(a)  Every beverage distributor located and/or doing business in the state shall sell or convey beverages only in containers for beverages which:

(1)  Shall have obtained a fifty percent (50%) recycling rate by 1992, as determined by the department pursuant to provisions of this chapter; and

(2)  Are free of any design components which make it less recyclable than a container of the same volume, whose body is composed of the same material; and

(3)  Are free of design components added to or substituted for existing recyclable containers, which would adversely affect the recyclability of the recyclable containers.

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(b)  To determine if a container meets the standards of recyclability of this chapter the department shall monitor the recycling rate, costs, and technical efficiency and feasibility of collecting and recycling all containers.