Section 9-1710 - Sale of certain plastic containers prohibited without required label. - Maryland Statutes

§ 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.]