SECTION 23-18.12-3

   § 23-18.12-3  Beverage containerrecyclability requirements. – (a) Every beverage distributor located and/or doing business in the state shallsell or convey beverages only in containers for beverages which:

   (1) Shall have obtained a fifty percent (50%) recycling rateby 1992, as determined by the department pursuant to provisions of thischapter; and

   (2) Are free of any design components which make it lessrecyclable than a container of the same volume, whose body is composed of thesame material; and

   (3) Are free of design components added to or substituted forexisting recyclable containers, which would adversely affect the recyclabilityof the recyclable containers.

   (b) To determine if a container meets the standards ofrecyclability of this chapter the department shall monitor the recycling rate,costs, and technical efficiency and feasibility of collecting and recycling allcontainers.