Section 9-1710 - Sale of certain plastic containers prohibited without required label.
§ 9-1710. Sale of certain plastic containers prohibited without required label.
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Container" means any rigid plastic container or plastic bottle.
(3) "Label" means a molded, imprinted, or raised symbol located on or near the bottom of a container.
(4) "Plastic bottle" means a plastic container intended for single use that:
(i) Has a neck that is smaller than the container;
(ii) Accepts a screw-type, snap cap, or other similar closure; and
(iii) Has a capacity of at least 16 fluid ounces but less than 5 gallons.
(5) "Rigid plastic container" means any formed or molded container, other than a bottle that:
(i) Is intended for single use;
(ii) Is predominantly composed of plastic resin;
(iii) Has a relatively inflexible finite shape or form; and
(iv) Has a capacity of at least 8 ounces but less than 5 gallons.
(b) Label required.- A person may not distribute for sale in the State any container unless the container is labeled indicating the plastic resin used to produce the container.
(c) Label requirements.-
(1) The label required under subsection (b) of this section shall:
(i) Appear on or near the bottom of the container;
(ii) Be clearly visible; and
(iii) Consist of:
1. A number placed within 3 arrows forming a triangle as described in paragraph (2) of this subsection; and
2. Letters placed below the triangle of arrows.
(2) (i) The 3 arrows shall form an equilateral triangle with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius.
(ii) The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow.
(iii) The triangle formed by the 3 arrows curved at their midpoints shall depict a clockwise path around the code number.
(3) The numbering and lettering shall be as follows:
(i) For polyethylene terepthalate, the letters "PETE" and the number 1;
(ii) For high density polyethylene, the letters "HDPE" and the number 2;
(iii) For vinyl, the letter "V" and the number 3;
(iv) For low density polyethylene, the letters "LDPE" and the number 4;
(v) For polypropylene, the letters "PP" and the number 5;
(vi) For polystyrene, the letters "PS" and the number 6; and
(vii) For any other plastic resin, the word "Other" and the number 7.
(d) Penalties.- Any person who knowingly and willfully distributes for sale a container in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 per violation.
(e) Regulations.- The Department shall adopt regulations to administer and enforce the provisions of this section.
[1991, ch. 599; 1992, ch. 22, § 1.]