(a)    (1)    In this section the following words have the meanings indicated.

(2)    “Container” means any rigid plastic container or plastic bottle.

(3)    “Label” means a molded, imprinted, or raised symbol located on or near the bottom of a container.

(4)    “Plastic bottle” means a plastic container intended for single use that:

(i)    Has a neck that is smaller than the container;

(ii)    Accepts a screw-type, snap cap, or other similar closure; and

(iii)    Has a capacity of at least 16 fluid ounces but less than 5 gallons.

(5)    “Rigid plastic container” means any formed or molded container, other than a bottle that:

(i)    Is intended for single use;

(ii)    Is predominantly composed of plastic resin;

(iii)    Has a relatively inflexible finite shape or form; and

(iv)    Has a capacity of at least 8 ounces but less than 5 gallons.

(b)    A person may not distribute for sale in the State any container unless the container is labeled indicating the plastic resin used to produce the container.

(c)    (1)    The label required under subsection (b) of this section shall:

(i)    Appear on or near the bottom of the container;

(ii)    Be clearly visible; and

(iii)    Consist of:

1.    A number placed within 3 arrows forming a triangle as described in paragraph (2) of this subsection; and

2.    Letters placed below the triangle of arrows.

(2)    (i)    The 3 arrows shall form an equilateral triangle with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius.

(ii)    The arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the pointer from the base of the adjacent arrow.

(iii)    The triangle formed by the 3 arrows curved at their midpoints shall depict a clockwise path around the code number.

(3)    The numbering and lettering shall be as follows:

(i)    For polyethylene terepthalate, the letters “PETE” and the number 1;

(ii)    For high density polyethylene, the letters “HDPE” and the number 2;

(iii)    For vinyl, the letter “V” and the number 3;

(iv)    For low density polyethylene, the letters “LDPE” and the number 4;

(v)    For polypropylene, the letters “PP” and the number 5;

(vi)    For polystyrene, the letters “PS” and the number 6; and

(vii)    For any other plastic resin, the word “Other” and the number 7.

(d)    Any person who knowingly and willfully distributes for sale a container in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50 per violation.

(e)    The Department shall adopt regulations to administer and enforce the provisions of this section.