Personal Care Packaging, RIC, and Recyclability
Personal Care Packaging, RIC, and Recyclability
Question
I have several questions regarding personal care and cosmetic packaging, resin identification code, and recyclability.
- Is it absolutely mandatory in the United States to have a resin identification code on all plastic cosmetic containers for products sold across the US?
- Is it mandatory to indicate resin identification code on containers made of PET or HDPE, both widely recyclable and acceptable by most recycling programs, including California (SB 54)?
- If the PET container has ink engravings on it, would it qualify as "recyclable" under the CA SB 343 statute?
Answer
- Not necessarily. There are no Federal laws governing the use of a resin identification code (RIC), but over 30 states require the use of an RIC on plastic bottles and rigid plastic containers. Generally, the laws apply to bottles or containers with a capacity between eight ounces and five gallons. As such, containers or bottles outside that range are not required to bear an RIC.
- As noted above, the RIC is required on containers that meet the size range, and also qualify as rigid. Thus, films or other non-rigid containers are not covered, although some companies do use the RIC on such containers. To the extent that a container must be labeled, then yes, containers predominantly made of PET or HDPE must be identified. Please note that an RIC is merely a material identification scheme and does not indicate recyclability. This includes in California where SB 343 (not SB 54) confirms that the RIC must be used, but only if it is in a solid triangle not one made of chasing arrows. In California, if the RIC is placed inside a chasing arrows symbol, then the rigid plastic bottle or rigid plastic container must meet the state’s requirements for demonstrating widespread recyclability. HDPE and PET are not currently deemed to be widely recyclable in the state, and there is an ongoing rulemaking to determine whether these materials will be allowed to have an RIC with chasing arrows, but an RIC with a solid triangle is allowable.
- This is a complex question that cannot be addressed without understanding whether the ink is a contaminant in the recycling stream. It also depends on the amount of ink on the container and other considerations. Industry organizations, such as the Association of Plastic Recyclers, may be able to provide more information on the role of appropriate inks to allow certain materials to qualify as recyclable.
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