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South Dakota: sustainable packaging labelling
South Dakota requires covered plastic bottles and rigid plastic containers to carry a 1-7 resin-identification code placed within the universal recycling symbol. The code identifies the structure resin and is not a legal finding of recyclability.
Executive summary
South Dakota’s Plastic Container Coding provision is a material-identification rule. Beginning 1 July 1995, section 34A-6-68 prohibits any person from distributing, selling or offering for sale in the state a plastic bottle or rigid plastic container unless the product is labelled with a code indicating the plastic resin used to produce the bottle or container. The code consists of a number placed within the universal recycling symbol and letters placed below the symbol.
The statute does not convert that symbol into a recyclability claim. A package that carries the required code still requires a separate assessment if the business adds “recyclable,” chasing-arrows marketing language, compostable claims or other environmental representations. No statewide beverage-container deposit mark, compostability presentation rule or non-flushable-wipe warning was identified.
Legal status at a glance
| Requirement | Status | Operational meaning |
|---|---|---|
| Covered plastic bottle or rigid container | mandatory | The package carries the prescribed 1-7 number within the universal recycling symbol, with letters below. |
| Size thresholds | in force | Section 34A-6-61 defines plastic bottles of 16 fluid ounces or more but less than five gallons, and rigid plastic containers of eight ounces or more but less than five gallons. |
| Beverage-deposit, compostability or wipe mark | none identified | No generally applicable state presentation rule in these categories was identified within this report’s scope. |
| Voluntary environmental claim | claim-dependent | Claims remain subject to the FTC Green Guides and generally applicable South Dakota consumer-protection law. |
Covered bottles and rigid containers
Section 34A-6-61 supplies the definitions that determine coverage. A “plastic bottle” is a plastic container having a neck smaller than the body, accepting a screw-type, snap cap or other closure, and having a capacity of 16 fluid ounces or more but less than five gallons. “Rigid plastic containers” are formed or molded containers, other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible shape or form with a capacity of eight ounces or more but less than five gallons.
Those thresholds sit in the definitions section. Classification should use neck geometry, single-use intent, rigidity and actual capacity. Rigid plastic bottles or containers with labels and basecups of a different material must be coded by their basic material.
Required code and universal recycling symbol
Section 34A-6-68 requires a number placed within the universal recycling symbol and letters placed below the symbol. The numbers are 1 PETE, 2 HDPE, 3 V, 4 LDPE, 5 PP, 6 PS and 7 OTHER, including multi-layer. The statutory phrase is “universal recycling symbol,” not a free-standing numeral. National artwork that uses the SPI/ASTM chasing-arrows triangle around the number is the graphic the statute describes.
The code identifies the resin used to produce the bottle or container. It does not state that South Dakota recycling systems accept the finished package. Adjacent words, larger arrows or an unqualified “recyclable” statement communicate a broader claim that requires evidence of collection, sorting and reprocessing access.
Claims and neighbouring regimes
South Dakota was not identified as having a packaging-specific environmental-marketing claims statute. Voluntary recyclable, compostable, degradable and recycled-content statements remain subject to the FTC Green Guides and the state’s general prohibition on deceptive practices. No statewide bottle-deposit programme was identified.
Enforcement and practical consequences
The prohibition reaches distribution, sale and offer for sale in the state. Inventory controls should therefore identify covered stock before release. The chapter sits in South Dakota’s solid-waste title; specialised product warnings and federal claims law remain independent.
Practical artwork checklist
Apply the section 34A-6-61 definitions, including the 16-ounce and eight-ounce thresholds. Confirm the basic resin, including where a label or basecup differs. Inspect a 1-7 number within the universal recycling symbol, with letters below. Do not treat the symbol as a recyclable claim. Review any additional environmental language against the Green Guides.
Primary sources and verification
South Dakota Legislature. S.D. Codified Laws section 34A-6-68, code required for rigid plastic bottle or rigid plastic container. Official statute
South Dakota Legislature. S.D. Codified Laws section 34A-6-61, definitions. Official statute
Justia. S.D. Codified Laws section 34A-6-68, current consolidated text. Current consolidated text
Plastics Industry Association. State plastic resin identification code survey, hosted by Oregon DEQ. Comparative survey
Federal Trade Commission. Guides for the Use of Environmental Marketing Claims, 16 C.F.R. Part 260. Official Green Guides
Federal Trade Commission. Environmental Claims: Summary of the Green Guides. Business guidance
The definitions section, not only section 34A-6-68, determines whether a package is in scope. Last verified: 21 August 2026.