§ 19-308. Purchase of plastic secondary packaging

   (a) "Plastic secondary packaging" defined. --

   (1) In this section, "plastic secondary packaging" means a plastic crate or shell used for the bulk transportation, storage, or carrying of retail items.

   (2) "Plastic secondary packaging" includes milk crates, bakery and soft drink trays, and other commercial plastic secondary packaging.

(b) Limitation on amount of purchase. -- Other than a manufacturer of plastic secondary packaging, a person may not purchase four or more items of plastic secondary packaging for the purpose of recycling, shredding, or destroying the items.

(c) Written record. --

   (1) Each person that purchases an item of plastic secondary packaging, including a person that is in the business of recycling, shredding, or destroying plastic secondary packaging, shall make a written record of each transaction in which a person sells four or more items of plastic secondary packaging, that shows that the person selling the plastic secondary packaging has lawful possession or ownership of the plastic secondary packaging.

   (2) For each transaction subject to paragraph (1) of this subsection, the purchaser shall:

      (i) verify the seller's identity by a driver's license or other government-issued identification; and

      (ii) make a record of each transaction that includes:

         1. the name, address, telephone number, and signature of the seller or the seller's authorized representative;

         2. the name and address of the purchaser;

         3. the registration number and license tag number of any vehicle used in the delivery of the plastic secondary packaging;

         4. a description of the items sold, including the number of units; and

         5. the date of the transaction.

(d) Length of time to keep record. -- The purchaser shall keep the records required by this section for at least 1 year after the date of purchase.

(e) Penalty. -- A person that violates this section is guilty of a misdemeanor and on conviction is subject to:

   (1) for each first violation, imprisonment not exceeding 1 year or a fine not exceeding $ 1,000; and

   (2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $ 2,500 or both.

HISTORY: 2010, chs. 7, 8; 2013, ch. 146.