130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2020 21 United States Code, for persons employed intermit tently in Government service. "(4) RECOMMENDATIONS TO EPA-(i) Not later than 1 year after the date of the enactment of the National Waste Reduction, Recycling, and Management Act, the Board shall submit to the Administrator recommendations on the standards and criteria for substantiating environmental claims that the Administrator should consider in promulgating regulations under this section. "(ii) In determining its recommendations, the objective of the Board shall be to reduce negative environmental impacts and improve environmental attributes. To To meet that that objective, the recommendations of the Board shall reflect (I) the best available use and the best available technology that will encourage higher performance levels in products 18 and packaging, and reflect (II) the most recent sci19 entific and practical knowledge of technological advances and improvements in manufacturing techniques and waste management. In determining its recommendations, the Board also shall consider the requirements for regulations described in subsection (e) and available studies, standards, and other information that the Board determines to be appropriate. 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 131 “(5) REVIEW OF REGULATIONS.-Not later than 2 years after the Administrator promulgates regulations under this section, the Board shall submit to the Administrator a report making recommendations that the Board considers appropriate to update and revise the regulations. "(6) TERMINATION OF BOARD.-Not later than 60 days after the Board submits its report under paragraph (5), the Administrator shall terminate the existence of the Board. "(e) SPECIFIC REQUIREMENTS FOR REGULA 12 TIONS. (1) In promulgating regulations under subsection 13 (a), the objective of the Administrator shall be to reduce 14 negative environmental impacts and improve environ15 mental attributes. 16 "(2) The regulations under subsection (a) shall in 17 clude standards and criteria for substantiating claims to 6 The Administrator shall include standards and criteria for 7 substantiating such other claims related to a specific envi8 ronmental impact or attribute of a product or package as 9 the Administrator considers appropriate. 10 "(3) The Administrator shall ensure that the criteria 11 and standards contained in the regulations are sufficient 12 to allow the Federal Trade Commission to determine 13 whether an environmental marketing claim is false, mis14 leading, or deceptive with respect to a specific environ15 mental impact or attribute. 16 "(4) The Administrator shall ensure that the criteria 17 and standards contained in the regulations are based on 18 the best available scientific information. 19 "(5) The Administrator may distinguish among prod20 uct or package categories in setting standards and criteria 21 in the regulations. 22 "(6) In promulgating the regulations, the Adminis 23 trator shall ensure that environmental marketing claims 24 make a clear distinction between the product and any ac25 companying packaging unless the claim applies to both. 133 1 "(7) The Administrator shall include the following re 2 quirements in the regulations promulgated: "(A)(i) An environmental marketing claim stat ing that a product or package is 'recycled' or has 'recycled content' shall be used only in connection with a product or package containing post-consumer materials if the percentage of recovered material is specified in the claim and, except as provided in clause (ii), the percentage of post-consumer materials is not less than 25 percent (by weight) during the period beginning on the effective date of the reg ulation and ending on December 31, 1999, and is not less than 50 percent (by weight) on or after January 1, 2000. "(ii) Notwithstanding clause (i), an environmental marketing claim stating that a product or package is 'recycled' or has 'recycled content' may be used in connection with a product or package that contains a percentage of post-consumer materials that is less than the percentage specified in clause (i) if the manufacturer, retailer, distributor, or other person responsible for the use of such environmental marketing claim includes in such claim a sentence (in which the terms described in the regulation promulgated under this subsection are displayed 134 no more prominently than other words in the sentence) that states the percentage (by weight) of post-consumer and pre-consumer materials used in such product or package and no symbols are used in such claim. "(B) An environmental marketing claim relating to the 'recyclable' nature of a product or package shall be used only in connection with a product or package for which a manufacturer, retailer, distributor, or other person responsible for the use of such environmental marketing claim is able to demonstrate, using standards and criteria contained in the regulations, the following: "(i) During the period beginning on the effective date of the regulations and ending on December 31, 1999, 2 percent or more of all of such type of products or packages produced in the United States are recycled annually. "(ii) On and after January 1, 2000, 50 percent or more of all of such type of products or packages produced in the United States are recycled annually. "(C) An environmental marketing claim relating to the 'reusable' or 'refillable' nature of a prod uct or package shall be used only in connection with |