GENERAL ASSEMBLY OF NORTH CAROLINA
1991 SESSION
CHAPTER 236
AN ACT TO PERMIT RECYCLABLE PLASTIC YOKES OR RING TYPE HOLDING DEVICES.
The General Assembly of North Carolina enacts:
Section 1. G.S. 14-399.2 reads as rewritten:
"§
14-399.2. Prohibition of nondegradable plastic yokes or ring type
holding devices. Certain plastic yoke and ring type holding devices
prohibited.
(a) As used in this section,
'Degradable' section:
(1) 'Degradable'
means that within one year after being discarded, the yoke or ring type
holding device is capable of becoming embrittled and/or or decomposing
by photodegradation, biodegradation, or chemo-degradation under average
seasonal conditions into components other than heavy metals or other toxic substances
as prescribed by the Resource Conservation and Recovery Act of 1976, Pub. L.
94-580, 90 Stat. 2795, 42 U.S.C. § 6901 et seq., as amended. substances.
(2) 'Recyclable' means that the yoke or ring type holding device is capable of being collected and processed for reuse as a product or raw material.
(b) No person may sell or
distribute for sale in this State any container connected to another by a yoke
or ring type holding device constructed of plastic which is not degradable. that
is neither degradable nor recyclable. No person may sell or distribute
for sale in this State any container connected to another by a yoke or ring
type holding device constructed of plastic that is recyclable but that is not
degradable unless such device does not have an orifice larger than one and
one-half inches. The manufacturer of such a degradable yoke
or ring type holding device shall use a emboss or mark the device
with a nationally recognized symbol that shall be embossed on the yoke
or ring type holding device for inspection indicating that the device is
degradable. The manufacturer of a recyclable yoke or ring type holding
device shall emboss or mark the device with a symbol of the type specified in
G.S. 130A-309.10(e) indicating the plastic resin used to produce the device and
that the device is recyclable. The manufacturer shall register the
symbol with the Secretary of State with a sample of the device.
(c) Any person who sells or distributes for sale a yoke or ring type holding device in violation of this section shall be guilty of a misdemeanor punishable by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). In lieu of a fine or any portion thereof or in addition to a fine, any violation of this section may also be punished by a term of community service.
(d) Other than a manufacturer required to use and register a symbol under subsection (b), a person may not be prosecuted under this section if, at the time of sale or distribution for sale, the yoke or holding device bears a symbol meeting the requirements of this section which has been registered with the Secretary of State."
Sec. 2. This act becomes effective 1 October 1991.
In the General Assembly read three times and ratified this the 6th day of June, 1991.
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James C. Gardner
President of the Senate
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Daniel Blue, Jr.
Speaker of the House of Representatives