Indiana § 5-22-5-6 - Purchase of degradable and disposable plastic products

§ 5-22-5-6. Purchase of degradable and disposable plastic products

Sec. 6. (a) This section does not apply to a political subdivision.

(b) As used in this section, "biodegradation" means the conversion of all constituents of a plastic into miscellaneous component parts by the microbial action of fungi and bacteria upon natural materials such as cornstarch.

(c) As used in this section, "chemical degradation" means the conversion of all constituents of a plastic into miscellaneous component parts through the chemical reactions of additives such as auto-oxidants and the environment with the plastic.

(d) As used in this section, "degradable" means capable of being broken down by one (1) or more of the following degradation processes:

(1) Biodegradation.

(2) Photodegradation.

(3) Chemical degradation.

(e) As used in this section, "photodegradation" means the conversion of all constituents of a plastic product into miscellaneous component parts through the physical breakdown of the plastic product upon sufficient exposure to ultraviolet radiation.

(f) As used in this section, "plastic" includes a hybrid material containing plastic as a major component.

(g) As used in this section, "refuse bag" means a disposable plastic bag that is designed to hold garbage, grass clippings, fallen leaves, or other refuse. The term includes a disposable plastic bag that is designed to be placed inside and to catch the refuse deposited in a rigid refuse receptacle.

(h) When purchasing disposable plastic products, including refuse bags, a governmental body shall purchase disposable plastic products that are degradable if all the following apply:

(1) Degradable products are available at the time of the purchase.

(2) It is economically feasible to purchase degradable products.

(3) The purchase of degradable products is not inappropriate because of:

(A) federal regulations or policy in matters involving the federal government; or

(B) the special requirements of scientific uses.

(4) The degradable product to be purchased is economically and functionally the equivalent of disposable plastic products that:

(A) meet applicable specifications; and

(B) are not degradable.

(5) The degradable product to be purchased is, in the determination of the purchasing agent, a type of product for which the use of degradable materials is appropriate based upon:

(A) the functional use of the product; and

(B) whether the product will probably be recycled or disposed of in a final disposal facility.

As added by P.L.49-1997, SEC.1.