49-834

49-834. Use of recycled newsprint

A. Every consumer of newsprint in this state shall ensure that the newsprint
purchased by that consumer in a fiscal year contains an average of at least forty per
cent recycled-content newsprint if all of the following apply:

1. Recycled-content newsprint is available at a comparable price to that of
newsprint made from virgin material.

2. The recycled-content newsprint meets the reasonable quality requirements of the
consumer of newsprint.

3. The recycled-content newsprint is available within a reasonable period of time.

B. In subsection A, paragraph 1, "comparable price" means a price within five per
cent of the price of newsprint made from virgin material.

C. Each consumer of newsprint within this state, on or before September 1 of each
year, shall certify to the director the number of tons of newsprint purchased during the
preceding July 1 through June 30 fiscal year and the number of tons of recycled-content
newsprint purchased during the preceding July 1 through June 30 fiscal year. Every
consumer of newsprint who submits recycled-content newsprint purchase certification
pursuant to this subsection may be audited to ensure that the recycled-content newsprint
was purchased.

D. Each supplier of newsprint shall certify the amounts of recycled-content
newsprint contained in each shipment of newsprint to each consumer of newsprint. If a
shipment contains no recycled-content newsprint, the supplier shall certify that fact.

E. If a consumer of newsprint is unable to obtain sufficient amounts of
recycled-content newsprint within any reporting period because recycled-content newsprint
was not available at a comparable price to that for virgin material, it failed to meet
the reasonable quality requirements of the consumer of newsprint or it was not available
within a reasonable period of time, the consumer of newsprint shall so certify to the
director and provide the director with the specific reasons for failing to purchase
recycled-content newsprint as prescribed by subsection A.

F. The director shall develop and maintain a list which identifies every consumer
of newsprint and every person who supplies a consumer of newsprint with newsprint in this
state. The director may use information from local business permits, trade publications
or any other source to develop the list.

G. If a person provides a consumer of newsprint with a false or misleading
certificate concerning the recycled content of the delivered newsprint pursuant to
subsection D, the director within thirty days of making this determination shall refer
the false or misleading certificate to the attorney general for prosecution for
fraud. If a consumer of newsprint provides the director with a false or misleading
certificate concerning the percentage of recycled-content newsprint purchased pursuant to
subsection C, the director within thirty days of making this determination shall refer
the false or misleading certificate to the attorney general for prosecution for
fraud. If a consumer of newsprint provides the director with a false or misleading
certificate concerning why the consumer of newsprint was unable to obtain the minimum
amounts of recycled-content newsprint pursuant to subsection E, the director within
thirty days of making this determination shall refer the false or misleading certificate
to the attorney general for prosecution for fraud. Specific information on newsprint
prices included as part of a certificate submitted to the director by newsprint consumers
or suppliers of newsprint is proprietary information and shall not be made available to
the general public. A person who violates this section is subject to a civil penalty of
not more than one thousand dollars.