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Alaska: sustainable packaging labelling
Alaska requires qualifying plastic bottles and rigid plastic containers to carry a resin-identification code molded or imprinted on or near the bottom. The statute prescribes the 1-7 code system and provides a specific civil-penalty and injunction route, but the code identifies resin and is not a legal guarantee of recyclability.
Executive summary
Alaska Statutes section 46.06.095 establishes a conventional resin-identification requirement. A person may not manufacture, sell or offer for sale a covered plastic bottle or rigid plastic container unless a code identifying the resin is molded or imprinted on or near the bottom. The requirement applies to bottles with a capacity from 16 fluid ounces through 5 gallons and to non-bottle rigid plastic containers from 8 fluid ounces through 5 gallons.
The statute uses the familiar seven-category system: 1 PETE, 2 HDPE, 3 V, 4 LDPE, 5 PP, 6 PS and 7 OTHER. This is a material-identification rule intended to support sorting. It does not declare that every item bearing a particular number is accepted in curbside recycling. That distinction is especially important where legacy artwork surrounds the number with chasing arrows, because consumers may interpret the graphic more broadly than the legal function of the code.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Plastic bottles | mandatory | Single-use plastic bottles from 16 fluid ounces through 5 gallons must carry the prescribed resin code. |
| Rigid plastic containers | mandatory | Single-use rigid plastic containers from 8 fluid ounces through 5 gallons must carry the code; the statutory definition excludes bottles. |
| Placement and method | mandatory | The code must be molded or imprinted on or near the bottom of the bottle or container. |
| Recyclability representation | not created by code | The mark identifies the plastic resin. Any separate recyclable claim remains subject to the FTC Act and Green Guides. |
Covered packaging and thresholds
A covered plastic bottle is designed for a single use, has a neck smaller than its body, accepts a closure and holds at least 16 fluid ounces but no more than 5 gallons. A rigid plastic container is also intended for a single use, is predominantly plastic resin, has a relatively inflexible finite shape, holds at least 8 fluid ounces but no more than 5 gallons, and is not a bottle. Capacity is therefore a legal screening criterion, not a mere production specification.
Teams should classify the empty package as manufactured, not rely on the nominal product fill without checking the statutory capacity. Components, very small containers and formats outside the definitions should be documented as outside this particular marking rule rather than assumed exempt from every environmental or product-labelling requirement.
Code content, placement and production control
The statute assigns code 1 to polyethylene terephthalate (PETE), 2 to high-density polyethylene (HDPE), 3 to vinyl (V), 4 to low-density polyethylene (LDPE), 5 to polypropylene (PP), 6 to polystyrene (PS), and 7 to other resins. The mark must be molded or imprinted on or near the bottom. A removable sticker placed elsewhere should not be treated as equivalent without a legal basis.
Material specifications and mold drawings should be controlled together. A resin substitution can turn a previously correct mold mark into a false material identifier. Change procedures should therefore require engineering to confirm the resin category, artwork or tooling to confirm the displayed code, and quality assurance to inspect legibility on production samples.
Who bears the obligation
The prohibition reaches manufacture, sale and offers for sale. This wording can expose more than the original package producer. A manufacturer controls the molded mark, but a distributor or retailer placing unmarked covered stock on the Alaska market may also fall within the statutory language. Import arrangements should identify who obtains resin data, verifies capacity and controls tooling before shipment.
The department may establish code content and design consistent with federal requirements and, pending such federal requirements, the statute references the industry code. Businesses should use the current statutory text and any current agency rule rather than rely solely on a decades-old mold library.
What the resin code does not mean
A resin-identification code answers a composition question. It does not establish that local programs collect the item, that sortation equipment recognizes its format, that end markets exist or that the package will be recycled in practice. An unqualified recyclable statement is a separate representation assessed under the FTC Green Guides, including the availability of appropriate recycling facilities to consumers where the item is sold.
This separation should be explicit in web content and package approvals. “Code required” and “recyclable claim substantiated” are different fields. The Alaska statute may compel a legacy chasing-arrows-style code while federal claims analysis may require qualification of any broader recycling message.
Enforcement and compliance checklist
A violation carries a civil penalty of up to $50. A series of related violations may not exceed $500, and the superior court may grant injunctive relief. The low numerical ceiling should not be treated as permission to ignore the rule: injunctions, stock correction, customer requirements and the cost of retooling can be more consequential than the stated civil amount.
Before sale, confirm the package falls within a bottle or rigid-container definition, record capacity, obtain the resin specification, select the correct 1-7 code, verify molded or imprinted placement near the bottom, and inspect production samples. Review any additional recycling language separately under federal law.
Primary sources and verification
Alaska Legislature. Chapter 61, SLA 1990, enacting the plastic-container coding requirement. Official session law
Alaska Statutes. Section 46.06.095, plastic resin identification codes. Current consolidated text
Federal Trade Commission. Green Guides, 16 CFR Part 260. Official guidance and regulatory text
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
Capacity, product form and manufacturing method should be checked against the current statute. Last verified: 21 August 2026.