A. No person shall distribute, receive for sale or offer for sale in this state any plastic bottle or rigid plastic container unless such container is labeled with a code identifying the appropriate resin type used to produce the structure of the container.

B. The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows 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 pointer (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:

1. = PETE (polyethylene terephthalate);

2. = HDPE (high density polyethylene);

3. = V (vinyl);

4. = LDPE (low density polyethylene);

5. = PP (polypropylene);

6. = PS (polystyrene);

7. = OTHER.

C. The Department shall maintain a list of the label codes provided in subsection B of this section and shall provide a copy of that list to any person upon request.

D. The Board may promulgate by rule a different plastic container labeling system than the one specified in this statute if there is any change in the nationally recognized standard codified herein.

E. Any person convicted of violating the provisions of the Plastic Container Labeling Act shall be guilty of a misdemeanor.

Added by Laws 1990, c. 121, § 2, eff. Sept. 1, 1990. Amended by Laws 1993, c. 145, § 203, eff. July 1, 1993. Renumbered from Title 63, § 3001.2 by Laws 1993, c. 145, § 359, eff. July 1, 1993.