ATCP 137.04(1)(b) (b) The product decomposes completely within a reasonably short period of time compatible with normal conditions of use or disposal of the product.

ATCP 137.04(1)(c) (c) The product’s decomposition does not release any contaminant or substance at a level that violates state or federal environmental quality standards, or that is toxic to persons or the environment.

ATCP 137.04(2) (2) If a product does not meet all of the requirements under sub. (1), no person may represent that the product is degradable unless the representation is qualified to the extent necessary to avoid consumer deception.

ATCP 137.04(3) (3) No person may misrepresent, directly or by implication, any of the following:

ATCP 137.04(3)(a) (a) That a product is degradable under customary conditions of use and disposal in the area where the product is sold. If a product is not degradable under customary conditions of use and disposal, the representation shall specify the conditions of use and disposal under which the product is degradable. If a specified disposal method is not available to a substantial majority of the population in the area where the product is sold, the representation shall clearly disclose that it may not be available.

ATCP 137.04(3)(b) (b) That a product is compostable in home composting piles or devices. If composting is specified as a method of disposal, the representation shall clearly indicate whether the product can be safely and effectively composted at home.

ATCP 137.04(3)(c) (c) The rate or extent to which a product will decompose under customary conditions of use and disposal in the area where the product is sold, or under specified conditions of use and disposal.

ATCP 137.04(4) (4) A label only used at wholesale by a manufacturer of connectors for beverage containers as defined in s. 134.77 (1) (b), Stats., representing compliance with s. 134.77 (3), Stats., to packagers of beverages as defined in s. 134.77 (1) (a), Stats., does not constitute a representation, for purposes of this section, that a plastic beverage connector is degradable.

ATCP 137.04(5) (5) No person may represent that a product is degradable unless both of the following apply:

ATCP 137.04(5)(a) (a) The representation complies with s. ATCP 137.07.

ATCP 137.04(5)(b) (b) The person can substantiate the representation under s. ATCP 137.08.

ATCP 137.04 History History: Cr. Register, January, 1994, No. 457, eff. 2-1-94; am. (4), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 137.05 ATCP 137.05 Recyclability representations.

ATCP 137.05(1) (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:

ATCP 137.05(1)(a) (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.

ATCP 137.05(1)(b) (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.

ATCP 137.05(2) (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.

ATCP 137.05(3) (3) No person may misrepresent, directly or by implication, any of the following:

ATCP 137.05(3)(a) (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.

ATCP 137.05(3)(b) (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.

ATCP 137.05(4) (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.

ATCP 137.05(5) (5) No person may represent that a product is recyclable unless both of the following apply:

ATCP 137.05(5)(a) (a) The representation complies with s. ATCP 137.07.

ATCP 137.05(5)(b) (b) The person can substantiate the representation under s. ATCP 137.08.

ATCP 137.05 History History: Cr. Register, January, 1994, No. 457, eff. 2-1-94; am. (4), Register, February, 1996, No. 482, eff. 3-1-96.

ATCP 137.06 ATCP 137.06 Recycled content representations.

ATCP 137.06(1) (1) No person may represent, without qualification, that a product is recycled, or that it contains or is made from recycled material, unless at least one of the following applies:

ATCP 137.06(1)(a) (a) The entire product consists of, or is made from, recycled material.

ATCP 137.06(1)(b) (b) The representation clearly identifies, to the nearest 5% or closer, the minimum percentage by weight of the product that constitutes or is made from recycled material. For paper products, recycled content may be expressed as a percentage of fiber content in the product rather than a percentage by weight of the product.