New Mexico Administrative Code
Title 12 - TRADE, COMMERCE AND BANKING
Chapter 2 - CONSUMER PROTECTION
Part 5 - REQUIREMENTS FOR ENVIRONMENTAL MARKETING CLAIMS
Section 12.2.5.18 - RECYCLABLE

A. It is an unfair or deceptive trade practice 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 use in the form of raw materials in the manufacture or assembly of a new product or package.

B. Unqualified claims of recyclability may be made only if the entire product or package, excluding minor incidental components, is recyclable. For products or packages that are made of both recyclable and non-recyclable components, the recyclable claim must be adequately qualified to avoid consumer deception about which portions or components of the product or package are recyclable. Claims of recyclability must be qualified to the extent necessary to avoid consumer deception about any limited availability of recycling programs or collection sites. If an incidental component significantly limits the ability to recycle the product or package, the claim would be deceptive. A product or package that is made of recyclable material, but because of its shape, size or some other attribute, is not accepted in recycling programs should not be marketed as recyclable. Qualification may be necessary to avoid consumer deception about the limited availability of recycling programs and collection sites if recycling collection sites are not available to a substantial majority of consumers or communities.