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



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



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



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



(B)  "Recycle your used tires";



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



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



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



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



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



(e)  Motor vehicle rental companies shall be
permitted to provide a report and payment of the surcharge annually, with the
year ending December 31, rather than quarterly. [L 1993, c 209, pt of §2; am L
2002, c 191, §2]