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Title XVI CONSERVATION, RESOURCES AND DEVELOPMENT

Chapter 260

previous next Effective - 01 Jan 1991, see footnotebottom

  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. — 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 other material, which has been sealed by a manufacturer and which, at the 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 offer for sale in this state containers connected to each other by a separate holding device constructed of plastic rings or other plastic holding device, unless such device decomposes by photodegradation, chemical degradation or biodegradation within a two-year period of time upon exposure to the elements.  The department of natural resources shall determine which plastic holding devices satisfy the requirements of this section and shall furnish a list of acceptable types of plastic holding devices to any person upon the request of such person.

  3.  A retail or wholesale business violating this section shall be subject to a fine not to exceed one thousand dollars for a first offense, five thousand dollars for a second offense, and ten thousand dollars for a third and each subsequent offense.  If the violation is of a continuing nature, each day of the violation shall constitute an additional, separate, and distinct offense.

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(L. 1989 H.B. 438, et al. § 3)

Effective 1-01-91


---- end of effective   01 Jan 1991 ----

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