LRB-3075/1
ISR:wlj:km
1999 - 2000 LEGISLATURE
June 10, 1999 - Introduced by Representatives Johnsrud, Black, Cullen, Plouff,
Freese, J. Lehman, Berceau, Hasenohrl, La Fave, Bock, Carpenter, Miller,
Boyle and Pocan, cosponsored by Senators Clausing, Rosenzweig, Decker,
Risser and Baumgart. Referred to Committee on Environment.
AB372,1,4
1An Act to amend 100.297 (2) and 100.297 (3); and
to create 100.297 (2) (b) and
2(c) and 100.297 (4) of the statutes;
relating to: prohibiting the sale of a product
3in a plastic container if the container does not consist of a percentage of
4postconsumer waste by weight and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person, except under certain circumstances, may only sell
a product in a plastic container if the container consists of at least 10% recycled or
remanufactured material by weight. This requirement only applies to the sale of
food, beverages, drugs, cosmetics or medical devices that are regulated under the
federal Food, Drug and Cosmetic Act if the federal food and drug administration
approves the use of a plastic container that consists of at least 10% or more recycled
or remanufactured material for the food, beverage, drug, cosmetic or medical device.
This bill generally prohibits the sale of a product in a plastic container unless
the container consists of at least 10% postconsumer waste by weight beginning on
January 1, 2001, at least 20% postconsumer waste by weight beginning on January
1, 2003, and at least 25% postconsumer waste by weight beginning on January 1,
2005. Postconsumer waste is solid waste other than solid waste generated in the
production of goods, hazardous waste, waste from the construction and demolition
of structures, scrap automobiles or high-volume industrial waste. The prohibition
does not apply to the sale of food, beverages, drugs, cosmetics or medical devices that
are regulated by the federal Food, Drug and Cosmetic Act if the federal food and drug
administration prohibits the sale of the product in a plastic container that consists
of the specified percentage of postconsumer waste by weight. A person who sells a
product in a plastic container that does not contain the required percentage of
postconsumer waste by weight is subject to a forfeiture of not more than $200.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB372, s. 1
1Section
1. 100.297 (2) of the statutes is amended to read:
AB372,2,52
100.297
(2) Prohibition. Except as provided in sub. (3), no person may sell or
3offer for sale at retail any product in a plastic container unless the plastic container
4consists of at least
the following percentages of postconsumer waste, as defined in
5s. 287.01 (7), by weight:
AB372,2,7
6(a) Beginning on January 1, 2001, 10%
recycled or remanufactured material,
7by weight beginning on January 1, 1995.
AB372, s. 2
8Section
2. 100.297 (2) (b) and (c) of the statutes are created to read:
AB372,2,99
100.297
(2) (b) Beginning on January 1, 2003, 20%.
AB372,2,1010
(c) Beginning on January 1, 2005, 25%.
AB372, s. 3
11Section
3. 100.297 (3) of the statutes is amended to read:
AB372,2,1812
100.297
(3) Exception. Subsection (2)
applies does not apply to a person who
13sells or offers to sell a product that is a food, beverage, drug, cosmetic or medical
14device and that is regulated under the federal
food, drug and cosmetic act Food, Drug
15and Cosmetic Act,
21 USC 301 to
394, in a plastic container
only if the federal food
16and drug administration has
approved prohibited the use of the specified
recycled 17or remanufactured content percentage of postconsumer waste, as defined in s. 287.01
18(7), in that plastic container.
AB372, s. 4
19Section
4. 100.297 (4) of the statutes is created to read:
AB372,3,2
1100.297
(4) Forfeiture. Any person who violates sub. (2) may be required to
2forfeit not more than $200 for each violation.
AB372,3,44
(1)
This act takes effect on January 1, 2001.
