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Florida: sustainable packaging labelling
Florida requires a molded 1-7 resin-identification label on covered single-use plastic bottles and rigid containers. It separately requires manufacturers and distributors making environmental representations to maintain substantiating records available to the Department of Legal Affairs, and criminalizes false environmental representations.
Executive summary
Florida regulates both physical resin marking and the evidence behind environmental claims. Section 403.708(7) prohibits distribution, sale or exposure for sale of a single-use plastic bottle or rigid container unless it has a molded label identifying the resin. The mark appears on or near the bottom, is clearly visible and uses the detailed chasing-arrows triangle, number and material letters. Bottles under 16 ounces and rigid containers under 8 ounces are exempt from this subsection.
Section 403.7193 addresses a different risk. A person that manufactures or distributes a consumer product and represents in advertising, on the label or on the container that it is environmentally beneficial or harmless must maintain records supporting the representation. The statute lists terms such as environmentally friendly, recyclable, recycled, biodegradable, photodegradable and ozone friendly, and reaches similar terms. The Department of Legal Affairs may request the records at any time. A false representation is a first-degree misdemeanor subject to the statutory fine.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Single-use plastic resin code | mandatory | Covered bottles and rigid containers carry a molded, clearly visible 1-7 chasing-arrows code on or near the bottom. |
| Small-format exemption | in force | Plastic bottles under 16 ounces and rigid plastic containers under 8 ounces are exempt from the resin-mark subsection. |
| Environmental-claim records | mandatory when claim made | A manufacturer or distributor making listed or similar environmental representations must maintain records supporting validity. |
| False environmental representation | prohibited | A false representation is a first-degree misdemeanor punishable by the fine provided in section 775.083. |
Resin-code design and scope
The resin label must be molded into the covered single-use package, located on or near its bottom and clearly visible. It consists of a number within an equilateral triangle formed by three curved arrows and letters below. The categories are 1 PETE, 2 HDPE, 3 V, 4 LDPE, 5 PP, 6 PS and 7 OTHER. A sticker or a code printed elsewhere should not be treated as equivalent to the prescribed molded label.
The subsection expressly exempts plastic bottles below 16 ounces, rigid plastic containers below 8 ounces and plastic casings on lead-acid storage batteries. The text does not create a general exemption merely because the product is imported or the package is recyclable. Capacity, single-use intent, rigidity and package type should be documented.
Environmental representations and supporting records
The recordkeeping duty is triggered when the manufacturer or distributor makes a representation that the consumer product is not harmful to or is beneficial to the environment. The non-exhaustive statutory examples include “environmentally friendly,” “ecologically sound,” “environmentally safe,” “recyclable,” “recycled,” “biodegradable,” “photodegradable” and “ozone friendly.” Qualifying language and symbols should be reviewed as part of the overall representation.
The records must document and support validity, and the Department of Legal Affairs may request copies at any time. This is not a preapproval or registration system. The business remains responsible for forming a defensible evidentiary basis before publication and preserving it for the life of the claim and relevant enforcement period.
Retailer exception and recycling-instruction boundary
A wholesaler or retailer that did not initiate the representation through advertising or package placement is not deemed to have made it for purposes of section 403.7193. That protection is fact-dependent. A retailer that develops private-label artwork, adds a shelf claim, repeats the statement in advertising or materially edits supplier content may no longer fit the passive-retailer description.
The section excludes instructions for recycling on a label or container. This should be read narrowly. A neutral direction such as “remove cap before recycling” can be an instruction, while “100% recyclable everywhere” is an environmental representation. Combining an instruction with promotional language may bring the overall statement within the recordkeeping rule.
Substantiation, federal interaction and enforcement
Florida does not replace the FTC Green Guides. Evidence should address the claim actually communicated: facility access and material acceptance for recyclable claims; chain of custody and calculation method for recycled content; scientific testing and disposal conditions for degradability or compostability; and a defined comparative baseline for improvement claims. The required resin symbol alone is not that evidence.
A false environmental representation by a manufacturer or distributor is a first-degree misdemeanor punishable by the fine provided in section 775.083. Resin-mark enforcement arises under the Department of Environmental Protection’s solid-waste authority, while environmental-representation records are requestable by the Department of Legal Affairs. These are separate routes and should not be collapsed into one regulator or penalty.
Practical compliance checklist
For the resin rule, classify the format, measure capacity, verify single-use status, select the correct resin category and inspect the molded code near the bottom. For claims, build a claim register covering package text, symbols, websites and advertising; identify the claim owner; retain technical, chain-of-custody and market-access evidence; and record any qualification.
Review passive-retailer status rather than assuming it, and distinguish disposal instructions from promotional claims. When national artwork carries a required chasing-arrows code, assess whether adjacent wording creates a broader recyclable representation that requires records under Florida law and substantiation under federal law.
Primary sources and verification
Florida Legislature. Florida Statutes section 403.708(7), resin-identification requirement. Official statutory text
Florida Legislature. Florida Statutes section 403.7193, environmental representations. Official statutory text
Florida Legislature. Florida Statutes section 775.083, fines. Official statutory 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
Florida’s molded resin mark and claim-evidence duty should be managed as separate controls. Last verified: 21 August 2026.