State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-399_2

§ 14‑399.2.  Certainplastic yoke and ring type holding devices prohibited.

(a)        As used in thissection:

(1)        "Degradable"means that within one year after being discarded, the yoke or ring type holdingdevice is capable of becoming embrittled or decomposing by photodegradation,biodegradation, or chemo‑degradation under average seasonal conditionsinto components other than heavy metals or other toxic substances.

(2)        "Recyclable"means that the yoke or ring type holding device is capable of being collected andprocessed for reuse as a product or raw material.

(b)        No person may sellor distribute for sale in this State any container connected to another by ayoke or ring type holding device constructed of plastic that is neitherdegradable nor recyclable.  No person may sell or distribute for sale in thisState any container connected to another by a yoke or ring type holding deviceconstructed of plastic that is recyclable but that is not degradable unlesssuch device does not have an orifice larger than one and three‑fourthsinches.  The manufacturer of a degradable yoke or ring type holding deviceshall emboss or mark the device with a nationally recognized symbol indicatingthat the device is degradable.  The manufacturer of a recyclable yoke or ringtype holding device shall emboss or mark the device with a symbol of the typespecified in G.S. 130A‑309.10(e) indicating the plastic resin used toproduce the device and that the device is recyclable.  The manufacturer shallregister the symbol with the Secretary of State with a sample of the device.

(c)        Any person whosells or distributes for sale a yoke or ring type holding device in violationof this section shall be guilty of a Class 3 misdemeanor punishable by a fineof not less than fifty dollars ($50.00) nor more than two hundred dollars($200.00).  In lieu of a fine or any portion thereof or in addition to a fine,any violation of this section may also be punished by a term of communityservice.

(d)        Other than amanufacturer required to use and register a symbol under subsection (b), aperson may not be prosecuted under this section if, at the time of sale ordistribution for sale, the yoke or holding device bears a symbol meeting therequirements of this section which has been registered with the Secretary ofState. (1989, c. 371; 1991, c. 236, c. 621, s. 14; 1993, c.539, s. 268; 1994, Ex. Sess., c. 24, s. 14(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-399_2

§ 14‑399.2.  Certainplastic yoke and ring type holding devices prohibited.

(a)        As used in thissection:

(1)        "Degradable"means that within one year after being discarded, the yoke or ring type holdingdevice is capable of becoming embrittled or decomposing by photodegradation,biodegradation, or chemo‑degradation under average seasonal conditionsinto components other than heavy metals or other toxic substances.

(2)        "Recyclable"means that the yoke or ring type holding device is capable of being collected andprocessed for reuse as a product or raw material.

(b)        No person may sellor distribute for sale in this State any container connected to another by ayoke or ring type holding device constructed of plastic that is neitherdegradable nor recyclable.  No person may sell or distribute for sale in thisState any container connected to another by a yoke or ring type holding deviceconstructed of plastic that is recyclable but that is not degradable unlesssuch device does not have an orifice larger than one and three‑fourthsinches.  The manufacturer of a degradable yoke or ring type holding deviceshall emboss or mark the device with a nationally recognized symbol indicatingthat the device is degradable.  The manufacturer of a recyclable yoke or ringtype holding device shall emboss or mark the device with a symbol of the typespecified in G.S. 130A‑309.10(e) indicating the plastic resin used toproduce the device and that the device is recyclable.  The manufacturer shallregister the symbol with the Secretary of State with a sample of the device.

(c)        Any person whosells or distributes for sale a yoke or ring type holding device in violationof this section shall be guilty of a Class 3 misdemeanor punishable by a fineof not less than fifty dollars ($50.00) nor more than two hundred dollars($200.00).  In lieu of a fine or any portion thereof or in addition to a fine,any violation of this section may also be punished by a term of communityservice.

(d)        Other than amanufacturer required to use and register a symbol under subsection (b), aperson may not be prosecuted under this section if, at the time of sale ordistribution for sale, the yoke or holding device bears a symbol meeting therequirements of this section which has been registered with the Secretary ofState. (1989, c. 371; 1991, c. 236, c. 621, s. 14; 1993, c.539, s. 268; 1994, Ex. Sess., c. 24, s. 14(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-399_2

§ 14‑399.2.  Certainplastic yoke and ring type holding devices prohibited.

(a)        As used in thissection:

(1)        "Degradable"means that within one year after being discarded, the yoke or ring type holdingdevice is capable of becoming embrittled or decomposing by photodegradation,biodegradation, or chemo‑degradation under average seasonal conditionsinto components other than heavy metals or other toxic substances.

(2)        "Recyclable"means that the yoke or ring type holding device is capable of being collected andprocessed for reuse as a product or raw material.

(b)        No person may sellor distribute for sale in this State any container connected to another by ayoke or ring type holding device constructed of plastic that is neitherdegradable nor recyclable.  No person may sell or distribute for sale in thisState any container connected to another by a yoke or ring type holding deviceconstructed of plastic that is recyclable but that is not degradable unlesssuch device does not have an orifice larger than one and three‑fourthsinches.  The manufacturer of a degradable yoke or ring type holding deviceshall emboss or mark the device with a nationally recognized symbol indicatingthat the device is degradable.  The manufacturer of a recyclable yoke or ringtype holding device shall emboss or mark the device with a symbol of the typespecified in G.S. 130A‑309.10(e) indicating the plastic resin used toproduce the device and that the device is recyclable.  The manufacturer shallregister the symbol with the Secretary of State with a sample of the device.

(c)        Any person whosells or distributes for sale a yoke or ring type holding device in violationof this section shall be guilty of a Class 3 misdemeanor punishable by a fineof not less than fifty dollars ($50.00) nor more than two hundred dollars($200.00).  In lieu of a fine or any portion thereof or in addition to a fine,any violation of this section may also be punished by a term of communityservice.

(d)        Other than amanufacturer required to use and register a symbol under subsection (b), aperson may not be prosecuted under this section if, at the time of sale ordistribution for sale, the yoke or holding device bears a symbol meeting therequirements of this section which has been registered with the Secretary ofState. (1989, c. 371; 1991, c. 236, c. 621, s. 14; 1993, c.539, s. 268; 1994, Ex. Sess., c. 24, s. 14(c).)