and steel containers, glass containers, corrugated card-
board, plastic containers, polystyrene foam packaging,
and bi-metal containers, Plastics #3–7 can be landfilled
or incinerated. If a market will exist for recycling of these
plastics, they will be banned from landfills.
North Carolina was the benchmark state for local land-
fill bans. A total of 32 communities at first had some sort of
local landfill bans in this #2 manufacturing state. Some just
banned corrugated containers (OCC), others banned all
kinds of recyclables. The bans forced businesses to recycle
and push haulers to either set up routes or pull out OCC at
landfills when the price was right.
DEPOSITS/BOTTLE BILLS
The term ‘‘bottle bill’’ refers to a container deposit law;
that is, a refundable deposit is paid on a beer, soft drink, or
other beverage container at time of purchase.
In 1971, Oregon passed the first bottle bill in the
United States (3). The law covered all beer and soft drink
containers. By 1986, ten states enacted some form of bottle
bill. Some of these states cover water, juice, and other
beverages not included in the Oregon bill. In 2009, Oregon
will make its first change to its original bill by covering
bottle water and flavored bottled water (4)
In 2008, eleven states and twelve Canadian provinces
have a deposit law. Several states and provinces have
expanded their laws to cover beverages such as juice and
sports drinks, tea, and bottled water; beverages that did
not exist when most bottle bills were passed. The eleven
U.S. states are California, Connecticut, Delaware, Hawaii,
Iowa, Maine, Michigan, Massachusetts, New York, Ore-
gon, and Vermont
These bills were intended to reduce beverage container
litter. Now the protection of natural resources through
recycling and reduction of solid waste going to landfills are
the goals. Seven states reported a reduction in beverage
container litter ranging from 73% to 83%.
Unclaimed or unredeemed deposits have been deter-
mined to be the property of the distributors and the bottle
bill states. These containers are considered abandoned by
the public and involve millions of dollars a year.
There are still areas where food packagers have been
successful in defeating proposed bottle bills such as in
Columbia, Missouri in 2007. Also, there have been com-
plaints that redemption rates are declining because de-
posits are not keeping up with inflation. However, Senator
Ed Markey of Massachusetts has introduced an amend-
ment to the Solid Wastes Disposal Act to require a refund
value for certain beverage containers (of metal, glass, or
plastic or in combination) and resources would go to the
state for pollution prevention and recycling. This Bottle
Recycling Climate Protection Act (introduced November 5,
2007) would apply to all of the United States. States with
high recycling rates would be exempt (5).
HEAVY METALS BANS
The model Toxics in Packaging Bill, developed by the
Coalition of Northeastern Governors (CONEG), is law in
18 states. In 1995, six states moved to amend the law in an
effort to clean up some loose ends (6).
The model bill states that no package may be sold if any
packaging component (including inks, dyes, pigments,
adhesives, stabilizers, or other additives) contains lead,
cadmium, mercury, or hexavalent chromium intentionally
introduced during manufacture or distribution. The law
usually gives manufacturers two years to phase down to
600 ppm; then 250 ppm, with 100 ppm after four years. The
model law allows state regulators to later institute bans on
other heavy metals if they are found to be a threat.
GREEN AND ECO-LABELING
Laws are on the books in many states to guard against false
claims of environmental value. An ecolabel identifies over-
all environmental preference of a product within a product
category based on life-cycle considerations. In contrast to
self-styled labels, these labels are awarded by an impartial
third party. Ecolabeling is a worldwide effort. It is, how-
ever, only one type of environmental label and gives the
consumer information about the relative environmental
quality of a product In North America, the Global Ecolabel-
ling Network Secretariat is located in Ottawa, Ontario,
Canada (7) The International Organization for Standardi-
zation has undertaken efforts to attempt to standardize
three major voluntary environmental labeling types.
Type 1: environmental labels; Type 2: self-declaration
claims; and Type 3: environmental declarations, for exam-
ple, report cards and information labels. ISO 14020 guiding
principles for labeling, including ecolabels, are accuracy,
avoiding unecessary trade barriers, scientific basis, provi-
sion of information on methodology, life-cycle approach,
allowance of innovation, minimal adminstrative burden;
open consensual process; and provision of information on
products. Companies that want to participate in an ecola-
beling program make application and submit products
for third-party testing. If approved, the companies pay
licensing fees for permission to use the program’s label
for a specified period. Ecolabeling is a voluntary policy
instrument. An increase in certified products indicates that
producers or providers see an advantage is displaying the
label. Consumer surveys indicate that there is a preference
for products perceived as environmentally positive. The
willingness of consumers to pay for green products has
been regularly confirmed. However, surveys show that
superior environmental performance generally only be-
comes a key competitive factor once product performance,
quality, and value have become established.
Green Seal, Inc., is a third-party certification organiza-
tion in the United States. One of their certifications
involves paper products used in food preparation (8).
RESIN CODING
The resin identification code developed by the Society of
the Plastics Industry in 1989 was intended to assist plastic
recyclers
in sorting bottles
by resin type. Even though
there are thousands of different resin grades used by
ENVIRONMENTAL REGULATIONS, NORTH AMERICA 399