Sponsor
Jeff Merkley
Senator · D-OR
Senator · D-OR
Official title: Create national standards for labeling of covered materials as recyclable, compostable, reusable, and refillable, and for other purposes.
Introduced August 6, 2026 by Jeff Merkley · Last progress August 6, 2026
This bill creates consistent, enforceable national labeling and standards that should reduce consumer confusion and improve real recycling/composting and reuse outcomes, but it does so at the cost of significant compliance, administrative, and transition burdens—particularly for small businesses, some local programs, and taxpayers.
Nearly all consumers will see clearer, nationwide definitions and on-package labels for “recyclable,” “compostable,” “reusable,” and “refillable,” reducing misleading green claims and making purchase/disposal decisions easier.
Households and municipal programs will be able to sort and recover materials more effectively, reducing contamination and increasing actual recycling and composting rates.
Producers, sellers, and regulators gain clearer statutory definitions and enforceable criteria, reducing long‑term regulatory uncertainty about labeling and enabling more consistent enforcement.
Manufacturers, importers, retailers and especially small businesses will face substantial compliance, testing, redesign, and relabeling costs to meet the new definitions and standards, which is likely to raise prices for some consumers.
Smaller producers, independent refill providers, and new entrants may struggle to meet documentation, end‑market or coverage thresholds, creating market barriers that favor larger firms and reduce product variety.
Implementing, maintaining, and enforcing the program will impose administrative burdens and costs on federal and state agencies (and ultimately taxpayers); rulemaking and approval delays could create prolonged uncertainty for businesses and recycling programs.
Based on analysis of 14 sections of legislative text.
Creates national definitions and standardized on‑package labels for recyclable/compostable/reusable/refillable claims and bans misleading chasing‑arrows uses unless criteria are met.
Establishes national definitions, standardized on-package labels, and enforcement rules for claims that packaging and certain single‑use products are “recyclable,” “compostable,” “reusable,” or “refillable.” It directs the EPA Administrator and the Federal Trade Commission to create labels, classification criteria, lists of covered materials, an advisory committee, and education tools, and makes misleading use of the chasing‑arrows symbol and similar claims an unlawful deceptive practice under the FTC Act once the label standards take effect. Requires producers to meet fairly specific infrastructure, design, and market‑acceptance thresholds before using unqualified recyclability/compostability/reuse/refill claims; allows time‑limited qualified claims where coverage is partial and a plan to reach full compliance exists; sets reporting, stakeholder engagement, and periodic review requirements for agencies and requires publication of lists of materials that meet the new standards.