H-1086.1                  _______________________________________________

                                                      HOUSE BILL 1720

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Representatives J. Kohl, Horn, Rust, Flemming, Hansen, Foreman, Van Luven, Roland, L. Johnson, Edmondson, Bray and Cothern

Read first time 02/05/93.  Referred to Committee on Environmental Affairs.

Modifying labeling of rigid plastic containers.

          AN ACT Relating to plastic containers; amending RCW 70.95F.020; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 70.95F.020 and 1991 c 319 s 104 are each amended to read as follows:

          (1) ((The provisions of this section and any rules adopted under this section shall be interpreted to conform with nation-wide plastics industry standards.

          (2) Except as provided in RCW 70.95F.030(2), after January 1, 1992, no person may distribute, sell, or offer for sale in this state a plastic bottle or rigid plastic container unless the container is labeled with a code identifying the appropriate resin type used to produce the structure of the container.  The code shall consist of a number placed within three triangulated arrows and letters placed below the triangle of arrows.  The triangulated arrows 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 pointer (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:

          (a) 1. = PETE (polyethylene terephthalate)

          (b) 2. = HDPE (high density polyethylene)

          (c) 3. = V (vinyl)

          (d) 4. = LDPE (low density polyethylene)

          (e) 5. = PP (polypropylene)

          (f) 6. = PS (polystyrene)

          (g) 7. = OTHER))

(a) All rigid plastic containers and rigid plastic bottles sold in Washington may be labeled with a code that indicates the resin used to produce the rigid plastic container or rigid plastic bottle.

(b) Notwithstanding (a) of this subsection, no rigid plastic container or rigid plastic bottle shall display the recycling symbol commonly referred to as the "chasing arrows" triangle or any other symbol or term suggesting or implying recyclability unless that container meets the definition of recyclable pursuant to (c) of this subsection.

(c) A rigid plastic bottle or rigid plastic container will be deemed recyclable if it meets any one of the following three criteria:

(i) The rigid plastic bottle or rigid plastic container defined by its constituent resin type is accepted for recycling at over fifty percent of the curbside collection programs operating in the state.

(ii) The rigid plastic bottle or rigid plastic container defined by its constituent resin type is accepted for recycling wherever sold.

(iii) The rigid plastic bottle or rigid plastic container defined by its constituent resin type has a state-wide recycling rate of twenty-five percent on or after January 1, 1994, of thirty-five percent on or after January 1, 1996, and of fifty percent on or after January 1, 2001.

(d) For purposes of this section the "chasing arrows" triangle is defined as an equilateral triangle 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 pointer (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 three arrows curved at their midpoints shall depict a clockwise path.

(2) On and after January 1, 1996, it is unlawful to manufacture for use in this state any rigid plastic container that is not labeled in accordance with this section.  A violation of this section is a crime punishable by a fine of one thousand dollars.

(3) Appropriate committees of the house of representatives and senate shall review compliance with this section and shall submit a report of its evaluation to the legislature on or before January 1, 1997.

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