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HR 1408 102th Congress House Environmental Protection Biodegradation Citizen lawsuits Compost Consumer education Deceptive advertising Federal advisory bodies Fines (Penalties) Information services Labeling Marketing Packaging Public service advertising Recycling of waste products Standards

Environmental Marketing Claims Act of 1991

Introduced: March 12, 1991 See on congress.gov
 Everywhere this bill has been 3 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 22, 1991
Referred to the Subcommittee on Transportation and Hazardous Materials.
Mar 12, 1991
Referred to the House Committee on Energy and Commerce.
Mar 12, 1991
Introduced in House
 Plain-English summary Congressional Research Service

Environmental Marketing Claims Act of 1991 - Directs the Administrator of the Environmental Protection Agency to establish an environmental marketing claims regulatory program and an Independent Advisory Board to advise and make recommendations on the regulation of such claims. Requires the Administrator, in promulgating such regulations, to ensure that such claims are related to a specific environmental impact or attribute to ensure that the claims are not false or deceptive. Provides that such claims shall be substantiated on the basis of the best available scientific information.

Requires the Administrator to assign products to categories based on the composition and packaging of the product. Sets forth requirements with respect to claims of recycled content, recyclability, reusability, compostability, or degradability of a product.

Directs the Administrator to determine whether it is appropriate to promulgate additional regulations to: (1) reflect the best available technology to encourage higher performance levels in products and packaging; and (2) reflect the most recent scientific and practical knowledge of technological advances and improvements in manufacturing techniques and waste management. Provides for the triennial review of regulations. Authorizes interested individuals to petition the Administrator to promulgate additional regulations.

Provides that an environmental marketing claim: (1) may be made two years after this Act's enactment if the environmental characteristic in the claim uses terms defined by the Administrator; (2) may not state the absence of an environmental attribute unless the attribute is a usual characteristic of the product or package or the Administrator permits such a statement because the statement would assist consumers making value comparisons with respect to environmental claims among products and packages; and (3) may not be made because the claim is misleading in light of another environmental characteristic of the product or package.

Requires persons who intend to use environmental marketing claims for which the Administrator has promulgated a regulation to certify to the Administrator that the claims meet this Act's requirements. Directs persons using claims to resubmit a certification to the Administrator that the claims meet this Act's requirements if: (1) changes have been made in the product or the package that would affect its ability to meet previous regulatory requirements of the claim; or (2) new regulations have been promulgated under this Act relating to the claim being used.

Makes it unlawful to fail to comply with regulation or certification requirements. Prescribes civil and criminal penalties for violations of this Act. Sets forth provisions concerning citizen suits.

Directs the Administrator to conduct a public information and education campaign to enable consumers to: (1) recognize environmental marketing claims regulated under this Act and be able to distinguish them from other claims; (2) have information about the criteria used by the Administrator in establishing standards and definitions for such claims; and (3) have a better understanding about the environmental effects of products and packages.

Authorizes appropriations.

What's happening now April 22, 1991

Referred to the Subcommittee on Transportation and Hazardous Materials.

 Committees of jurisdiction 2