PRINTER'S NO. 1500
No. 1303 Session of 1987
INTRODUCED BY HERSHEY, NOYE, MORRIS, PITTS, BATTISTO, SIRIANNI,
BARLEY, KUKOVICH, NAHILL, SCHEETZ, CORRIGAN, JOHNSON, FOX,
B. SMITH, SCHULER, COY, HECKLER, HAGARTY, SHOWERS, LEH AND
JOSEPHS, MAY 6, 1987
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 6, 1987
AN ACT
1 Providing for returnable beverage containers; requiring a refund
2 value for certain beverage containers; granting additional
3 requirements to the Department of Environmental Resources;
4 and providing civil penalties.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Legislative intent.
8 Section 3. Definitions.
9 Section 4. Refund value.
10 Section 5. Beverage container labeling requirements.
11 Section 6. Refunding.
12 Section 7. Vending machine operators.
13 Section 8. Redemption centers.
14 Section 9. Permitted refusals.
15 Section 10. Prohibition on certain types of containers and
16 holders.
17 Section 11. Educational programs.
18 Section 12. Rules and regulations.
1 Section 13. Enforcement.
2 Section 14. Penalty.
3 Section 15. Annual report.
4 Section 16. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Returnable
9 Beverage Container Act.
10 Section 2. Legislative intent.
11 The General Assembly finds and determines that:
12 (1) Discarded beverage containers are a major source of
13 litter and solid waste within this Commonwealth and a direct
14 threat to the health and safety of the citizens of
15 Pennsylvania.
16 (2) The collection and disposal of discarded beverage
17 containers and solid waste constitutes a great financial
18 burden for the citizens of this Commonwealth.
19 (3) Unsegregated disposal of beverage containers burdens
20 the constantly diminishing landfill capacity, impending the
21 efficient operation of resource recovery plants.
22 (4) Discarded beverage containers create a hazard to
23 vehicular traffic, as well as a source of physical injury to
24 pedestrians, farm animals and machinery.
25 (5) Requiring a deposit on beverage containers will
26 provide incentive for the economically efficient collection
27 and recycling of beverage containers.
28 (6) The establishment of redemption centers will provide
29 new job positions within this Commonwealth, while
30 simultaneously reducing the critical litter dilemma.
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1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Beverage." Beer or other malt beverage and mineral waters,
6 soda water and carbonated soft drinks in liquid form and
7 intended for human consumption.
8 "Beverage container." The individual, separate bottle, can,
9 jar or carton composed of glass, metal, paper, plastic or any
10 combination of those materials that is produced for the purpose
11 of containing a beverage.
12 "Consumer." A person purchasing a beverage in a beverage
13 container for use or consumption with no intent to resell such
14 beverage.
15 "Dealer." A person, firm or corporation who engages in the
16 sale of beverages in beverage containers to consumers.
17 "Department." The Department of Environmental Resources of
18 the Commonwealth.
19 "Distributor." A person, firm or corporation who engages in
20 the sale of beverages in beverage containers to a dealer in this
21 Commonwealth. The term includes a manufacturer who engages in
22 such sales.
23 "Manufacturer." A person bottling, canning, packaging or
24 otherwise filling beverage containers for sale to distributors
25 or dealers.
26 "Place of business." The location at which a dealer sells,
27 or offers for sale, beverages in beverage containers to a
28 consumer.
29 "Redeemer." A person who demands the refund value provided
30 for in exchange for an empty beverage container. The term does
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1 not include a dealer as defined in this section.
2 "Redemption center." A facility established to redeem empty
3 beverage containers from consumers or to collect and sort empty
4 beverage containers from dealers and to prepare such containers
5 for redemption by an appropriate distributor.
6 "Secretary." The Secretary of Environmental Resources.
7 "Use or consumption." Includes the exercise of a right or
8 power over a beverage incident to its ownership, other than its
9 sale, storage or retention for the purpose of sale.
10 Section 4. Refund value.
11 (a) General rule.--A beverage container sold or offered for
12 sale in this Commonwealth shall have a refund value of not less
13 than 5¢. The refund value shall be fixed and shall be a uniform
14 amount throughout the distribution process in this Commonwealth.
15 (b) Exception.--This section shall not apply to beverage
16 containers sold or offered for sale for consumption on
17 interstate passenger carriers or aircrafts.
18 Section 5. Beverage container labeling requirements.
19 (a) Contents of label.--A beverage container offered for
20 sale in this Commonwealth by a dealer or distributor shall be
21 clearly marked, by embossing on the container or by printing on
22 a label affixed to the container the following information:
23 (1) The refund value of the container.
24 (2) The word "Pennsylvania" or the letters "PA."
25 (b) Private labels.--In the case of private label beverages,
26 such information may be embossed or printed on a label which is
27 securely or permanently affixed to the beverage container. For
28 purposes of this section, the term "private label beverages"
29 means beverages purchased from a beverage manufacturer in
30 beverage containers that bear a brand name or trademark and that
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1 are for sale at retail directly by the owner or licensee of such
2 brand name or trademark, or through retail dealers affiliated
3 with such owners or licensees by a cooperative or franchise
4 agreement.
5 (c) Metal containers.--In the case of a metal beverage
6 container, the information required under this section shall be
7 imprinted or embossed on the top of the container.
8 (d) Responsibility.--The responsibility for embossing or
9 permanently imprinting the required information on the beverage
10 container shall be with the person, firm or corporation who
11 bottles, cans or otherwise fills or packages a beverage
12 container. In the case of private label beverages, the brand
13 owner for whose exclusive account the beverages are bottled,
14 canned or otherwise packaged shall have the responsibility for
15 such embossing or permanent imprinting.
16 Section 6. Refunding.
17 (a) Deposit.--At the time of sale, a consumer shall deposit
18 with the dealer the refund value of every beverage container
19 purchased.
20 (b) Acceptance and refund.--A dealer shall accept at his
21 place of business any empty beverage container of the design,
22 shape, size, color, composition and brand sold by the dealer
23 within the past 60 days and shall pay the person who presents
24 the container the refund value of every beverage container
25 returned.
26 (c) Discontinued container.--A dealer shall redeem an empty
27 beverage container of a kind, size or brand, the sale of which
28 has been discontinued by the dealer, for not less than 60 days
29 after the last sale by the dealer of such beverage container.
30 Sixty days prior to such date, the dealer shall post, at the
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1 point of sale, notice of the last date on which the discontinued
2 beverage container shall be redeemed.
3 (d) Daily limit.--A dealer may limit the total number of
4 beverage containers any one customer returns for a refund in any
5 one business day to 240 beverage containers or another number
6 greater than 240.
7 (e) Refusal.--A dealer may refuse acceptance of any beverage
8 container during no more than three hours in any one business
9 day. The dealer shall post such hours conspicuously at his place
10 of business.
11 (f) Duties of distributor.--A distributor shall:
12 (1) Accept, from a dealer or from an operator of a
13 redemption center located or operated exclusively within the
14 territory of the distributor, or whose operator certifies to
15 the distributor that redeemed containers were from a dealer
16 located within such territory, any empty beverage container
17 of the kind, size or brand sold by the distributor, or refuse
18 to pay to such dealer or redemption center operator the
19 refund value of the beverage container, unless the container
20 is exempted under section 9.
21 (2) Remove an empty beverage container from the premises
22 of a dealer serviced by the distributor or from the premises
23 of a redemption center sponsored by dealers serviced by the
24 distributor, provided that such premises are located within
25 the territory of the distributor.
26 (3) Pay the refund value to dealers in accordance with
27 the schedule for payment by the dealer to the distributor for
28 full beverage containers, and pay such refund value to
29 operators of redemption centers not more than 20 days after
30 receipt of the empty containers.
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1 (4) Redeem an empty container of a kind, size or brand
2 of beverage container, the sale of which has been
3 discontinued by the distributor, for not less than 150 days
4 after the last delivery of such kind, size or brand of
5 beverage container. Not less than 120 days before the last
6 date such containers may be redeemed, the distributor shall
7 notify any dealer who brought the discontinued beverage
8 containers that the distributor will not redeem such empty
9 beverage containers.
10 (5) Pay to a dealer or operator of a redemption center a
11 handling fee of 1¢ for each beverage container in addition to
12 the refund value established in section 4.
13 Section 7. Vending machine operators.
14 An operator of a vending machine which sells, or offers for
15 sale, beverages in beverage containers shall post a notice
16 conspicuously on each vending machine indicating that a refund
17 of not less than 5¢ is available on every beverage container.
18 The notice shall contain information regarding where and from
19 whom that refund may be obtained. This subsection shall not be
20 construed to require vending machine operators to provide
21 refunds on the premises where the vending machines are located.
22 Section 8. Redemption centers.
23 (a) Registration of center.--Any person may establish a
24 redemption center and shall have the right to determine the
25 kind, size and brand of beverage container it shall accept. A
26 person establishing a redemption center within this Commonwealth
27 shall register with the secretary on a form provided by the
28 secretary with such information as the secretary requires,
29 including, but not limited to, the following:
30 (1) The name of the business principals of the
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1 redemption center and the address of the business.
2 (2) The name and address of the dealers to be served by
3 the redemption center.
4 (3) The types of beverage containers to be accepted.
5 (4) The hours of operation.
6 (5) Whether the beverage containers will be accepted
7 from consumers.
8 (b) Changes to be reported to secretary.--A change in
9 procedure shall be reported to the secretary by the operator of
10 the redemption center within 48 hours of the change during the
11 normal business week. A redemption center may be established to
12 serve all persons or to serve certain specified dealers.
13 Section 9. Permitted refusals.
14 (a) Absence of refund value on container.--A dealer or
15 operator of a redemption center may refuse to accept from a
16 redeemer, and a distributor may refuse to accept from a dealer
17 or operator of a redemption center, any empty beverage container
18 which does not state thereon the refund value of the beverage
19 container.
20 (b) Altered or adulterated container.--A dealer or operator
21 of a redemption center may refuse to accept any broken bottle,
22 corroded or disembodied can, or any beverage container which
23 contains foreign material, as determined by rules and
24 regulations to be promulgated by the secretary.
25 Section 10. Prohibition on certain types of containers and
26 holders.
27 No beverage container shall be sold or offered for sale to
28 consumers in this Commonwealth in the following form:
29 (1) In a metal container designed or construed with a
30 part of the container which is detachable in opening the
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1 container, unless such detachable part will decompose by
2 photodegradation, chemical degradation or biodegradation.
3 (2) In beverage containers connected to each other by a
4 separate holding device constructed of plastic which does not
5 decompose by photodegradation, chemical degradation or
6 biodegradation within a reasonable period of time upon
7 exposure to the elements.
8 Section 11. Educational programs.
9 (a) Public information program.--Commonwealth informational
10 material, such as travel pamphlets, road maps and similar
11 publications, submitted for printing on or after July 1, 1987,
12 shall bear a statement informing the general public of this
13 Commonwealth's deposit law.
14 (b) School program.--The Department of Education may
15 incorporate information concerning this act in educational
16 material it distributes to primary and secondary educational
17 institutions within this Commonwealth.
18 (c) Funding.--The Litter Control Education Fund shall be
19 established to fund such educational programs. The fund shall
20 draw its revenue from money the General Assembly may appropriate
21 to the fund, plus civil fines collected pursuant to section 14.
22 The Secretary of Education shall have the authority to allocate
23 such funds in an efficient manner to the various educational and
24 informational programs.
25 Section 12. Rules and regulations.
26 The secretary shall administer the provisions of this act and
27 shall adopt and promulgate rules and regulations necessary to
28 effectuate the purposes of this act.
29 Section 13. Enforcement.
30 The Attorney General and district attorneys shall enforce the
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1 provisions of this act.
2 Section 14. Penalty.
3 A dealer, distributor or redemption center operator who
4 violates provisions of this act shall be subject to a civil
5 penalty for each violation and shall pay a fine of not more than
6 $1,000 per violation.
7 Section 15. Annual report.
8 The department shall make a comprehensive review of the
9 administration, application and impact of the provisions of this
10 act relating to the sale of beverages in returnable containers
11 and shall report to the General Assembly annually on or before
12 the anniversary of the effective date of this act.
13 Section 16. Effective date.
14 This act shall take effect July 1, 1987.
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