§342I-23  Motor vehicle tires; collection for recycling.  (a)  Each tire retailer shall:

     (1)  Accept, at the point of transfer, in a quantity at least equal to the number of new motor vehicle tires purchased by a customer, motor vehicle tires offered by the customer.

     (2)  Post written notice which shall be at least five inches by seven inches in size and easily visible to customers and shall contain the universal recycling symbol and the following language:

          (A)  "It is illegal to discard a motor vehicle tire";

          (B)  "Recycle your used tires";

          (C)  "State law requires us to accept used motor vehicle tires for recycling or disposal, in exchange for new tires purchased"; and

          (D)  "The final price of a new tire includes disposal of your old tire.  The disposal fee is not subject to reduction or refund."

     (b)  The department of health shall produce, print, and distribute the notices required by subsection (a)(2) to each retailer; provided that a retailer instead may use any sign or notice that meets the requirements of that subsection.

     (c)  Any advertising pertaining to the price of motor vehicle tires shall disclose whether a separate disposal fee may be added to the final price of the tire and the actual cost of the disposal fee.

     (d)  For businesses utilizing advertising prepared out of the State a sign no smaller than three square feet, placed at the point of sale stating:  "The price of tires includes disposal of your old tires" may be substituted.

     (e)  Motor vehicle rental companies shall be permitted to provide a report and payment of the surcharge annually, with the year ending December 31, rather than quarterly. [L 1993, c 209, pt of §2; am L 2002, c 191, §2]