§ 13-10-102. WARNING ON PLASTIC BAGS.

(a)

" Plastic bag" defined.

(1)

In this section, "plastic bag" means a polyethylene bag weighing not more than 5 pounds, intended for household use or for packaging articles intended for household use, which is larger than 7 inches in diameter at the opened end, and is made of thin film less than one mil (0.001 inch) in thickness according to standards established under the commodity standards division of the United States Department of Commerce.

(2)

"Plastic bag" does not include a bag used for food products.

(b)

Warning required. A person may not package, deliver, or sell an article for use in or around the household in a plastic bag or sell or distribute a plastic bag for use in or around the household, unless the plastic bag bears a warning against the hazard of suffocation by children in the following or substantially equivalent wording: "Warning: keep this bag away from babies and children. Do not use in cribs, beds, carriages, or playpens. The thin film may cling to nose and mouth and prevent breathing."

(c)

Required print.

(1)

The warning required under this section shall be printed on, attached to, or shall accompany each bag and shall be prominently and conspicuously displayed in boldface type, in accordance with the following table:

Total of Length and Width of Bag, Combined	Points
60 inches or more	24
40 inches, but less than 60 inches	18
30 inches, but less than 40 inches	14
Less than 30 inches	10

 

(2)

On packages of plastic bags intended for home processing use only, including freezer bags and garbage disposal bags, it is permissible to print the warning on the outside wrapper of the package instead of on each individual plastic bag.

(d)

Penalty. A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(1988 Code, § 10-3) (Bill No. 105-00, § 2, 7-1-2004)