Legal Recycle Meaning
But the use of the term recycling, Niebes said, could evolve to require recycled plastics to revert to their previous use to qualify. (d) If a component significantly limits the ability to recycle the item, any claim relating to the recyclable material would be misleading. An item made from recyclable materials, but not accepted into recycling programs due to its shape, size or any other attribute, should not be marketed as recyclable. 48 And now, even the definition of “recycling” comes into play, as an upcoming change in California, as well as possible changes at the federal level, could impact how companies can use the word on their packaging. Producers and municipalities will be the main actors in this program. Retailers, material recyclers and Maine citizens will also participate in the success of this program. All are encouraged to actively participate in the development of program rules during public relations and the rule and program development process. “We expect the term `recycling` to be real in the long run, if it was a water bottle, it goes back into a water bottle,” Niebes said. (2) Where recycling facilities are accessible to less than a large majority of consumers or communities where the item is sold, marketers should qualify all claims relating to recyclable materials. Marketers can still qualify recycling claims by specifying the percentage of consumers or communities that have access to facilities that recycle the item. Alternatively, marketers can use qualifications that vary depending on facility availability. The lower the access to an appropriate facility, the more the trader must focus on the limited availability of product recycling.
For example, if recycling facilities are accessible to slightly less than a large majority of consumers or communities where the item is sold, a marketer may qualify a recycling claim by stating, “This product [packaging] may not be recyclable in your area” or “Recycling facilities for this product [packaging] may not exist in your area.” If recycling facilities are only accessible to a few consumers, marketers should provide more details. For example, a marketer in this situation may qualify his recycling claim by saying, “This product [packaging] is only recyclable in the few communities that have appropriate recycling facilities.” Melissa Niebes: “We`re seeing more and more conversations about what recycling means. Upcycling vs Recycling vs Downcycling. The Maine legislature recently passed a bill establishing a stewardship program for packaging. Product manufacturers pay a fund based on the quantity and recyclability of packaging associated with their products. This funding will be used to reimburse communities for eligible recycling and waste management costs, invest in recycling infrastructure, and help Maine citizens understand how to recycle. The objective of this program is to reduce volume and toxicity and increase recycling of packaging materials. It will support municipalities in their recycling efforts, improving packaging material recycling outcomes in Maine. In addition to the manufacturer`s exemptions, the law explicitly exempts certain packaging. The following packaging is excluded: packaging intended for long-term storage or the protection of a durable product; packaging defined as beverage containers in 33 MRS 3102 (“Maine Bottle Bill”); and the packaging contains architectural paint according to 38 M.R.S. § 2144 if at least 80 or 90% of the containers collected under a stewardship program are recycled. In addition, the Department will review the packaging of certain government-regulated products to determine whether any of these packages should be excluded.
“We`re seeing more and more refined conversations about what it means to `recycle.` Upcycling vs Recycling vs Downcycling,” said Melissa Niebes, Chief Commercial Officer of Federal Package Network Inc., at the recent Plastics Caps & Closures 2022 conference hosted by Plastics News. Municipalities have several options for ensuring their contribution to the program. Municipalities may participate in the development of rules, work with the packaging management organization on the administration and its programs to support municipal reporting, participate in other collection programs, contribute to infrastructure and education investment proposals, receive funding for infrastructure and education investments, and participate in the ongoing identification of similar municipalities and the calculation of Refunds. To meet their reporting obligations, municipalities require information from their recycling partners, including information obtained through program audits. Improving the efficiency and effectiveness of recycling operations will have a positive impact on communities that work with a recycling facility. Producers are encouraged to participate in the rule-making process, cooperate with the SO on administration and programs to support manufacturers` compliance, and maintain a level playing field by identifying non-compliant companies. Producers will also be able to contribute to proposed investments in education and infrastructure. The law defines a manufacturer as the trademark owner of the packaged product or, if the trademark owner of the product does not have a presence in the United States, the manufacturer may be a sole importer of the product in the state.
The law provides for a number of exceptions, which are described in more detail in the “FAQ” sheet. Schaumburg, Illinois — Everyone knows what recycling is, right? “This is what brands can claim on their packaging. Right now, a number of brands are putting hunting darts around the resin code, which doesn`t necessarily comply with green guides and now California law. They`re trying to make it stricter,” she said. This legislation does not require municipalities to participate in the program. However, a participating municipality receives rebate payments based on the average cost per tonne of packaging materials managed by similar municipalities. Participation in a community – defined as a city, county, municipality, village or plantation; A waste management district or regional association must accept all materials labelled as readily recyclable for recycling and meet certain data reporting requirements, such as annual recycling reports and cost data. Reporting obligations will be established during the rule-making process, and the Statement of Grievances will assist municipalities requiring reporting assistance.
The details of the method of calculating the payment and the definitions of easily recyclable and assimilated municipalities will also be set out in legislation. (b) Marketers should clearly and prominently match claims about recyclable materials to the extent necessary to avoid misrepresentation of the availability of recycling systems and collection points for consumers. From July 2022, the department will publish a quarterly newsletter to all interested parties and stakeholders, outlining the progress made so far in developing the programme and the dates of upcoming activities. To be added to the ministry`s mailing list, please email MainePackagingEPR@maine.gov. In addition to updating this website, the Department will produce frequently asked questions with additional details on frequently asked questions. Rule-making provides the details necessary to implement a program, but is not described in the legislation that created it. The purpose of the regulatory process is to ensure that all stakeholder input is considered. First, the Department is working with stakeholders to develop a draft rule. This rule is then published for public comment.
After a comment period, the ministry must consider all comments and make adjustments as necessary. In the event of a change in content, a new comment period follows. The rule must then be approved by the Environmental Protection Board, a citizens` committee that oversees a range of ministry activities. Important substantive regulations that can be developed to allow for additional packaging exemptions must also be approved by the Maine legislature. Manufacturers may choose to establish an alternative collection program to collect and manage one or more types of packaging materials imported into the state. This program must be approved by the ministry in accordance with the rules developed during the initial rule-making process. A manufacturer who manages a type of packaging material through an alternative programme may only settle its payment obligations, in whole or in part, for the same type of packaging.