44-1799.81. Recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers; record keeping; civil penalty; violation; classification; definition

A. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall not purchase five or more plastic bulk merchandise containers that are marked with a company name or logo or ten or more wood bulk merchandise containers from any other person at one time, unless the person does both of the following:

1. Obtains from the person selling the containers a record that contains:

(a) The name, address and telephone number of the seller or the seller's authorized representative.

(b) A description of the containers, including the number of the containers to be purchased.

(c) The date of the transaction.

(d) The license plate number of any vehicle used in the delivery of the bulk merchandise containers.

2. Verifies and records the identity of the person selling the containers or representing the seller from a driver license or other government issued identification card that includes the person's photograph.

B. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall retain the record obtained pursuant to subsection A for one year after the date the containers are purchased or delivered, whichever is later.

C. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall not use an artifice to avoid the requirements of this section, including documenting purchases from the same person on the same day as multiple transactions.

D. A person who is in the business of recycling, shredding, reselling or destroying plastic or wood bulk merchandise containers shall be open during business hours for reasonable inspection by a peace officer. Before an inspection takes place a peace officer shall first identify himself and the purpose for the inspection to the business, the business's manager or any other responsible person and comply with all reasonable and customary safety requirements of that business for the premises inspected.  The business may require the peace officer to sign an inspection log that includes the officer's name and serial or badge number, agency and the time, the date and the purpose for the inspection.

E. In addition to the penalties imposed under subsection F, a person who violates:

1. Subsection A or B shall pay a civil penalty of up to ten thousand dollars for each violation.

2. Subsection C shall pay a civil penalty of up to thirty thousand dollars for each violation.

F. A violation of this section is:

1. A class 2 misdemeanor if the total purchase price of the plastic or wood bulk merchandise containers is one thousand dollars or more, except that a second or subsequent violation involving a total purchase price of one thousand dollars or more is a class 1 misdemeanor.

2. A petty offense if the total purchase price of the plastic or wood bulk merchandise containers is less than one thousand dollars, except that a second or subsequent violation involving a total purchase price of less than one thousand dollars is a class 2 misdemeanor.

G. For the purposes of this section, "bulk merchandise container" means a plastic or wooden carrier or holder used by a manufacturer or distributor to transport merchandise to wholesale and retail outlets.