Wisconsin Prohibits Retail Plastic Container
with less than 10% postconsumer waste in 2002
20% in 2004, and 25% in 2006 

Wisconsin AB430  31may01

History of Bill- An Act to renumber and amend 100.297 (3); to amend 100.297 (2);
and to create 100.297 (2) (b) and (c), 100.297 (3) (b) and (c) and 100.297
(4) of the statutes; relating to: prohibiting the sale of a product in
a plastic container if the container does not consist of a percentage
of postconsumer waste by weight and providing a penalty. (FE)
2001

05-31. A. Introduced by Representatives Black, Johnsrud, Urban,
       J. Lehman, La Fave, Kreibich, Ott, Turner, Ryba,
       McCormick, Gunderson, Bock, Coggs, Hahn, Plouff, Musser,
       Huber, Miller, Freese, Pocan, Balow and Starzyk;
       cosponsored by Senators Baumgart, Cowles, Burke, Decker, 
       Risser, Wirch, Hansen and Rosenzweig. 
05-31. A. Read first time and referred to committee on Environment  263

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2001 - 2002 LEGISLATURE

LRB-0216/1
RCT&1SR:wlj:pg

2001 ASSEMBLY BILL 430

May 31, 2001 - Introduced by Representatives BLACK, JOHNSRUD, URBAN, .J. LEHMAN, LA FAVE, KREIBICH, OTT, TURNER, RYBA, MCCORMICK, GUNDERSON, BOCK, COGGS, HAHN, PLOUFF, MUSSER, HUBER, MILLER, FREESE, POCAN, BALOW and STARZYK, cosponsored by Senators BAUMGART, COWLES, BURKE, DECKER, RISSER, WIRCH, HANSEN and ROSENZWEIG. Referred to Committee on Environment.

1 AN ACT to renumber and amend 100.297 (3); to amend 100.297 (2); and to
2 create 100.297 (2) (b) and (c), 100.297 (3) (b) and (c) and 100.297 (4) of the
3 statutes; relating to: prohibiting the sale of a product in a plastic container if
4 the container does not consist of a percentage of postconsumer waste by weight
5 and providing a penalty.

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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 2002, at least 20% postconsumer waste beginning in 2004, and at least 25% postconsumer waste beginning in 2006. 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, medical food, or 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:

1 SECTION 1. 100.297 (2) of the statutes is amended to read:
2 100.297 (2) PROHIBITION. Except as provided in sub. (3), no person may sell or
3 offer for sale at retail any product in a plastic container unless the plastic container
4 consists of at least the following percentages of postconsumer waste, as defined in
5 s. 287.01 (71:
6 (a)  Beginning on the effective date of this paragraph [revisor inserts date].
7 10% recycled or remanufactured material, by weight beginning on January 1, 1995.
8 SECTION 2. 100.297 (2) (b) and (c) of the statutes are created to read:
9 100.297 (2) (b) Beginning on January 1, 2004, 20%.
10 (c) Beginning on January 1, 2006, 25%.
11 SECTION 3. 100.297 (3) of the statutes is renumbered 100.297 (3) (intro.) and
12 amended to read:
13 100.297 (3) EXCEPTION. (intro.) Subsection (2) applies does not apply to a
14 person who sells or offers to sell a product that is a any of the following products:
15 (a) A food, beverage, drug, or cosmetic or medical device and that is regulated
16 under the federal or medical device and Food. Drug and Cosmetic Act, 21 USC
17 301 to 394, in a plastic container only if the federal food and drug administration has
18 approved prohibited the use product from being packaged in a container that consists

1 of the specified recycled or remanufactured content in that plastic container
2 percentage of postconsumer waste, as defined in s. 287.01 (7).
3 SECTION 4. 100.297 (3) (b) and (c) of the statutes are created to read:
4 100.297 (3) (b) A drug, device, or infant formula, as defined in 21 USC 321, or
5 medical food, as defined in 21 USC 360ee.
6 (c) A product that the federal department of transportation prohibits under 49
7 CFR 178.509 or 178.522 from being packaged in a container that consists of the
8 specified percentage of postconsumer waste, as defined in s. 287.01 (7).
9 SECTION 5. 100.297 (4) of the statutes is created to read:
10 100.297 (4) FORFEITURE. Any person who violates sub. (2) may be required to
11 forfeit not more than $200 for each violation.
12 SECTION 6. Effective date.
13 (1) This act takes effect on January 1, 2002, or the first day of the 6th month
14 beginning after publication, whichever is later.
15 (END)

source: http://www.legis.state.wi.us/2001/data/AB-430.pdf 6jun01

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