Section 137.05. Recyclability representations.

 

(1)  No person may represent, without qualification, that a product is recyclable unless the product is entirely composed of materials that satisfy all of the following requirements:

(a) The materials can be collected, separated or otherwise recovered from the solid waste stream by recycling systems that are readily available to a substantial majority of the population in the area where the product is sold, using normal methods of operation.

(b) The materials recovered under par. (a) can, by means of established commercial processes, be processed and reused as raw materials for the manufacture of new products.

(2)  If a product does not meet all of the requirements under sub. (1) , no person may represent that the product is recyclable unless the representation is qualified to the extent necessary to avoid consumer deception.

(3)  No person may misrepresent, directly or by implication, any of the following:

(a) That recycling systems needed to recycle the product are readily available in the area where the product is sold. If suitable recycling systems are not readily available to a substantial majority of the population in the area where the product is sold, or if those systems do not ordinarily accept the product for recycling, no person may represent that the product is recyclable unless the representation clearly discloses that suitable recycling facilities may not be available.

(b) That the product is compatible with suitable recycling systems that are readily available in the area where the product is sold. If, because of the product's size or shape, or for any other reason, a product is incompatible with recycling systems, no person may represent that the product is recyclable.

(4)  An identifying symbol placed on a plastic container to comply with subchapter II does not constitute a representation, for purposes of this subchapter, that the container is recyclable.

(5)  No person may represent that a product is recyclable unless both of the following apply:

(a) The representation complies with s. ATCP 137.07 .

(b) The person can substantiate the representation under s. ATCP 137.08 .

History: Cr. Register, January, 1994, No. 457 , eff. 2-1-94; am. (4), Register, February, 1996, No. 482 , eff. 3-1-96.