(a) Purpose. These sections set forth newsprint recycling requirements for newsprint manufacturers and newspaper publishers. The sections contain recordkeeping and reporting procedures with respect to the utilization of recycled-content newsprint in newspaper publishing operations. These sections are applicable to every newspaper printing and publishing operation in this state that publishes, sells, or distributes newspapers, as well as to those manufacturers and suppliers who provide newsprint for sale in Texas.
(b) Definitions. The following words, terms and abbreviations, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.
  (1) Aggregate postconsumer recycled content--refers to the total amount of postconsumer recovered material by weight contained in total purchases of newsprint for a specified period. It is arrived at by multiplying the percentage of postconsumer recovered fiber in each shipment of newsprint purchased by the percentage of total newsprint purchases that shipment represents and summing the products thus calculated for all shipments received during the specified time period.
  (2) De-inked fiber--A fiber which has undergone the de-inking process.
  (3) De-inking process--A process by which most of the ink, filler, coating, and other extraneous (non-cellulose) material is removed from printed or unprinted paper.
  (4) Metric ton--1,000 kilograms. To convert pounds to metric tons the number of pounds should be divided by 2,204.6.
  (5) Newspaper--A publication that is printed on newsprint and published, sold, and distributed in the state, both daily and non-daily, to disseminate current news and information of general interest to the public.
  (6) Newspaper publisher--An individual or corporate group of newspaper publishers which uses newsprint in a newspaper publishing operation.
  (7) Newsprint--Paper used for the printing of newspapers.
  (8) Newsprint manufacturer--A business which makes newsprint.
  (9) Overs--also known as "overruns," are newspapers printed for sale to distributors or the public which remain unsold. Overs include inserts such as magazines and advertising supplements.
  (10) Postconsumer recovered material--Includes paper, paperboard, and other fibrous products that have completed their normal cycle of production and use, but excludes all papermaking waste and blank white news, which is diverted for recycling prior to printing. Postconsumer recovered material may also include any de-inked fiber, regardless of the source of such fiber except from sources specifically excluded previously. Overs are included within the definition of postconsumer recovered material.
  (11) Postconsumer recycled content--That portion of manufactured newsprint that is comprised of postconsumer recovered material, usually expressed as a percentage of the total content.
  (12) Recycled newsprint--Any newsprint certified by the manufacturer or supplier as containing at least 25% postconsumer recovered material, by fiber weight.
  (13) Virgin newsprint--Newsprint which contains 100% new materials in its formation.

Source Note: The provisions of this §328.100 adopted to be effective September 5, 1999, 24 TexReg 6761