1. In this section unless the context otherwise requires:
a. "Label" means a molded imprint or raised symbol on or near the bottom of a plastic product.
b. "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow.
c. "Plastic bottle" means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap, or other closure, and has a capacity of sixteen fluid ounces or more, but less than five gallons.
d. "Rigid plastic container" means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible infinite shape or form with a capacity of eight ounces or more, but less than five gallons.
2. Beginning July 1, 1992, a person shall not distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the product is labeled with a code indicating the plastic resin used to produce the bottle or container. Rigid plastic bottles or rigid plastic containers with labels and basecups of a different material shall be coded by their basic material. The code shall consist of a number placed within a triangle of arrows and letters placed below the triangle of arrows. The triangle shall 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 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. The triangle, formed by the three arrows curved at their midpoints, shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:
a.1. -PETE (polyethylene terephthalate)
b.2. -HDPE (high density polyethylene)
c.3. -V (vinyl)
d.4. -LDPE (low density polyethylene)
e.5. -PP (polypropylene)
f.6. -PS (polystyrene)
g.7. -OTHER (includes multilayer)
3. The department shall maintain a list of the label codes provided in subsection 2 and shall provide a copy of that list to any person upon request.
4. A container manufacturer or distributor who violates this section is subject to a civil penalty of not more than five hundred dollars for each violation.
89 Acts, ch 272, § 12
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