 
business’ means a commercial entity that sells 
or provides food for consumption on or off the 
premises of the entity. 
‘‘(B) INCLUSIONS.—The term ‘food service 
business’ includes a restaurant, cafe´, deli-
catessen, coffee shop, convenience store, grocery 
store, vending truck or cart, food truck, movie 
theater, and business or institutional cafeteria, 
including such a business operated by, or on be-
half of, any governmental entity. 
‘‘(3) POLYSTYRENE FOAM FOOD SERVICE PROD-
UCT.— 
‘‘(A) IN GENERAL.—The term ‘polystyrene 
foam food service product’ means a food service 
product made wholly or partially of a material 
described in subparagraph (B). 
‘‘(B) DESCRIPTION OF MATERIAL.—A ma-
terial referred to in subparagraph (A) is blown 
polystyrene, and any expanded and extruded 
foam of that polystyrene, that is— 
‘‘(i) a thermoplastic petrochemical 
material made using a styrene monomer; 
and 
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‘‘(ii) processed by a technique such 
as— 
‘‘(I) fusion of polymer spheres 
(commonly known as ‘expandable bead 
polystyrene’); 
‘‘(II) injection molding; 
‘‘(III) foam molding; or 
‘‘(IV) 
extrusion-blow 
molding 
(commonly known as ‘extruded foam 
polystyrene’). 
‘‘(C) INCLUSIONS.—The term ‘polystyrene 
foam food service product’ includes a food con-
tainer, a plate, an egg carton, a hot or cold bev-
erage cup, a meat, fish, seafood, or vegetable 
tray, and cutlery. 
‘‘(4) PREPARED FOOD.— 
‘‘(A) IN
GENERAL.—The term ‘prepared 
food’ means a food or beverage that is serviced, 
packaged, cooked, chopped, sliced, mixed, 
brewed, frozen, squeezed, or otherwise prepared 
for an individual customer or consumer. 
‘‘(B) EXCLUSIONS.—The term ‘prepared 
food’ does not include— 
‘‘(i) a raw egg; 
‘‘(ii) butchered meat; 
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‘‘(iii) butchered fish or seafood; or 
‘‘(iv) butchered poultry. 
‘‘(5) RETAIL ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—The term ‘retail es-
tablishment’ means a store or premises at 
which a person is engaged in the business of 
selling or providing directly to customers at re-
tail pricing— 
‘‘(i) merchandise, goods, groceries, 
prepared food, or beverages, for consump-
tion off-premises; or 
‘‘(ii) the servicing of an item. 
‘‘(B) INCLUSIONS.—The term ‘retail estab-
lishment’ includes— 
‘‘(i) a grocery store; 
‘‘(ii) a department store; 
‘‘(iii) a pharmacy; 
‘‘(iv) a convenience store; 
‘‘(v) a restaurant; 
‘‘(vi) a coffee shop; 
‘‘(vii) a seasonal or temporary busi-
ness, including a farmers’ market and a 
public market; 
‘‘(viii) a food truck or other motor ve-
hicle, mobile canteen, trailer, market push-
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cart, or moveable roadside stand used by a 
person from which to engage in selling or 
providing described in subparagraph (A) 
directly with customers, without a store-
front, including a business delivering pre-
pared foods or other food items, a web- 
based or catalog business, and a delivery 
service used by a retail establishment; and 
‘‘(ix) a nonprofit organization, char-
ity, or religious institution that— 
‘‘(I) has a retail establishment; 
and 
‘‘(II) holds itself out to the public 
as engaging in retail activities that 
are characteristic of similar type retail 
businesses, regardless of whether such 
an activity is carried out on a for- 
profit basis. 
‘‘(6) REUSABLE.—The term ‘reusable’, with re-
spect to a carryout bag, means that the carryout bag 
is— 
‘‘(A) a sewn bag with stitched handles; 
‘‘(B) made of cloth or another machine- 
washable fabric, other than polyethylene or pol-
yvinyl chloride; 
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‘‘(C) specifically designed and manufac-
tured for not fewer than 175 uses; and 
‘‘(D) capable of carrying contents weighing 
25 pounds or more for a distance of 300 feet 
or more. 
‘‘(7) SINGLE-USE PAPER BAG.—The term ‘sin-
gle-use paper bag’ means a paper bag that— 
‘‘(A) is 100-percent recyclable; 
‘‘(B) contains— 
‘‘(i) for a paper bag weighing 8 
pounds or less, not less than 20 percent 
post-consumer recycled material; and 
‘‘(ii) for a paper bag weighing more 
than 8 pounds, not less than 40 percent 
post-consumer recycled material; and 
‘‘(C) displays, in a visible manner on the 
outside of the paper bag— 
‘‘(i) the word ‘Recyclable’; and 
‘‘(ii) the phrase ‘Made from lll 
percent post-consumer recycled material’, 
the blank space being filled in with the ap-
propriate percentage of post-consumer re-
cycled material contained in the paper bag. 
‘‘(8) SINGLE-USE
PLASTIC
BAG.—The term 
‘single-use plastic bag’ means a carryout bag that— 
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‘‘(A) is made of plastic; and 
‘‘(B) is not reusable. 
‘‘SEC. 12202. BAG REQUIREMENTS. 
‘‘(a) BAN ON SINGLE-USE PLASTIC BAGS.—Effective 
beginning on the date that is 1 year after the date of en-
actment of this subtitle, no retail establishment or food 
service business shall provide or sell to a customer any 
single-use plastic bag. 
‘‘(b) REUSABLE CARRYOUT BAGS AND SINGLE-USE 
PAPER BAGS.— 
‘‘(1) IN GENERAL.—Effective beginning on the 
date that is 1 year after the date of enactment of 
this subtitle, a retail establishment or food service 
business may make available for purchase at the 
point of sale only, as applicable— 
‘‘(A) reusable carryout bags; or 
‘‘(B) single-use paper bags. 
‘‘(2) MINIMUM PRICE.—The price of a reusable 
carryout bag or single-use paper bag sold under 
paragraph (1) shall be not less than $0.10. 
‘‘(3) RETENTION OF FUNDS.—Any funds col-
lected under this subsection for the sale of a reus-
able carryout bag or single-use paper bag shall be 
retained by the applicable retail establishment or 
food service business. 
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‘‘SEC. 12203. FOOD SERVICE PRODUCTS. 
‘‘(a) POLYSTYRENE FOAM FOOD SERVICE PROD-
UCTS.— 
‘‘(1) PROHIBITIONS.—Except as provided in 
paragraphs (2) and (3), effective beginning on the 
date that is 18 months after the date of enactment 
of this subtitle— 
‘‘(A) no person shall sell or offer for sale 
any polystyrene foam food service product; and 
‘‘(B) no food service business shall provide 
or sell any food in a polystyrene foam food serv-
ice product. 
‘‘(2) EXCEPTIONS.—For the 2-year period be-
ginning on the effective date described in paragraph 
(1), the following products shall be exempt from the 
prohibitions under that paragraph: 
‘‘(A) Meat and fish trays for raw or butch-
ered meat, including poultry or fish that is sold 
from a refrigerator or similar appliance. 
‘‘(B) Produce prepackaged by the producer 
with a polystyrene foam food service product. 
‘‘(3) WAIVER.— 
‘‘(A) APPLICATIONS.—To be eligible for a 
waiver of a prohibition under paragraph (1), a 
person or food service business shall submit to 
the Administrator an application at such time, 
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in such manner, and containing such informa-
tion as the Administrator may require. 
‘‘(B) APPROVAL.—The Administrator may 
approve an application under subparagraph (A), 
and provide to the applicant the waiver re-
quested in the application, if the Administrator 
determines that— 
‘‘(i) there is no feasible, commercially 
available alternative for a specific poly-
styrene foam food service product; or 
‘‘(ii)(I) the gross annual income of the 
applicant for the calendar year preceding 
the year during which the application is 
submitted is less than $500,000; and 
‘‘(II) there is no reasonably afford-
able, commercially available alternative to 
the polystyrene foam food service product. 
‘‘(C) TERM.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), a waiver provided under this para-
graph may be in effect for a period of not 
longer than 1 year. 
‘‘(ii) EXTENSIONS.—On receipt of a 
written application, the Administrator may 
extend a waiver provided under this para-
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100 
graph for additional periods, each of which 
is not longer than 1 year. 
‘‘(b) PLASTIC UTENSILS, STIRRERS, SPLASH STICKS, 
COCKTAIL STICKS, AND SANDWICH STICKS.—Effective 
beginning on the date that is 18 months after the date 
of enactment of this subtitle— 
‘‘(1) no person shall sell, offer for sale, provide, 
or distribute any plastic utensil (including forks, 
knives, spoons, sporks, and chopsticks), stirrer, 
splash stick, cocktail stick, sandwich stick, or tooth-
pick; and 
‘‘(2) no food service business shall provide, dis-
tribute, or sell any plastic utensil (including forks, 
knives, spoons, sporks, and chopsticks), stirrer, 
splash stick, cocktail stick, sandwich stick, or tooth-
pick. 
‘‘(c) FOOD SERVICE ACCESSORIES ON REQUEST.— 
‘‘(1) DEFINITION
OF
FOOD
SERVICE
ACCES-
SORY.—In this subsection, the term ‘food service ac-
cessory’ means any item or accessory that typically 
accompanies a food product provided by a food serv-
ice business, including— 
‘‘(A) a product used for serving, con-
suming, or packaging a food or beverage pre-
pared by a food service business, including a 
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101 
cup, bowl, plate, tray, carton, box, wrapper or 
liner, hinged or lidded container (commonly 
known as a ‘clamshell’), and napkin; 
‘‘(B) a condiment cup or packet; 
‘‘(C) a cup sleeve, top, lid, or spill plug; 
and 
‘‘(D) any other similar accompanying item 
used as part of a food service business. 
‘‘(2) REQUEST REQUIRED.—Effective beginning 
on the date that is 1 year after the date of enact-
ment of this subtitle, a food service business may 
only provide to a customer a food service accessory 
for dining onsite, or for a take-out or delivery order, 
on request of the customer. 
‘‘(3) CONDIMENTS.—Effective beginning on the 
date that is 1 year after the date of enactment of 
this subtitle, any condiment provided for consump-
tion on the premises of a food service business shall 
be served from— 
‘‘(A) a reusable container; or 
‘‘(B) a bulk dispenser. 
‘‘(4) PORTIONING.—Effective beginning on the 
date that is 1 year after the date of enactment of 
this subtitle, a food service accessory or condiment— 
‘‘(A) shall not be— 
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102 
‘‘(i) bundled; or 
‘‘(ii) individually wrapped; and 
‘‘(B) shall be dispensed using a dispenser 
that provides not more than 1 food service ac-
cessory or condiment item at a time to ensure 
customers receive only the quantity needed. 
‘‘(5) TAKE-OUT FOOD AND DELIVERY ORDER-
ING PLATFORMS.—Effective beginning on the date 
that is 1 year after the date of enactment of this 
subtitle, each take-out food and delivery ordering 
platform shall provide— 
‘‘(A) to food service businesses a method 
to customize the menus of the food service busi-
nesses to include a description of the food serv-
ice accessories and condiments offered for take- 
out and delivery orders from the food service 
business; and 
‘‘(B) to customers the option to request 
specific food service accessories and condiments 
for inclusion in an order placed on the platform. 
‘‘(6) TRAVEL.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other requirement of this section, a food service 
business described in subparagraph (B) may 
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103 
ask a customer if the customer desires or re-
quires a food service accessory— 
‘‘(i) to consume or transport ready-to- 
consume food; or 
‘‘(ii) to prevent food from spilling. 
‘‘(B) DESCRIPTION
OF
FOOD
SERVICE 
BUSINESS.—A food service business referred to 
in subparagraph (A) is a food service business 
that— 
‘‘(i) is located entirely within a public 
use airport (as defined in section 77.3 of 
title 14, Code of Federal Regulations (or a 
successor regulation)); or 
‘‘(ii) provides food products wholly or 
partially through the use of a drive- 
through facility. 
‘‘(d) EFFECT OF SECTION.—Nothing in this sec-
tion— 
‘‘(1) restricts the ability of a food service busi-
ness to provide a single-use plastic straw or single- 
serve condiment packet to an individual that re-
quests such a straw or packet due to a disability or 
other medical or physical condition or circumstance; 
or 
‘‘(2) prohibits a retail establishment from— 
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104 
‘‘(A) selling packages of single-use plastic 
straws to customers; or 
‘‘(B) providing or selling a beverage pre-
packaged by the manufacturer with a single-use 
plastic straw, including a juice box. 
‘‘SEC. 12204. VIOLATIONS; ENFORCEMENT. 
‘‘(a) VIOLATIONS.— 
‘‘(1) IN GENERAL.—Any person that violates an 
applicable provision of this subpart (including regu-
lations), shall be subject to— 
‘‘(A) a warning for the initial violation; 
‘‘(B) a fine in an amount equal to not 
more than $1,000 for the second violation; and 
‘‘(C) a fine in an amount equal to not 
more than $5,000 for a third or subsequent vio-
lation. 
‘‘(2) TREATMENT.—If a violation described in 
paragraph (1) is of a continuing nature, each day 
during which the violation continues shall be consid-
ered to be an additional, separate, and distinct viola-
tion for purposes of this subsection. 
‘‘(3) PAYMENT
TO
ADMINISTRATOR.—A fine 
collected pursuant to this subsection shall be remit-
ted to the Administrator. 
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105 
‘‘(b) ENFORCEMENT.—Subject to subsection (a)(3), 
the Administrator or an affected local government may en-
force this subpart. 
‘‘SEC. 12205. EDUCATION AND OUTREACH. 
‘‘Not later than 120 days after the date of enactment 
of this subtitle, the Administrator shall— 
‘‘(1) establish a program to assist persons in 
achieving compliance with this subpart, including 
by— 
‘‘(A) developing and publishing on a public 
website guidance relating to that compliance; 
and 
‘‘(B) establishing an online clearinghouse 
of vendors that provide environmentally sound 
alternatives to single-use plastic bags, single-use 
paper bags, polystyrene foam food service prod-
ucts, and single-use plastic straws; and 
‘‘(2) in cooperation with local governments, en-
vironmental organizations, and the business commu-
nity, develop and implement a public information 
and education program with respect to this subpart, 
including— 
‘‘(A) educational materials; 
‘‘(B) public service announcements; and 
‘‘(C) the distribution of— 
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106 
‘‘(i) free, reusable carryout bags; and 
‘‘(ii) information relating to the envi-
ronmental harms associated with single-use 
plastic bags. 
‘‘SEC. 12206. RULEMAKING. 
‘‘The Administrator shall promulgate such regula-
tions as the Administrator determines to be necessary to 
carry out this subpart. 
‘‘Subpart B—Prohibition on Other Single-use 
Products 
‘‘SEC. 12211. DEFINITIONS. 
‘‘In this subpart: 
‘‘(1) BLACK PLASTIC.—The term ‘black plastic’ 
means any plastic with a black plastic resin code 1 
through 7. 
‘‘(2) DISPOSABLE FOOD SERVICE WARE.— 
‘‘(A) IN GENERAL.—The term ‘disposable 
food service ware’ means a single-use or dispos-
able product for heating, storing, packaging, 
serving, consuming, or transporting a prepared 
or ready-to-consume food or beverage. 
‘‘(B) INCLUSIONS.—The term ‘disposable 
food service ware’ includes— 
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107 
‘‘(i) a bowl, plate, tray, carton, cup, 
lid, hinged or lidded container, spoon, fork, 
and knife; 
‘‘(ii) any container used by a food es-
tablishment to heat, cook, or store a food 
or beverage prior to serving, regardless of 
whether the container is used to serve the 
food or beverage; and 
‘‘(iii) any item described in clause (i) 
or (ii) that is sold by a retail establishment 
to a consumer for personal use. 
‘‘(3) FOOD ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—The term ‘food estab-
lishment’ means an operation that serves, 
vends, or otherwise provides a food product to 
a third party for consumption or use on or off 
the premises of the operation, regardless of 
whether a fee is charged for the food product. 
‘‘(B) INCLUSION.—The term ‘food estab-
lishment’ includes any facility the operation of 
which requires a food service permit in accord-
ance with applicable Federal or State law (in-
cluding regulations). 
‘‘(C) EXCLUSION.—The term ‘food estab-
lishment’ does not include a home or other pri-
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108 
vate setting in which a food product is provided 
as described in subparagraph (A). 
‘‘(4) PERSONAL
CARE
PRODUCT.—The term 
‘personal care product’ includes— 
‘‘(A) shampoo; 
‘‘(B) hair conditioner; 
‘‘(C) bath soap; 
‘‘(D) shower gel; 
‘‘(E) lotion; and 
‘‘(F) hand soap. 
‘‘(5) PREPARED
FOOD.—The term ‘prepared 
food’ has the meaning given the term in section 
12201. 
‘‘(6) RETAIL ESTABLISHMENT.—The term ‘re-
tail establishment’ has the meaning given the term 
in section 12201. 
‘‘SEC. 
12212. 
PROHIBITION 
ON 
CERTAIN 
TRAVEL 
TOILETRIES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) LODGING ESTABLISHMENT.— 
‘‘(A) IN GENERAL.—The term ‘lodging es-
tablishment’ means an establishment that con-
tains 1 or more sleeping room accommodations 
that are rented or otherwise provided to the 
public. 
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109 
‘‘(B) INCLUSIONS.—The term ‘lodging es-
tablishment’ includes— 
‘‘(i) a hotel; 
‘‘(ii) a motel; 
‘‘(iii) a resort; 
‘‘(iv) a bed and breakfast; 
‘‘(v) an inn; and 
‘‘(vi) a vacation rental. 
‘‘(C) EXCLUSIONS.—The term ‘lodging es-
tablishment’ does not include— 
‘‘(i) a hospital; 
‘‘(ii) a nursing home; 
‘‘(iii) a residential retirement commu-
nity; 
‘‘(iv) a prison or jail; 
‘‘(v) a homeless shelter; 
‘‘(vi) a boarding school; 
‘‘(vii) a unit of worker housing; 
‘‘(viii) a long-term rental; or 
‘‘(ix) a house, apartment, or other liv-
able space at which the individual pro-
viding a sleeping accommodation as de-
scribed in subparagraph (A) is a perma-
nent resident who lives on the premises. 
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110 
‘‘(2) SMALL
PLASTIC
BOTTLE.—The term 
‘small plastic bottle’ means a plastic bottle or con-
tainer that— 
‘‘(A) has a capacity of less than 6 ounces; 
and 
‘‘(B) is intended to be nonreusable by the 
end user. 
‘‘(b) PROHIBITION.— 
‘‘(1) IN GENERAL.—Subject to subsection (c), 
effective beginning on the applicable date described 
in paragraph (2), a lodging establishment shall not 
provide any small plastic bottle containing a per-
sonal care product— 
‘‘(A) to any individual staying in a sleeping 
room accommodation of the lodging establish-
ment; 
‘‘(B) in any space within a sleeping room 
accommodation of the lodging establishment; or 
‘‘(C) in any bathroom of the lodging estab-
lishment that is shared by— 
‘‘(i) the public; or 
‘‘(ii) guests of the lodging establish-
ment. 
‘‘(2) EFFECTIVE DATE.—The date referred to 
in paragraph (1) is— 
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111 
‘‘(A) for a lodging establishment with more 
than 50 rooms, the date that is 180 days after 
the later of— 
‘‘(i) the date of enactment of this sub-
title; and 
‘‘(ii) the date on which the lodging es-
tablishment commences operation; and 
‘‘(B) for a lodging establishment with 50 
or fewer rooms, the date that is 1 year after the 
later of— 
‘‘(i) the date of enactment of this sub-
title; and 
‘‘(ii) the date on which the lodging es-
tablishment commences operation. 
‘‘(c) 
PATRON
REQUEST.—Notwithstanding 
sub-
section (b), a lodging establishment may provide to an in-
dividual, on request of the individual, a personal care 
product in a small plastic bottle at no cost at a place other 
than a place described in subsection (b)(1). 
‘‘(d) VIOLATIONS.— 
‘‘(1) IN GENERAL.—An agency of a local gov-
ernment with authority to inspect sleeping room ac-
commodations in a lodging establishment may issue 
a citation for any violation of subsection (b). 
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112 
‘‘(2) WRITTEN WARNING.—For an initial viola-
tion of the prohibition under subsection (b), an 
agency described in paragraph (1) shall issue to the 
applicable lodging establishment a written warning 
that includes— 
‘‘(A) a description of the violation; and 
‘‘(B) a notice that any subsequent violation 
may result in a fine as described in paragraph 
(3). 
‘‘(3) SUBSEQUENT VIOLATIONS.—On a second 
or subsequent violation of the prohibition under sub-
section (b), an agency described in paragraph (1) 
may assess against the applicable lodging establish-
ment a fine in an amount equal to— 
‘‘(A) not more than $500 for each day of 
the violation; and 
‘‘(B) not more than a total of $2,000 in 
any calendar year. 
‘‘(4) PAYMENT
TO
ADMINISTRATOR.—A fine 
collected pursuant to this subsection shall be remit-
ted to the Administrator. 
‘‘(e) SENSE
OF CONGRESS REGARDING USE
OF 
BULK DISPENSERS BY LODGING ESTABLISHMENTS.—It 
is the sense of Congress that lodging establishments are 
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