3745-27-91 Labeling of plastic bottles and containers.

(A) For the purposes of this rule:

(1) "Label" means a molded imprint or raised symbol that includes a code consisting of letters and numbers and is placed on or near the bottom of a plastic bottle or rigid plastic container to indicate the plastic resin used to produce the bottle or container.

(2) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by means of the flowing of the material.

(3) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container; that accepts a screw-type cap, snap cap, or other closure; and that has a capacity of at least sixteen ounces but less than five gallons.

(4) "Product label" means that component of a plastic bottle or rigid plastic container which identifies the contents of the bottle or container.

(5) "Rigid plastic container" means any formed or molded container, other than a plastic bottle, that is intended for a single use, is composed primarily of plastic resin, has a relatively inflexible finite shape or form, and has a capacity of at least eight ounces but less than five gallons.

(B) On and after January 1, 1991, no person shall either manufacture or distribute for use in this state any new, unfilled plastic bottle or rigid plastic container, intended for single use, unless it bears a label with the appropriate code as prescribed in this rule that indicates the plastic resin used to produce the bottle or container.

The label required by this rule, as shown in I, shall consist of an equilateral triangle formed by three curved arrows of short radius with the apex of each point of the triangle at the midpoint of each arrow. The head of each arrow shall be at the midpoint of each side of the triangle with a short gap between the head of the arrow and the base of the succeeding arrow. The triangle formed by the three curved arrows shall depict a clockwise path around the code number, which shall be placed at the center of the triangle. The code letters shall be placed immediately below the triangle.

The following code numbers and letters shall be used on the labels:

(1) For polyethylene terephthalate, the letters "PETE" and the number "1";

(2) For high density polyethylene, the letters "HDPE" and the number "2";

(3) For vinyl, the letter "V" and the number "3";

(4) For low density polyethylene, the letters "LDPE" and the number "4";

(5) For polypropylene, the letters "PP" and the number "5";

(6) For polystyrene, the letters "PS" and the number "6"; and,

(7) For any other plastic the word "OTHER" and the number "7".

Nothing in this rule will prevent a manufacturer or distributor of containers produced from plastic resin not identified in paragraphs (B)(1) to (B)(6) of this rule from adopting a labeling code number and letter that will assist in the segregation and collection of that resin for recycling, provided the equilateral triangle specified in paragraph (B) of this rule is used, and the code number and letter used are nationally recognized industry standards.

(C) A plastic bottle or rigid plastic container having a plastic product label, basecup, layer or resin, or other plastic component composed of material different from that comprising the rest of the bottle or container shall be labeled with:

(1) The code for the material comprising the bottle or container if the material comprising the product label, basecup, layer or resin, or other plastic component is compatible for purposes of recycling with the material comprising the bottle or container;

(2) The word "OTHER" and the number "7" if the material comprising the product label, basecup, layer of resin, or other plastic component is not compatible for purposes of recycling with the material comprising the bottle or container.

Appendix I Figure: Sample labels

See Image at

http://www.registerofohio.state.oh.us/pdfs/3745/0/27/3745-27-91_PH_FYR_C_APP1_20030415_1310.pdf

(new) Eff 6-1-94
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 3734.60
R.C. 119.032 review dates: 02/04/2009 and 02/01/2014