2023 -- H 5086

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LC000155

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

ENVIRONMENTAL MARKETING ACT

     

     Introduced By: Representatives McGaw, Cortvriend, Carson, Speakman, Donovan,
Ajello, Kislak, Bennett, Tanzi, and Cotter

     Date Introduced: January 12, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 6-13.3 of the General Laws entitled "Environmental Marketing Act"

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is hereby amended by adding thereto the following section:

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     6-13.3-1.1. Definitions.

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     As used in this chapter, the following words and terms shall have the following meanings:

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     (1) "Compost" shall have the same meaning as defined in § 2-22-3.

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     (2) "Consumer product" shall have the same meaning as defined in § 6-57-1.

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     (3) "Free fluoride" or "ionic fluoride" means fluoride not bonded to carbon.

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     (4) "Organic fluorine" means fluorine bonded directly to carbon.

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     (5) "Total organic fluorine" means total fluorine minus free fluoride.

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     (6) "Package" shall have the same meaning as defined in § 23-18.13-3.

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     (7) "Packaging component" shall have the same meaning as defined in § 23 18.13-3.

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     (8) "Perfluoroalkyl and polyfluoroalkyl" or "PFAS" shall have the same meaning as

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defined in § 23-18.13-3.

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     SECTION 2. Section 6-13.3-2 of the General Laws in Chapter 6-13.3 entitled

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"Environmental Marketing Act" is hereby amended to read as follows:

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     6-13.3-2. Deceptive environmental marketing claims Deceptive environmental

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marketing claims or sales.

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     (a) It is unlawful for any person, in the course of that person’s business, vocation or

 

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occupation, to make any untruthful, deceptive, or misleading environmental marketing claims

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about a product or package sold or offered for sale in this state. For the purposes of this chapter,

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“person” means any individual, corporation, partnership, or other legal entity.

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     (b) A person shall not advertise, market, sell, offer for sale, or distribute in this state a

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consumer product that is labeled with the term "compostable" if the product has a total organic

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fluorine concentration of greater than one hundred parts per million (100 ppm), or any product in

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violation of the provisions of chapter 18.13 of title 23.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

ENVIRONMENTAL MARKETING ACT

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     This act would prohibit the marketing or sale of consumer products labeled as

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"compostable" if the product has a total organic fluorine concentration of greater than one hundred

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parts per million (100 ppm) or if the product is in violation of the provisions of chapter 18.13 of

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title 23 (Toxic Packaging Reduction Act).

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     This act would take effect upon passage.

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