LRB-0874/1
RCT:kjf&cjs:ch
2003 - 2004 LEGISLATURE
March 11, 2004 - Introduced by Representative Black. Referred to Committee on
Rules.
AB969,1,5
1An Act to renumber and amend 100.297 (2) and 100.297 (3); and
to create
2100.297 (2) (b) and (c), 100.297 (3) (b) and (c) and 100.297 (4) of the statutes;
3relating to: prohibiting the sale of a product in a plastic container if the
4container does not consist of a percentage of postconsumer waste by weight and
5providing a penalty.
Analysis by the Legislative Reference Bureau
Current law generally prohibits the retail sale of a product in a plastic container
unless the container consists of at least 10% recycled or remanufactured material.
This prohibition applies to the sale of food, beverages, drugs, cosmetics, or medical
devices that are regulated under the federal Food, Drug and Cosmetic Act only 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 retail sale of a product in a plastic container
unless the container consists of at least 10% postconsumer waste beginning in 2004,
at least 20% postconsumer waste beginning in 2006, and at least 25% postconsumer
waste beginning in 2008. Postconsumer waste is basically solid waste other than
solid waste generated in the production of goods. The prohibition does not apply to
the sale of drugs, medical devices, infant formula or medical food or to products that
the federal Department of Transportation prohibits from being packaged in a plastic
container that consists of the specified percentage of postconsumer waste. The
prohibition does not apply to the sale of food, beverages, or cosmetics 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. A person who sells a product in
a plastic container that does not contain the required percentage of postconsumer
waste is subject to a forfeiture (a civil penalty) 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:
AB969, s. 1
1Section
1. 100.297 (2) of the statutes is renumbered 100.297 (2) (intro.) and
2amended to read:
AB969,2,63
100.297
(2) Prohibition. (intro.) Except as provided in sub. (3), no person may
4sell or offer for sale at retail any product in a plastic container unless the plastic
5container consists of at least
the following percentages of postconsumer waste, as
6defined in s. 287.01 (7):
AB969,2,8
7(a) Beginning on the effective date of this paragraph .... [revisor inserts date], 810%
recycled or remanufactured material, by weight beginning on January 1, 1995.
AB969, s. 2
9Section
2. 100.297 (2) (b) and (c) of the statutes are created to read:
AB969,2,1010
100.297
(2) (b) Beginning on January 1, 2006, 20%.
AB969,2,1111
(c) Beginning on January 1, 2008, 25%.
AB969, s. 3
12Section
3. 100.297 (3) of the statutes is renumbered 100.297 (3) (intro.) and
13amended to read:
AB969,2,1514
100.297
(3) Exception. (intro.) Subsection (2)
applies does not apply to a
15person who sells or offers to sell
a product that is a any of the following products:
AB969,3,3
16(a) A food, beverage
, drug,
or cosmetic
or medical device and that is regulated
17under the federal
food, drug and cosmetic act Food, Drug and Cosmetic Act,
21 USC
18301 to
394,
in a plastic container only if the federal food and drug administration has
1approved prohibited the
use product from being packaged in a container that consists 2of the specified
recycled or remanufactured content in that plastic container 3percentage of postconsumer waste, as defined in s. 287.01 (7).
AB969, s. 4
4Section
4. 100.297 (3) (b) and (c) of the statutes are created to read:
AB969,3,65
100.297
(3) (b) A drug, device, or infant formula, as defined in
21 USC 321, or
6medical food, as defined in
21 USC 360ee.
AB969,3,97(c) A product that the federal department of transportation prohibits under
49
8CFR 178.509 or
178.522 from being packaged in a container that consists of the
9specified percentage of postconsumer waste, as defined in s. 287.01 (7).
AB969, s. 5
10Section
5. 100.297 (4) of the statutes is created to read:
AB969,3,1211
100.297
(4) Forfeiture. Any person who violates sub. (2) may be required to
12forfeit not more than $200 for each violation.
AB969,3,1514
(1)
This act takes effect on January 1, 2004, or the first day of the 6th month
15beginning after publication, whichever is later.
