65-3425. Plastic bottles and containers; labeling requirements; violations; penalties.
65-3425
65-3425. Plastic bottles and containers; labeling requirements;violations; penalties.(a) As used in this section:
(1) "Code" means a molded, imprinted or raised symbol.
(2) "Person" means any individual, association, partnership, limitedpartnership, corporation or other entity.
(3) "Plastic" means any material made of polymeric organic compounds andadditives that can be shaped by flow.
(4) "Plastic bottle" means a plastic container which: (A) Has a neckthat is smaller than the body of the container; (B) accepts a screw-type,snap-cap or other closure; and (C) has a capacity of 16 fluid ounces ormore but less than five gallons.
(5) "Rigid plastic container" means any formed or molded container otherthan a bottle, intended for single use, composed predominantly of plasticresin and having a relatively inflexible finite shape or form with acapacity of eight ounces or more but less than five gallons.
(b) On or after July 1, 1994, no person shall distribute, sell or offerfor sale in this state any plastic bottle or rigid plastic container,unless it is labeled with acode indicating the plastic resin used to produce the bottle or container.The code shallappear on or near the bottom of the bottle or container. The code used forplastic bottles or rigid plastic containers with labels and basecups of adifferent material shall be determined by the basic materialofthe bottle or container.The code shallconsist of a number placed within a triangle of arrows and letters placedbelow the triangle of arrows. The triangle shall be equilateral, formed bythree arrows with the apex of each point of the triangle at the midpoint ofeach arrow, rounded with a short radius. The arrowhead of each arrow shallbe at the midpoint of each side of the arrow. The triangle, formed by thethree arrows curved at their midpoints, shall depict a clockwise patharound the code number. The numbers and letters used shall be as follows:1 = PETE (polyethylene terephthalate), 2 = HDPE (high densitypolyethylene), 3 = V (vinyl), 4 = LDPE (low density polyethylene), 5 = PP(polyprophylene), 6 = PS (polystyrene), 7 = OTHER.
(c) If the attorney general or county or district attorney has reason tobelieve that a person isviolating the provisions of this section, the attorney general or county ordistrict attorney shall givethe person written notice thereof. If, after such notice is given, theattorney general or county or district attorney has reason to believe that theperson is continuing toviolate the provisions of this section, the attorney general or county ordistrict attorney may bring anaction to enjoin the violation and to recover a civil penalty of $50 foreach violation but not exceeding a total of $500. Any such penalty recovered bythe attorney general shall be deposited in the state treasury and credited tothe state general fund. Any such penalty recovered by the county or districtattorney shall be deposited in the general fund of the county in which theviolation occurred.
History: L. 1993, ch. 57, § 1; July 1.