(1) DEFINITIONS. In this section “new packaging” means packaging, including a container, made from a material or a combination of materials not used in any packaging, exclusive of any closure or label, that is in commerce in this state on or before May 11, 1990. (3) NEW PACKAGING. (a) If the department receives a complaint that there is not an adequate market to make recycling of a type of new packaging economically feasible, the department shall investigate the complaint. If the department determines that the product has been in commerce in this state for at least 3 years and that the complaint is well-founded, it shall inform the manufacturer or distributor of the new packaging and attempt to ensure an adequate market within a reasonable period through negotiations. (b) The department shall identify by rule a type of new packaging for food or beverages to which all of the following apply: 1. After at least 3 years in commerce in this state, there is not an adequate market to make recycling of the type of new packaging economically feasible. 2. The department received a complaint under par. (a) about the type of new packaging material. 3. Negotiations under par. (a) did not result in an adequate market. (c) The department shall promulgate rules for determining whether there is an adequate market to make recycling of new packaging economically feasible.
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