§342I-23  Motor vehicle tires; collectionfor recycling.  (a)  Each tire retailer shall:

(1)  Accept, at the point of transfer, in a quantityat least equal to the number of new motor vehicle tires purchased by acustomer, motor vehicle tires offered by the customer.

(2)  Post written notice which shall be at least fiveinches by seven inches in size and easily visible to customers and shallcontain the universal recycling symbol and the following language:

(A)  "It is illegal to discard a motorvehicle tire";

(B)  "Recycle your used tires";

(C)  "State law requires us to accept usedmotor vehicle tires for recycling or disposal, in exchange for new tirespurchased"; and

(D)  "The final price of a new tireincludes disposal of your old tire.  The disposal fee is not subject toreduction or refund."

(b)  The department of health shall produce,print, and distribute the notices required by subsection (a)(2) to eachretailer; provided that a retailer instead may use any sign or notice thatmeets the requirements of that subsection.

(c)  Any advertising pertaining to the price ofmotor vehicle tires shall disclose whether a separate disposal fee may be addedto the final price of the tire and the actual cost of the disposal fee.

(d)  For businesses utilizing advertisingprepared out of the State a sign no smaller than three square feet, placed atthe point of sale stating:  "The price of tires includes disposal of yourold tires" may be substituted.

(e)  Motor vehicle rental companies shall bepermitted to provide a report and payment of the surcharge annually, with theyear ending December 31, rather than quarterly. [L 1993, c 209, pt of §2; am L2002, c 191, §2]