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:

   1. (a) The entire product consists of, or is made from, recycled material.
   2. (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.
2. (2) No person may represent that a product contains or is made from “post-consumer material” or “pre-consumer material” unless the use of those terms conforms to the definitions under s. ATCP 137.02 (6) and (7).
3. (3) If any person represents that a product contains or is made from “post-consumer material” or “pre-consumer material,” the representation shall clearly identify, to the nearest 5% or closer, the product’s minimum percentage content of that material, by weight. For paper products, the percentage content of post-consumer or pre-consumer material may be expressed as a percentage of fiber content rather than a percentage by weight.

4. (4) No person may represent that a product is recycled, that it contains or is made from recycled material, or that it contains or is made from “post-consumer material” or “pre-consumer material” unless both of the following apply:

   1. (a) The representation complies with s. ATCP 137.07.
   2. (b) The person can substantiate the representation under s. ATCP 137.08.

History

History: Cr. Register, January, 1994, No. 457, eff. 2-1-94.