2023 -- H 5086
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LC000155
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
ENVIRONMENTAL MARKET ING 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:
SECTION 1. Chapter 6-13.3 of the General Laws entitled "Environmental Marketing Act" 1
is hereby amended by adding thereto the following section: 2
6-13.3-1.1. Definitions. 3
As used in this chapter, the following words and terms shall have the following meanings: 4
(1) "Compost" shall have the same meaning as defined in § 2-22-3. 5
(2) "Consumer product" shall have the same meaning as defined in § 6-57-1. 6
(3) "Free fluoride" or "ionic fluoride" means fluoride not bonded to carbon. 7
(4) "Organic fluorine" means fluorine bonded directly to carbon. 8
(5) "Total organic fluorine" means total fluorine minus free fluoride. 9
(6) "Package" shall have the same meaning as defined in § 23-18.13-3. 10
(7) "Packaging component" shall have the same meaning as defined in § 23 18.13-3. 11
(8) "Perfluoroalkyl and polyfluoroalkyl" or "PFAS" shall have the same meaning as 12
defined in § 23-18.13-3. 13
SECTION 2. Section 6-13.3-2 of the General Laws in Chapter 6-13.3 entitled 14
"Environmental Marketing Act" is hereby amended to read as follows: 15
6-13.3-2. Deceptive environmental marketing claims Deceptive environmental 16
marketing claims or sales. 17
(a) It is unlawful for any person, in the course of that person’s business, vocation or 18
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occupation, to make any untruthful, deceptive, or misleading environmental marketing claims 1
about a product or package sold or offered for sale in this state. For the purposes of this chapter, 2
“person” means any individual, corporation, partnership, or other legal entity. 3
(b) A person shall not advertise, market, sell, offer for sale, or distribute in this state a 4
consumer product that is labeled with the term "compostable" if the product has a total organic 5
fluorine concentration of greater than one hundred parts per million (100 ppm), or any product in 6
violation of the provisions of chapter 18.13 of title 23. 7
SECTION 3. This act shall take effect upon passage. 8
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY P ROVISIONS --
ENVIRONMENTAL MARKET ING ACT
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This act would prohibit the marketing or sale of consumer products labeled as 1
"compostable" if the product has a total organic fluorine concentration of greater than one hundred 2
parts per million (100 ppm) or if the product is in violation of the provisions of chapter 18.13 of 3
title 23 (Toxic Packaging Reduction Act). 4
This act would take effect upon passage. 5
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LC000155
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