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Texas: sustainable packaging labelling
Texas prohibits manufacture or distribution of covered plastic bottles and rigid plastic containers unless the appropriate 1-7 chasing-arrows resin symbol is molded into or imprinted on or near the bottom. The Texas Commission on Environmental Quality maintains the symbol list.
Executive summary
Chapter 369 of the Texas Health and Safety Code is a manufacture-and-distribution control, not merely a retail-sale rule. Section 369.002(a) provides that a person may not manufacture or distribute a plastic bottle or rigid plastic container unless the appropriate symbol indicating the plastic resin used to produce the bottle or container is molded into or imprinted on the bottom or near the bottom. A base cup or other component of a different material does not change the coding of the basic container material.
The prescribed symbol is the traditional equilateral triangle of three clockwise arrows around a number, with letters below. The Texas Commission on Environmental Quality maintains the list of symbols and may approve another nationally or internationally recognised coding system for specified motor-vehicle special-purpose containers. The symbol identifies resin. It is not a finding that the package is recyclable in Texas.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Covered plastic bottle or rigid container | mandatory | The 1-7 chasing-arrows symbol is molded into or imprinted on or near the bottom. |
| Size thresholds | in force | Plastic bottles of not less than 16 fluid ounces or more than five gallons, and rigid plastic containers of not less than eight ounces or more than five gallons, are in scope. |
| Motor-vehicle special-purpose exception | commission approval | The Commission may approve another nationally or internationally recognised coding system for specified motor-vehicle components. |
| Voluntary environmental claim | claim-dependent | Claims remain subject to the FTC Green Guides and generally applicable Texas deceptive-trade law. |
Covered bottles and rigid containers
Section 369.001 defines a “plastic bottle” as a plastic container that has a neck smaller than the body, is designed for a screw top, snap cap or other closure, and has a capacity of not less than 16 fluid ounces or more than five gallons. A “rigid plastic container” is a formed or molded container, other than a plastic bottle, that is intended for single use, composed predominantly of plastic resin, has a relatively inflexible finite shape or form, and has a capacity of not less than eight ounces or more than five gallons.
Texas drafting of the capacity phrase includes the five-gallon end of the range. Classification should use the finished article’s neck geometry, single-use intent, rigidity and measured capacity. A printed paper label that is not molded into or imprinted on the bottom does not satisfy subsection (a).
Required symbol and placement
Section 369.002(c) requires a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle must be equilateral, formed by three arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The arrowhead of each arrow must be at the midpoint of each side of the triangle, with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the arrows must depict a clockwise path around the number.
The numbers and letters are 1 PETE, 2 HDPE, 3 V, 4 LDPE, 5 PP, 6 PS and 7 OTHER, including layered plastics of a combination of materials. Placement is the bottom or near the bottom. The Commission shall maintain a list of the symbols and provide a copy to any person on request.
Manufacture, distribution and the Commission list
Unlike many sister-state resin statutes that speak only of sale or offer for sale, Texas names manufacture and distribution. A converter or brand owner that manufactures covered empty packaging for the Texas market is therefore within the prohibition even before retail display. Title 30 Texas Administrative Code section 328.121 confirms that the Commission’s implementing sections apply to persons involved in manufacturing or distributing a plastic bottle or rigid plastic container regulated under chapter 369.
The motor-vehicle special-purpose route in subsection (e) is narrow. It is an approved alternative coding system for special-purpose plastic bottles or rigid plastic containers that are components of motor vehicles, not a general exemption for consumer packaging.
Claims and neighbouring regimes
The required symbol identifies the resin used to produce the bottle or container. It does not substantiate an unqualified recyclable claim. Texas was not identified as having a packaging-specific compostability presentation statute or a statewide beverage-container deposit programme. Voluntary environmental representations remain subject to the Green Guides and the Texas Deceptive Trade Practices-Consumer Protection Act.
Practical artwork checklist
Apply the section 369.001 definitions, including the 16-ounce and eight-ounce thresholds and the five-gallon end of the range. Confirm that manufacture or distribution into Texas is covered. Inspect a molded or imprinted 1-7 chasing-arrows symbol on or near the bottom. Code mixed base cups by the basic container material. Do not treat the Commission list as a recyclability schedule.
Primary sources and verification
Texas Legislature. Health and Safety Code chapter 369, plastic containers. Official statutes
Justia. Tex. Health and Safety Code section 369.002, symbols for certain plastic containers. Current consolidated text
Texas Public Law. Tex. Health and Safety Code section 369.001, definitions. Consolidated definitions
Cornell Legal Information Institute. 30 Tex. Admin. Code section 328.121, applicability. Commission rule
Plastics Industry Association. State plastic resin identification code survey, hosted by Oregon DEQ. Comparative survey
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
Manufacture and distribution are both controlled. Last verified: 21 August 2026.