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to mean that composting facilities accepting the bags are available in their area. To avoid deception, the claim should be qualified to indicate the limited availability of such programs, for example, by stating “Appropriate facilities might not exist in your area.’’ Other examples of adequate qualification of the claim include providing the approximate percentage of communities or the population for which such programs are available.

Example 5

A manufacturer sells a disposable diaper that bears the legend “This diaper can be composted where solid waste composting facilities exist. There are currently [X number of] solid wastes composting facilities across the country.’’ The claim is not deceptive, assuming that composting facilities are available as claimed and the manufacturer can substantiate that the diaper can be converted safely to usable compost in solid waste composting facilities.

Example 6

A manufacturer markets yard trimmings bags only to consumers residing in particular geographic areas served by county yard trimmings composting programs. The bags meet specifications for these programs and are labeled “Compostable Yard Trimmings Bag for County Composting Programs.’’ The claim is not deceptive. Because the bags are compostable where they are sold, no qualification is required to indicate the limited availability of composting facilities.

Recyclable

It is deceptive to misrepresent, directly or by implication, that a product or package is recyclable. A product or package should not be marketed as recyclable unless it can be collected; separated or otherwise recovered from the solid waste stream for reuse; or in the manufacture or assembly of another package or product through an established recycling program. Unqualified claims of recyclability for a product or package might be made if the entire product or package, excluding minor incidental components, is recyclable. For products or packages made of both recyclable and nonrecyclable components, the recyclable claim should be adequately qualified to avoid consumer deception about which portions or components of the product or package are recyclable. Claims of recyclability should be qualified to the extent necessary to avoid consumer deception about any limited availability of recycling programs and collection sites. If an incidental component significantly limits the ability to recycle a product or package, a claim of recyclability would be

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