1. As used in this section, the following terms mean:

(1) “Label”, a molded imprint or raised symbol on or near the bottom of a plastic product;

(2) “Person”, an individual, sole proprietor, partnership, association, corporation or other legal entity;

(3) “Plastic”, any material made of polymeric organic compounds and additives that can be shaped by flow;

(4) “Plastic bottle”, a plastic container that has a neck that is smaller than the body of the container, accepts a screwtype, snap cap or other closure and has a capacity of sixteen fluid ounces or more, but less than five gallons;

(5) “Rigid plastic container”, any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces or more but less than five gallons.

2. Beginning January 1, 1992, no retail or wholesale business shall distribute, sell or offer for sale in this state any plastic bottle or rigid plastic container or any product in such a bottle or container unless the product bottle or container 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:

(1) “1” – PETE (polyethylene terephthalate);

(2) “2” – HDPE (high density polyethylene);

(3) “3” – V (vinyl);

(4) “4” – LDPE (low density polyethylene);

(5) “5” – PP (polypropylene);

(6) “6” – PS (polystyrene);

(7) “7” – OTHER (includes multi-layer).

3. The department of natural resources shall determine through rules and regulations which plastic containers may be exempt from the labeling requirements including, but not limited to:

(1) Readily identifiable plastic containers;

(2) Plastic containers for which there is no technological capability for recycling, reclamation or reuse;

(3) Plastic containers for which recycling, reclamation or reuse is not economically feasible; and

(4) Plastic containers of a capacity less than a specified minimum size as determined by the department of agriculture.

4. The department may by rule modify the codes established in this section and may create additional codes to reflect technological changes in the production, marketing and recycling of plastic containers.

5. Any person who violates subsection 2 of this section shall be guilty of a class A misdemeanor. Each day of violation constitutes a separate offense.