(1)    Definition. In this section, “plastic container” means a plastic container, as defined in s. 100.33 (1) (c), that is required to be labeled under s. 100.33 (2).

   (2)   Prohibition. Except as provided in sub. (3), no person may sell or offer for sale at retail any product in a plastic container unless the plastic container consists of at least 10 percent recycled or remanufactured material, by weight beginning on January 1, 1995.

   (3)   Exception. Subsection (2) applies to a person who sells or offers to sell a product that is a food, beverage, drug, cosmetic or medical device and that is regulated under the federal food, drug and cosmetic act, 21 U.S. Code § 301 to 394, in a plastic container only if the federal food and drug administration has approved the use of the specified recycled or remanufactured content in that plastic container.