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.

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.