CAP Act of 2024

In this section:

The term accreditation means a determination by a recognized accreditation that a third-party certification body meets the applicable requirements for verifying compostable material.

The term accreditation body means a person that performs accreditation of third-party certification bodies.

The term accredited third-party certification body means a third-party certification body that a recognized accreditation body has determined meets the applicable requirements and is accredited to evaluate, develop, and authorize compostable claims and instructions for consumer product packaging.

The term claim means any statement or representation on labeling that is conveyed through any means, including through writing, symbols, marks, graphics, or electronic or digital links, except that a claim shall not include any instructions regarding how to compost packaging.

The term compostable means the packaging will break down into, or otherwise become part of, usable compost (e.g., soil-conditioning material, mulch) in an appropriate industrial composting facility, or in a home compost pile or device, within a reasonable and specified period of time.

The term consumer product means any tangible product which is sold, offered for sale, or distributed in the United States, or intended to be sold, offered for sale, or distributed in the United States, to a person that is an individual consumer, which is normally used or consumed by an individual consumer, including, but not limited to, for personal, recreational, educational, family, household, or personal property maintenance or care purposes, and shall include products that are ordinarily available for purchase by individual consumers.

The term label means a display of written, printed, or graphic matter upon, or attached to, packaging.

The term labeling means all labels and other written, printed, or graphic matter accompanying such packaging at any time or to which reference is made on the label or in literature accompanying the packaging.

The term packaging means any material that is used for the containment, protection, handling, delivery, and presentation of a tangible product, including food, that is sold, offered for sale, or distributed in the United States.

The term person means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.

The term recognized accreditation body means an accreditation body that the Secretary has determined meets the applicable requirements and is authorized to accredit third-party certification bodies.

The term third-party certification body means a person that is eligible to be considered for accreditation to evaluate, develop and authorize compostable claims and instructions for consumer product packaging.

No later than 18 months after the adoption of this section, the Director shall—

(i) establish a system for the recognition of accreditation bodies and begin accepting applications from accreditation bodies; and

(ii) promulgate regulations to establish model accreditation criteria for recognized accreditation bodies to use in accrediting third-party certification bodies who shall evaluate, develop and authorize compostable claims and instructions for consumer product food packaging.

The Director shall act on an application from an accreditation body within 120 days after receipt of the accreditation body’s application by denying the application or recognizing the accreditation body.

The Secretary shall have no authority to collect fees as part of the application process for accreditation bodies.

Recognition of accreditation, once granted, shall not lapse unless the recognized accreditation body voluntarily ceases to accredit third-party certification bodies or the recognition of accreditation is revoked under this section.

Denial of an accreditation body’s application by the Director shall constitute a final agency action that may be challenged in the United States District Courts.

If, by the date that is 4 years after the adoption of Compostable Agriculture Packaging Act of 2024, the Director has not identified and recognized an accreditation body, the Secretary may directly accredit third-party certification bodies.

The Secretary shall publish a list of recognized accreditation bodies on the Environmental Protection Agency’s website.

Recognized accreditation bodies shall provide a list of accredited third-party certification bodies to the Secretary and the Secretary shall publish a list of accredited third-party certification bodies.

A recognized accreditation body shall not be owned, managed, or controlled by any person that owns or operates an accredited third-party certification body.

A compostable claim for consumer product packaging, and instructions for how to compost consumer product packaging, may be used only if authorized by an accredited third-party certification body that a recognized accreditation body has determined meets the model accreditation criteria developed by the Director.

The Secretary shall promulgate regulations to establish model accreditation criteria for—

(I) the use of compostable claims for consumer product packaging that are not false or misleading, and in so doing shall—

(aa) work with the Federal Trade Commission and coordinating on issues relating to the use of compostable claims for consumer product packaging that are not false or misleading;

(bb) incorporate prominent standards in place on the date of the enactment of this Act and that relate to use of compostable claims for consumer product packaging;

(cc) consider different types of consumer product packaging materials;

(dd) consider different colors, shapes, and sizes of consumer product packaging materials;

(ee) consider the use of different methods, including any existing, emerging, or future technologies, in authorizing a range of disclosure options for claims that consumer product packaging is compostable; and

(ff) have no authority to require, compel, or otherwise mandate a person to make a claim that consumer product packaging is compostable.

(II) use of acceptable labeling instructions for how to compost consumer product packaging that are clear and readily understandable, and in so doing shall—

(aa) incorporate prominent standards in place on the date of the enactment of this act and that relate to use of labeling instructions for how to compost consumer product packaging;

(bb) consider different types of consumer product packaging materials;

(cc) consider different colors, shapes, and sizes of consumer product packaging materials;

(dd) provide for the use of different methods, including any existing, emerging, or future technologies, in authorizing a range of disclosure options for instructions for how to compost product packaging; and

(ee) have no authority to require, compel, or otherwise mandate a person to include instructions for how to compost consumer product packaging.

Prior to accrediting a third-party certification body, a recognized accreditation body may perform such reviews of the internal systems and undertake other investigations of the third-party certification body to determine whether each accredited third-party certification body has the systems in place to ensure the model accreditation standards are met when the accredited third-party certification body evaluates, develops, and authorizes compostable claims and instructions for consumer product packaging.

Any regulations or requirements imposed under this section shall not apply to non-consumer product packaging except that compostable claims for non-consumer product packaging are subject to other provisions of the law.

Following the recognition of an accreditation body, or the accreditation of a third-party certification body by a recognized accreditation body, the Secretary may, at any time, request the recognized accreditation body or any accredited third-party certification body to provide records and other documents for purposes of determining compliance with the model accreditation criteria established under law.

The Secretary may revoke the recognition of any accreditation body found to have knowingly and intentionally accredited a third-party certification body that is not in compliance with the model accreditation criteria.

Packaging that is not eligible to bear a compostable claim shall not bear a Resin Identification Code (RIC) that is surrounded by 3 chasing, triangulated arrows, except that such packaging may bear a RIC that is surrounded by an equilateral triangle, consistent with ASTM International Standard D7611/D7611M–19.

Packaging is misbranded if it knowingly and intentionally—

(A) bears a compostable claim that is false or misleading; or

(B) is consumer product packaging that does not conform to the requirements, including any regulations established by the Secretary, under this section.

The Secretary shall only have the authorities specified in this section to enforce violations of this subtitle, including the lack of any authority to recall any products, or to assess criminal penalties or seek imprisonment, on the basis of whether any packaging for such products is misbranded under this subtitle.

In order to facilitate the efficient regulation and enforcement of the provisions of this subtitle, it is established that—

(i) the Secretary shall exercise primary jurisdiction over a claim that any packaging, including packaging for consumer products and non-consumer products, is compostable;

(ii) the Federal Trade Commission shall exercise primary jurisdiction over other matters regarding advertising that packaging is compostable; and

(iii) the Secretary and the Federal Trade Commission shall enter into a memorandum of understanding for the purpose of joint planning and coordination, exchange of information, and the careful selection of the procedure of either Agency promising greatest benefits to the public.

All such proceedings for the enforcement, or to restrain violations, of this subtitle shall be by and in the name of the United States.

No State or political subdivision of a State may establish, enforce, or continue in effect any provision of law or a legal requirement that is not identical with any requirement, including any regulations promulgated by the Secretary, under this section, and no person shall be liable under the laws of any State or any political subdivision thereof for making a compostable claim for consumer product packaging that is authorized by an accredited third-party certification body.

A civil action may be brought only in United States District Court to enjoin the sale, distribution, or importation into the United States of packaging that is misbranded within the meaning of this section. Such actions may be brought by the Secretary, or by the Attorney General, in any United States District Court for a district wherein the violation occurred, or in the United States District Court for the district wherein the defendant is found or transacts business.

Packaging shall not be subject to any of the requirements imposed under this subtitle, including any standards that are promulgated, until January 1, 2028, or at a later date, if the Secretary determines additional time is needed.