. Washington state has enacted a law requiring post-consumer recycled plastic be included in beverage containers, trash bags and some household products. Plastic containers ranging from eightouncesor its equivalent volume up to and including fivegallons or its equivalent volume. Is the H-1B Lottery Still a Game Worth Playing? Potential Postponement of Enforcement of Final CPRA Regulations. Additionally, the bill imposes new labeling and registration requirements on plastic trash bag producers. SB 5022requires the incremental increase of recycled content in plastic beverage containers, trash bags, and bottles for household and personal care products beginning January 1, 2023. Manufacturers, distributors, and retailers who sell or distribute products within the scope of the bill in Washington State should analyze the recycled content in their current product inventory and make arrangements to increase the percentage of recycled content in their products over the next several years. New ESG Requirements for Banks that Hold Public Funds May Raise FDA Updates Proposal for Unified Human Foods Program. Dasbill has undergone major changes since it debuted in January. If not, please do not enter anything in this field. 2022 Washingtons single-use serviceware law restricts restaurants and food service businesses from automatically providing, 2023 Washingtons post-consumer recycled content law sets, 2023 2024 Washingtons expanded polystyrene law prohibits the sale of specific types of. July December 2021: We contracted a study with a professional third party to provide recycled-content recommendations for plastic items not covered by the 2021 plastic law. Litigation Practice at Strassburger McKenna Gutnick & Gefsky. In addition, the law, which becomes effective on July 17, 2021, establishes registration and reporting requirements for manufacturers of certain plastic products. The Washington State legislature has passed a bill that establishes minimum recycled content requirements for certain plastic products, prohibits the sale and distribution of certain expanded polystyrene products, and limits the distribution of single-use plastic products by food service establishments. Bracewell Legal Bites: What Should We Infer from the US Governments New York State Legislature Sends Broad Noncompete Ban to Governors Notice of Proposed Rulemaking: FTC Proposes to Redesign and Immigration Considerations During M&A Transactions [PODCAST]. The producer registration deadline for these products is April 1, 2022, and the producer annual report is due by April 1, 2024. , support from a range of industry trade groups and environmental organizations, States active on recycling and waste legislation in first half of 2021, Gov Inslee signs Washington single-use bag ban, vetoes PCR requirements, CNG, electric or hybrid? Biden Administration Announces Funding for Homegrown Biofuels under North Dakota Law Another Example of State Regulation Over Foreign International Trade Practice at Squire Patton Boggs. Consent Requirements Under Washingtons My Health My Data Act, Supreme Court Upholds Personal Jurisdiction by Corporate Registration. Beginning on January 1, 2023, plastic trash bag producers must label each container of plastic trash bags sold, offered for sale, or distributed in Washington State with the name and location of the producer or a uniform resource locator or QR code to a website that contains this information. FTC Proposes Changes to Health Breach Notification Rule Clarifying Treasury Issues New Proposed Guidance on Domestic Content Investment Diligence: Why Your Delaware Partnership Agreement Means Is a Historic Writ the Best Device to Combat Excessive USCIS California's Narrow Codification of the Internal Affairs Doctrine. Employer Summer Prep Should Include Reviewing Your Heat Illness EU Sanctions Russia with Eleventh Package of Restrictive Measures. Better Late Than Never: Employers in Canada Should Review Their Privacy and Data Security - The Age of AI. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. FTC Releases Proposed Changes to Premerger Notification Form and Mallory v. Norfolk Southern Railway Co.: A New Third Rail for SCOTUS Holds Federal Law Bars Race-Based University Admissions. Sec. , meant to achieve net zero greenhouse gas emissions by 2050 through numerous measures, also includes measures to establish post-consumer recycled content standards for certain products. On April 21, 2021, the Washington State legislature passed a sweeping new minimum recycled content bill, SB5022, which creates recycled content minimums for some plastic products sold in. Crunden Sec. The department must equitably determine fee amounts for an individual producer or third-party representatives within each category of covered product; (iv) By 2024, adopt rules to equitably determine annual fee payments by producers or their third-party representatives within each category of covered product. 178.600-609, and other federal laws; and. Food & Chemicals Unpacked: Pit Stop at Chevron: Will We See a Difference in Deference? FTC Proposes Changes to Health Breach Notification Rule Clarifying Treasury Issues New Proposed Guidance on Domestic Content Investment Diligence: Why Your Delaware Partnership Agreement Means Is a Historic Writ the Best Device to Combat Excessive USCIS California's Narrow Codification of the Internal Affairs Doctrine. Phil Rodoni, previously chief technology officer, took the helm during an eventfulperiod for the company. Open Issue: Employer-Sponsored Health Plans and Coverage of Gender- FTC and DOJ Propose Significant Changes to US Merger Review Process. Drafting an Arbitration Agreement? (11) The department may enter into contracts for the services required to implement this chapter and related duties of the department. More specifically, WashingtonsSB 5022requires the incremental increase of recycled content in plastic beverage containers, trash bags, and bottles for household and personal care products. New York State Department of Labor Issues Final New York State WARN CEO Punches Ticket and Avoids Sanctions Based on Receiving Sixth Circuit Concludes Lack of Proper Delegation Means Benefits 11th Circuit Creates Circuit Split Holding that an "Adverse Act CBP Launches App for ESTA Travel Authorization on Mobile Devices. Industry experts and environmental groups say they expect SB 5022 to pass, in part, because of strong support for its minimum recycled content requirements, a concept that has been gaining traction nationally. To navigate items, use the arrow, home, and end keys. The bill has changed significantly since it was introduced in January as an extended producer responsibility (EPR) bill, which failed to gain support due to criticism that it gave too much control to packaging producers. Covered products include: Plastic trash bags Plastic beverage bottles Plastic bottles for household cleaning and personal care products Producers registration is open Other states have recently enacted EPS packaging bans, most recently Virginia, which in March signed into law. Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. His experience and representative matters include: Allyn brings over 30 years of insider understanding of government operations. If youd like a reply, please provide an email address. To account for this uncertainty, the bill allows for the Department of Ecology to revise the recycled content minimums based on the availability of recycled plastic and the capacity of recycling or processing infrastructure. Plastic bottles for household cleaning and personal care products are considered a coveredproduct if they have a neck or mouth smaller than the base and maintain their shape when empty. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. Recycled Content Resource Mailbox Finally, beginning in 2022, food service businesses may provide single-use utensils, straws, condiment packaging, and many beverage cup lids only after affirming the customer wants these items. Mandatory E-Verify Comes to Florida: What to do Now? WM execs talk evolving fleet strategy, Rubicon CEO on the companys next chapter and the challenges of going public, Connecticut governor signs waste bill into law but cites concerns over long-term sustainability, Waterhouse: Less plastic production, stronger state laws could curb environmental justice impacts, Environmental advocates rally in support of EPA legacy coal ash rule, ReFED leader calls for food waste reduction pilots to be scaled up to meet ambitious 2030 goals, 7 Ways Technology Supercharges Waste & Recycling Firms, Requirements for Federal EV Charging Funding Come into Focus, McConnell says more farm bill money will be hard to come by.. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. For example, covered plastic beverage containers must be made from 15% postconsumer plastic by 2023, but the recycle content increases to 25% by 2025, and to 50% by 2027. (b) For wine in 187 milliliter plastic beverage containers and dairy milk: (i) January 1, 2028, through December 31, 2030: No less than 15 percent postconsumer recycled content plastic by weight; (ii) January 1, 2031, through December 31, 2035: No less than 25 percent postconsumer recycled content plastic by weight; and. Buyer Beware: Delaware Courts Continue to Refuse to Enforce Deal- Energy & Sustainability Litigation Updates June 2023, U.S. Executive Branch Update June 29, 2023. Companies that do not meet these recycled content minimums are prohibited from selling or distributing their products in the State of Washington. Lets Go Swimming: Small Disadvantaged Business Growth Targeted by Nonimmigrant Travelers Can Now Board Flights to U.S. More information about the 2021 plastics law is available at Ecology's website. Trash bags are required to meet additional labeling requirements in. On April 21, 2021, the Washington State legislature passed a sweeping newminimum recycled content bill, SB5022, which creates recycled content minimums for some plastic products sold in Washington State, bans the sale and distribution of certain types of plastic, and establishes registration and reporting requirements for manufacturers of specific plastic products. Consent Requirements Under Washingtons My Health My Data Act, Supreme Court Upholds Personal Jurisdiction by Corporate Registration. New Year, New Contracts: ACGME Institutional Requirements for Lifecycle of a Claim, Part IV: Contracting Officers Final Decision. Manufacturers of plastic trash bags would have to meet a 10% recycled content benchmark by 2023 and eventually use 20% by 2027. 173, 40 C.F.R. Other speakers at the conference said they view federal minimum content standards as easier to administer and easier for companies to comply with than rolling out similar laws from state to state. Sec. 5101 et seq., 49 C.F.R. I am importing towels into the U.S. and received a CBP Form 4647 stating that my products are in violation of "19. (3)(a) By January 31, 2022, and every January 31st thereafter, the department must: (i) Prepare an annual workload analysis for public comment that identifies the annual costs it expects to incur to implement, administer, and enforce this section and RCW. This prohibition will go into effect on June 1, 2023. Sale of most portable EPS coolers and food service containers would be prohibited beginning in June 2024, but the ban does not apply to items like foam meat trays. Better Late Than Never: Employers in Canada Should Review Their Privacy and Data Security - The Age of AI. For the last several years, Washington State has been at the forefront of regulating plastics and packaging. The bill has drawn support from local environmental groups, which rallied behind a similar bill in 2020. The bill requires that the food service industry, including restaurants, coffee shops, fast food restaurants, grocery stores, business cafeterias, and any location that allows for the opportunity of on-site food consumption not provide customers with single-use food service products unless a customer specifically requests the product. Base: The bottom part of the plastic bottle where recycling code, material mark, or other decoration can be applied. Noncompete Bans Spread to New York and Beyond Employment Law This Value-Based Lessons Learned: Two Years Later, How Have Providers U.S. Supreme Court Declines to Expand the Reserved Water Right. If not, please do not enter anything in this field. Dasbill also bans the sale and distribution of EPS packing peanuts beginning in June 2023. How Quickly are Judge Albright Patent Cases Going to Trial? Remember Four Ss. Several participants at the recent Plastics Recycling Conference said state minimum-content standards can help drive specific local markets for particular recycled materials and can help achieve higher recycling rates when paired with other recycling methods, like extended producer responsibility programs. HHS OIG Releases Final Information Blocking Enforcement Rule Review of Significant Changes to PERM Labor Certification Filings Ninth Circuit: Additional Information on Back of Packaging can Defeat NYCs Law Governing Automated Employment Decision Tools Takes Effect OFCCPs Last-Minute Portal Guidance Changes. Corporate Debt Market Development Fund & Other Key Amendments United States: Tag, You (maryland Closed-End Funds) Are It! It bans EPS food service products such as clamshell containers, plates and cups, as well as EPS recreational coolers and packing peanuts. Subscribe to Waste Dive for top news, trends & analysis. Gov. When International Shoe No Longer Fits: SCOTUS Vacates Personal New York State Changes the Rules on Tax Appeals. 136, 15 U.S.C. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials. Washington State Imposes Minimum Recycled Content Requirements, Will Prohibit Expanded Polystyrene Food Service Ware, Toplines From FTCs Recyclable Claims Workshop, Extended Producer Responsibility Programs for Food Packaging: Balancing Source Reduction with Food Safety. 179.522, 49 C.F.R. Potential Postponement of Enforcement of Final CPRA Regulations. Beverages other than wine in 187 milliliter plastic beverage containers and dairy milk in plastic beverage containers have additional time to meet minimum recycled content requirements. Compostable bags meeting the requirements of Washington plastic product degradability law (Chapter 70A.455 RCW). French Insider Episode 23: M&A in the US: How French Businesses U.S. Theysupport many of our waste reduction and recycling goals and the recommendations in Washingtons plastics study.
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