CAP Act of 2024

This bill amends the Food, Agriculture, Conservation, and Trade Act of 1990 to establish a system to regulate compostable agricultural packaging. It creates a framework for recognizing accreditation bodies and accrediting third-party certification bodies to authorize compostable claims and instructions for consumer product packaging.

Sec. 2, Packaging and Claims Knowledge Act of 2024: This section adds a new subsection on compostable packaging to existing law. It defines key terms such as 'compostable,' 'accreditation,' 'accreditation body,' 'accredited third-party certification body,' 'claim,' 'consumer product,' 'label,' 'labeling,' 'packaging,' 'person,' 'recognized accreditation body,' and 'third-party certification body.' The Director (likely of an agency) must establish a system for recognizing accreditation bodies within 18 months and promulgate regulations for model accreditation criteria. The Secretary cannot collect fees for accreditation body applications. If no accreditation body is recognized within 4 years, the Secretary may directly accredit third-party certification bodies. The Secretary must publish lists of recognized accreditation bodies and accredited third-party certification bodies. Conflicts of interest are prohibited. Compostable claims and instructions may only be used if authorized by an accredited third-party certification body. The Secretary must work with the Federal Trade Commission on model criteria, incorporate existing standards, consider different packaging types, and cannot mandate claims or instructions. Non-consumer product packaging is exempt from these regulations. The Secretary may request records and revoke recognition of accreditation bodies that knowingly accredit non-compliant bodies. Packaging not eligible for a compostable claim cannot bear a Resin Identification Code surrounded by chasing arrows, but may bear one in an equilateral triangle. Packaging is misbranded if it knowingly bears a false or misleading compostable claim or does not conform to requirements. The Secretary has limited enforcement authority, cannot recall products or impose criminal penalties. The Secretary has primary jurisdiction over compostable claims, the FTC over other advertising matters, and they must enter a memorandum of understanding. State laws not identical to these requirements are preempted. Injunctive relief may be sought in U.S. District Court. Compliance is not required until January 1, 2028, or later if the Secretary determines additional time is needed.