(a) As used in this section, unless the context otherwise requires:

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Terms Used In Tennessee Code 68-101-109

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) “Container,” unless otherwise specified, refers to “rigid plastic container” or “plastic bottle,” as those terms are defined in this section;
(2) “Department” means the department of environment and conservation;
(3) “Label” means a molded, imprinted or raised symbol on or near the bottom of a plastic container or bottle;
(4) “Person” means an individual, sole proprietor, partnership, association, corporation or other legal entity;
(5) “Plastic” means any material made of polymeric organic compounds and additives that can be shaped by flow;
(6) “Plastic bottle” means a plastic container that has a neck that is smaller than the body of the container, accepts a screw-type, snap cap or other closure and has a capacity of sixteen fluid ounces (16 fl. oz.) or more, but less than five gallons (5 gal.); and
(7) “Rigid plastic container” means any formed or molded container, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces (8 oz.) or more but less than five gallons (5 gal.).
(b)

(1) This section and any rules or regulations adopted under this section shall be interpreted to conform with nationwide plastics industry standards.
(2) No person shall distribute, sell or offer for sale in this state any plastic bottle or rigid plastic container, unless such container is labeled with a code identifying the appropriate resin type used to produce the structure of the container. The code shall consist of a number placed within three (3) triangulated arrows and letters placed below the triangle of arrows. The triangulated arrows shall be equilateral, formed by three (3) arrows with the apex of each point of the triangle at the midpoint of each arrow, rounded with a short radius. The pointer or 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. The triangle, formed by the three (3) arrows curved at their midpoints shall depict a clockwise path around the code number. The numbers and letters used shall be as follows:

1. = PETE (polyethylene terephthalate)
2. = HDPE (high density polyethylene)
3. = V (vinyl)
4. = LDPE (low density polyethylene)
5. = PP (polypropylene)
6. = PS (polystyrene)
7. = OTHER
(3) The department shall maintain a list of the label codes provided in subdivision (b)(2) and shall provide a copy of that list to any person upon request.
(c) After being notified by the department that plastic containers were distributed, sold or offered for sale in this state not in compliance with subsection (b), a person who, after receiving such notification from the department, distributes, sells or offers for sale in this state plastic containers that are not in compliance with the notification, is subject to a civil penalty of fifty dollars ($50.00) for violating such notification, and may be enjoined from such violations.
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