CSAC Opposes Federal Preemption of Packaging Labeling Standards 

Following recent action in the House Energy and Commerce Committee, CSAC, along with a coalition of local government, agricultural, and environmental advocacy organizations, is renewing its opposition to the Packaging Claims and Knowledge Act (PACK Act; H.R. 6832). On September 1, the Subcommittee on Commerce, Manufacturing, and Trade advanced an amended version of the bill to the full committee. The legislation would preempt state and local governments from adopting different definitions for the terms “recyclable” and “compostable”.  

While the legislation is framed as an effort to reduce consumer confusion, CSAC is concerned that a single federal standard would not account for differences in recycling and composting systems across the country. As a result, the bill could create additional confusion, increase contamination, and raise materials management costs for local governments. 

As currently written, the PACK Act would also preempt California’s SB 343 (Chapter 57, Statutes of 2021) and AB 1201 (Chapter 504, Statutes of 2021), which established state standards for recyclable and compostable labeling, respectively. Enacted in 2021, these laws were intended to reduce confusion, contamination, and lower costs. They also helped lay the groundwork for the subsequent enactment of California’s broader packaging and producer responsibility law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act (SB 54 (Chapter 75, Statutes of 2022). 

CSAC’s staff and federal advocacy team will continue to monitor and engage in the legislation and provide updates as developments occur. 

For questions, please contact Jordan Wells, at jwells@counties.org.