SF 2939

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/16/2023 08:44am

A bill for an act
relating to environment; prohibiting misleading claims regarding product or
packaging recyclability; requiring creation of recyclable materials list; proposing
coding for new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115A.5503] TRUTH IN LABELING FOR RECYCLABLE PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Chasing arrows symbol" means an equilateral triangle, formed by three arrows
curved at their midpoints, depicting a clockwise path, with a clear gap separating the apex
of each arrow from the base of the adjacent arrow. Chasing arrows symbol includes variants
of that symbol, including but not limited to one or more arrows arranged in a circular pattern
or around a globe, that are likely to be interpreted by a consumer as implying that the product
or packaging labeled with the chasing arrows symbol is recyclable.
new text end

new text begin (c) "Design features" means any physical characteristic of a specific product or packaging
that may affect its recyclability, including but not limited to its material, size, shape, or
color.
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new text begin (d) "Intentionally added PFAS" means perfluoroalkyl or polyfluoroalkyl substances
(PFAS) that are intentionally added to a product by a manufacturer and that have a functional
or technical effect on the product. Intentionally added PFAS includes PFAS that are
breakdown products of a chemical intentionally added to the product.
new text end

new text begin (e) "Labeling" means printing, embossing, or otherwise attaching information to a product
or packaging.
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new text begin (f) "Packaging" means a container and any material that provide a means of transporting,
marketing, protecting, or handling a product. Packaging includes the packaging's design
features.
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new text begin (g) "Product" means any physical object sold or distributed in commerce. Product includes
the product's design features.
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new text begin Subd. 2. new text end

new text begin Recyclable materials list. new text end

new text begin (a) No later than January 1, 2026, the commissioner
must develop and adopt rules under chapter 14 establishing a list of packaging and products
that the commissioner determines, after considering the design features of the product or
packaging and applying the criteria under subdivision 3, are recyclable in this state.
new text end

new text begin (b) The commissioner must post a copy of the recyclable materials list on the agency's
website.
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new text begin (c) The recyclable materials list may not limit the authority of a local unit of government
to determine the packaging and products that a waste collection and recycling program
operated by the local unit of government may accept.
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new text begin (d) The commissioner must review and may amend the recyclable materials list at least
every three years.
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new text begin (e) A manufacturer, wholesaler, or retailer may request the commissioner to consider
placing a product or packaging on the materials recycling list by submitting to the
commissioner in writing the reasons why the product or packaging meets the recyclability
criteria established in subdivision 3.
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new text begin Subd. 3. new text end

new text begin Recyclability criteria. new text end

new text begin A product or packaging is considered recyclable in the
state if, as determined by the commissioner, it meets the following criteria:
new text end

new text begin (1) at least 60 percent of the state's population reside within local units of government
that regularly collect and separate the product or packaging as part of a residential recycling
program;
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new text begin (2) at least 90 percent of the volume of product or packaging in the state is regularly
sorted and aggregated into defined streams for recycling;
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new text begin (3) the product or packaging is listed as a separate specification in the most recent version
of the Scrap Specifications Circular published by the Institute for Scrap Recycling Industries;
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new text begin (4) at least 75 percent of the volume of product or packaging in the state is recycled into
feedstock that is used to make new products, excluding fuels;
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new text begin (5) the product or packaging is recycled in sufficient quantity and is of sufficient quality
to maintain a market value;
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new text begin (6) any plastic packaging or plastic product does not include components, inks, adhesives,
or labels that prevent the recyclability of the packaging, as determined by the most recent
version of APR Design Guide published by the Association of Plastic Recyclers;
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new text begin (7) the packaging or product does not contain an intentionally added chemical prohibited
under section 115A.965; and
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new text begin (8) the packaging or product does not contain intentionally added PFAS or PFAS
measured at or above 100 parts per million, as measured in total organic fluorine.
new text end

new text begin Subd. 4. new text end

new text begin Deceptive recyclability claims prohibited. new text end

new text begin (a) Except as provided in paragraph
(c), displaying a chasing arrows symbol or any other statement on a product or packaging
indicating that a product or packaging that is not on the recyclable materials list is recyclable
is a deceptive or misleading claim under this section and section 325F.69, subdivision 1.
new text end

new text begin (b) No person may offer for sale, sell, distribute, or import in or into the state a product
or packaging for which a deceptive or misleading claim about the recyclability of the product
or packaging is made.
new text end

new text begin (c) Paragraph (a) does not apply to:
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new text begin (1) a product or packaging that is not on the initial recyclable materials list compiled by
the commissioner under subdivision 2, for 180 days after the initial recyclable materials list
is published;
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new text begin (2) a product or packaging that is removed from the recyclable materials list after
commissioner review, for 180 days after the removal;
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new text begin (3) a product or packaging containing a chasing arrows symbol with a clearly visible
line placed at a 135 degree angle over the chasing arrows symbol indicating that the item
is not recyclable;
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new text begin (4) a product required under federal or Minnesota law to display a chasing arrows symbol;
or
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new text begin (5) a statement on a product or packaging that does not contain a chasing arrows symbol
and is not on the materials recyclable list but that directs a consumer to take any of the
following actions:
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new text begin (i) compost the product or packaging through an organics recycling program;
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new text begin (ii) recycle or properly dispose of hazardous materials through a local drop-off program;
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new text begin (iii) recycle or properly dispose of batteries as directed in section 325E.125; or
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new text begin (iv) properly recycle electronic waste as directed in sections 115A.1310 to 115A.1330.
new text end

new text begin (d) If a product or packaging is composed of multiple materials, a chasing arrows symbol
or statement must make clear, in type or chasing arrow symbols of the same font size as the
symbol or the statement, which components are and are not recyclable.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement. new text end

new text begin The commissioner may enforce this section under section 115.071
or 116.072. The attorney general may enforce this section under section 325F.70.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end