260.280. Container defined--plastic ring or holding device must be biodegradable within two years--acceptable rings or holding device, department to furnish list--violations, penalty--effective when.
Container defined--plastic ring or holding device must bebiodegradable within two years--acceptable rings or holding device,department to furnish list--violations, penalty--effective when.
260.280. 1. As used in this section and section 260.281,the term "container" means any glass, metal or plastic bottle,can, jar or other receptacle for holding liquid, powder or othermaterial, which has been sealed by a manufacturer and which, atthe time of sale, contains less than one gallon of such liquid,powder or other material.
2. Beginning January 1, 1991, no person may sell or offerfor sale in this state containers connected to each other by aseparate holding device constructed of plastic rings or otherplastic holding device, unless such device decomposes byphotodegradation, chemical degradation or biodegradation within atwo-year period of time upon exposure to the elements. Thedepartment of natural resources shall determine which plasticholding devices satisfy the requirements of this section andshall furnish a list of acceptable types of plastic holdingdevices to any person upon the request of such person.
3. A retail or wholesale business violating this sectionshall be subject to a fine not to exceed one thousand dollars fora first offense, five thousand dollars for a second offense, andten thousand dollars for a third and each subsequent offense. Ifthe violation is of a continuing nature, each day of theviolation shall constitute an additional, separate, and distinctoffense.
(L. 1989 H.B. 438, et al. § 3)Effective 1-1-91