1993 may see stricter packaging laws.

As the new year begins, there are a number of pending legislative proposals across the country that could affect makers of plastics packaging. These proposals, including guidelines on biodegradability, environmental labeling and required levels of recycled content, follow what many in the industry see as a significant victory this fall when voters in Massachusetts defeated that state's recycling initiative.

The proposal from the Massachusetts Public Interest Research Group ("MassPIRG") would have established stringent guidelines for recycling, reuse and source reduction, as well as setting strict levels of recycle content required in packaging. The plan drew the ire of the packaging and food industries, with plastics and paper trade groups banding together with restaurant owners and food suppliers to build a $5.4-million war chest to fight the proposal. Despite what appeared to be overwhelming support for the initiative after it was first proposed, voters rejected the proposal by a 60 to 40 margin.

"Had this draconian measure passed, we would have seen immediate copycat measures in a number of states, more pressure in Congress, and rates-and-dates packaging legislation would have had momentum," says Roger Bernstein, director of state government affairs for the American Plastics Council (APC), the new name of the former Partnership for Plastics Progress (PPP or P3).

WHAT TO EXPECT NOW

Following are some of the pending regulations that could affect makers of plastics packaging.

* The moratorium for small businesses and the exemption for meat trays and plastic lids that are part of the five-year-old plastics ban in Long Island's Suffolk County expired Dec. 31. At press time, there was no word as to whether the exemptions would be extended. Citing the numerous recycling programs created in the last five years, packaging groups have been lobbying the Suffolk County Legislature to repeal the entire ban.

* Ohio is looking at implementing labeling standards that go beyond the voluntary guidelines set by the Federal Trade Commission (FTC) last July (see PT, Sept. '92, p. 129). A proposal introduced this summer would prohibit use of the words "recyclable" or "compostable" unless the product either had access to community recycling or composting programs available to at least 65% of the state or national population; or achieved a statewide or national recycling or composting rate of at least 50% by weight. "Recycled" could only be used on a label if the product contained at least 10% by weight of post-consumer material and this content were listed on the label. "Biodegradable" and "photodegradable" could only be claimed if the product can decompose into nontoxic salts, water or carbon dioxide within a year. The proposals would also require manufacturers to be able to document their environmental claims.

* Michigan and Wisconsin are also considering legislation based on the FTC guidelines. In Wisconsin, lawmakers are trying to decide whether to follow the FTC's example and make the guidelines voluntary, make them mandatory, or write new labeling laws of their own. In Michigan, there are three proposals. One before the state House of Representatives would require the label of any container touted as "recyclable" or made with "recycled content" to indicate if the container includes pre-consumer or post-consumer waste and the percentage of each. Violations would be subject to civil fines as high as $1000/day. In the state Senate, two proposals are pending. One would give the state's attorney general the power to impose guidelines on environmental labeling with the words "recycled," "recyclable," "degradable" or "recycled content"; while the second would prohibit the labeling of a bag or container as "degradable," "biodegradable" or "photodegradable" if it cannot be broken down into component parts within 360 days.

* Also in Michigan, proposals are being considered to ban landfilling and incineration of various materials, including HDPE containers; impose a 2|cents~ tax on each disposable plastic diaper sold in the state until the rate of diaper recycling hits 90%; create a bill based on the CONEG (Council of North Eastern Governors) model to phase out lead, cadmium, mercury and hexavalent chromium in packaging; and require bags used to dispose of yard clippings be made from degradable paper beginning March 28, 1995.

* The Southern States Waste Management Coalition, a group representing 16 states, including Texas, Oklahoma and Missouri, was formed last summer to address problems in that region, including weak markets for recyclables to the siting of landfills and waste-to-energy plants. One of the immediate regulations the coalition will consider is the establishment of minimum recycle-content standards for packaging used in that region. The coalition is expected to issue a preliminary report by next month.

* Florida legislators are expected to introduce a bill that would amend the state's 1988 law imposing a 1|cent~ advanced disposal fee on containers that do not meet a 50% recycling rate as of this Jan. 1. The fee is currently expected to take effect July 1, but the talk out of Florida is that the state Dept. of Environmental Regulation will ask that it be postponed until 1995 to allow counties to meet recycling goals set for 1994. The department is also believed to be considering implementation of minimum recycle-content and recycling rates.