To clarify without using the word ‘waste’ into two simple bullets:

1. Destruction is conversion of any usable product X to any non-X form (even if the new form is usable).

2. Destruction is prohibited (for large businesses, right now).

Usable is not perfectly defined and will be a judgment call, but one can construct a common sense set of ‘what is unusable?’ definitions that an inspector or judge would accept — so long as sellers have not explicitly caused such outcomes:

- Product lacks structural integrity (a loose thread doesn’t count, a missing sleeve does count)

- Product is contaminated (tried on and didn’t fit doesn’t count, motor oil stains does count)

- Product is unsafe (tried on and didn’t fit doesn’t count, underwear returned with safety liner removed may count, product has been worn for more than try-on period may count)

Note that, for example, the EU is likely to say ‘launder it first, then donate it’ for products that are worn and returned but can be safely donated after laundering; so they are specifically aware of some of the loopholes that corps will aim for first.