PRIOR PRINTER'S NO. 538 PRINTER'S NO. 2455
No. 479 Session of 1985
INTRODUCED BY BOWLEY, JOHNSON, MORRIS, AFFLERBACH, BROUJOS, COY,
DONATUCCI, BARLEY, GREENWOOD, HERMAN, SCHEETZ, ACOSTA, FOX,
DIETZ, JOSEPHS AND HERSHEY, FEBRUARY 26, 1985
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 13, 1985
AN ACT
1 Relating to the use of refundable beverage containers; <--
2 establishing container requirements; providing certain powers
3 to the Department of Agriculture; and establishing penalties
4 for violation of this act.
5 PROVIDING AN ECONOMIC INCENTIVE FOR THE RETURN, RECYCLING AND <--
6 REUSE OF BEVERAGE CONTAINERS; REQUIRING A REFUND VALUE FOR
7 CERTAIN BEVERAGE CONTAINERS; GRANTING ADDITIONAL POWERS AND
8 DUTIES TO THE DEPARTMENT OF AGRICULTURE; AND PRESCRIBING
9 PENALTIES.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the Reusable <--
14 RETURNABLE BEVERAGE Container Act. <--
15 Section 2. Legislative intent.
16 The General Assembly intends, by enacting this legislation, <--
17 to alleviate litter caused by beverage containers and thereby
18 reduce litter-related problems caused by these containers in all
19 areas of this Commonwealth, particularly in agricultural areas.
20 IT IS THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE AN <--
1 ECONOMIC INCENTIVE FOR MANUFACTURERS, DISTRIBUTORS, RETAILERS
2 AND CONSUMERS TO RECYCLE OR REUSE BEVERAGE CONTAINERS
3 ECONOMICALLY AND EFFICIENTLY.
4 Section 3. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Beverage." Beer or other malt liquids and mineral waters,
9 soda water and similar soft drinks intended for human
10 consumption, whether or not carbonated, but does not include
11 noncarbonated water, soups, fluid milk products, unadulterated,
12 natural, reconstituted or frozen fruit, vegetable or meat
13 juices, or liquids intended for medicinal purposes only.
14 "Beverage container." A bottle, can, jar or carton composed
15 of glass, metal, plastic or any combination of these substances,
16 containing one gallon or less of a beverage.
17 "Beverage distributor." Every person who engages in the sale
18 of beverages in beverage containers to a retailer in this
19 Commonwealth, including any manufacturer who engages in sales of
20 this nature.
21 "Beverage manufacturer." Every person bottling, canning or
22 otherwise filling beverage containers for sale to distributors
23 or retailers.
24 "Consumer." Every person who purchases a beverage in a
25 beverage container for use or consumption.
26 "Department." The Department of Agriculture of the
27 Commonwealth.
28 "Redemption center." Any establishment offering to pay the
29 refund value of a beverage container pursuant to section 5.
30 "Retailer." Every person in this Commonwealth who engages in
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1 the sale of beverages in beverage containers to a consumer for
2 off-premises consumption.
3 "Use or consumption." The exercise of any right or power
4 over a beverage incidental to its ownership, other than sale or
5 possession for the purpose of sale.
6 Section 4. Minimum refund value.
7 (a) General rule.--Every beverage container sold or offered
8 for sale in this Commonwealth, except beverage containers sold
9 or offered for sale for consumption on an interstate passenger
10 carrier, shall have a refund value of not less than 5¢.
11 (b) Initiation.--The refund value shall be initiated by the
12 first distributor of the beverage container who is not a
13 beverage manufacturer, except that:
14 (1) the beverage manufacturer shall initiate the refund
15 value on any such beverage container which is sold to a
16 person who is not a distributor; and
17 (2) the beverage manufacturer shall initiate the refund
18 value on any refillable beverage container.
19 Section 5. Redemption.
20 (a) General rule.--Except as provided in subsection (b):
21 (1) A retailer shall accept from a consumer empty
22 beverage containers of the kind, size and brand sold by the
23 retailer and shall pay to the consumer a refund value of the
24 beverage container at the time of redemption as established
25 by section 4.
26 (2) A beverage distributor shall accept from a retailer
27 or redemption center empty beverage containers of the kind,
28 size and brand sold by the distributor and shall pay to the
29 retailer the refund value of the beverage container and a
30 handling fee of at least 2¢ per container for each empty
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1 beverage container returned to it for redemption.
2 (3) A beverage manufacturer shall accept from a beverage
3 distributor empty beverage containers of the kind, size and
4 brand sold by the manufacturer and shall pay to the
5 distributor the refund value of the beverage container. The
6 manufacturer shall also pay a handling fee of at least 2¢ per
7 container for each empty beverage container returned to it
8 for redemption by a distributor.
9 (b) Exception.--A retailer, redemption center, beverage <--
10 (B) EXCEPTION.-- <--
11 (1) A RETAILER, REDEMPTION CENTER, BEVERAGE distributor
12 or beverage manufacturer may refuse to accept a beverage
13 container offered for redemption:
14 (1) (I) which does not state on its face a refund <--
15 value as required under section 7; or
16 (2) (II) which contains excessive foreign material <--
17 or is a broken glass bottle or a mutilated plastic
18 container as established by regulations promulgated under
19 this act.
20 (2) A RETAILER MAY REFUSE TO REDEEM BEVERAGE CONTAINERS <--
21 IF IT HAS CONTRACTED WITH A REGISTERED REDEMPTION CENTER TO
22 ACCEPT ALL BEVERAGE CONTAINERS OFFERED TO IT FOR REDEMPTION
23 AND THE REDEMPTION CENTER IS LOCATED IN SUFFICIENTLY CLOSE
24 PROXIMITY TO THE RETAILER SO AS TO NOT RESULT IN AN
25 INCONVENIENCE TO CONSUMERS.
26 (c) Continued redemption.--A retailer or beverage
27 distributor who discontinues the sale of a beverage container of
28 a particular kind, size and brand must continue to redeem such
29 beverage container for a period of at least 90 days following
30 the date of discontinuance of sale.
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1 Section 6. Regulation of redemption centers.
2 (a) Establishment of program.--The department shall
3 establish a program relating to the establishment and operation
4 of redemption centers and shall promulgate regulations necessary
5 for carrying out the purposes of this act.
6 (b) Permits.--The department shall issue permits to persons,
7 firms or corporations which desire to establish redemption
8 centers subject to applicable State and local laws and
9 ordinances where consumers may return empty beverage containers
10 and receive payment of the refund value of the beverage
11 container. The department shall give priority to municipalities
12 and municipal authorities when issuing permits to operate
13 redemption centers.
14 (c) Exception.--The provisions of subsection (b) relating to
15 permits shall not apply to a retailer or beverage distributor
16 who desires to operate a redemption center at the same location
17 as its place of business.
18 Section 7. Indication of refund value required; certain metal
19 beverage containers and holding devices
20 prohibited.
21 (a) Statement on container.--Every beverage container sold
22 or offered for sale in this Commonwealth by a beverage
23 manufacturer, distributor or retailer shall indicate clearly the
24 refund value of the container, either by embossing, by stamp, by
25 labeling or by another method that is securely affixed to the
26 beverage container.
27 (b) Exclusion.--Subsection (a) shall not apply to a glass
28 beverage container having a brand name permanently marked on it
29 which, on the effective date of this act, had a refund value of
30 not less than 5¢.
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1 (c) Prohibition.--No person shall sell or offer for sale in
2 this Commonwealth a metal beverage container so designed and
3 constructed that a part of the container is detachable in
4 opening the container.
5 (d) Limitation on holding devices.--No beverage container
6 shall be sold or offered for sale in this Commonwealth connected
7 to one or more beverage containers by a separate holding device
8 constructed of material which is not biodegradable or
9 photodegradable.
10 Section 8. Certification of containers as reusable by more than <--
11 one manufacturer.
12 (a) Certification.--To promote the use in this Commonwealth
13 of reusable beverage containers of uniform design and to
14 facilitate the return of containers to manufacturers for reuse
15 as a beverage container, the department shall certify beverage
16 containers which satisfy the requirements of this section.
17 (b) Requirements.--A beverage container shall be certified
18 if:
19 (1) It is reusable as a beverage container by more than
20 one beverage manufacturer in the ordinary course of business.
21 (2) More than one beverage manufacturer will accept the
22 beverage container for reuse as a beverage container in the
23 ordinary course of business and pay the refund value of the
24 container.
25 (c) Exclusion.--A beverage container shall not be certified
26 under this section if because of its shape or design, or because
27 of words or symbols permanently inscribed on it, by engraving,
28 embossing, painting or other permanent method, it is reusable as
29 a beverage container in the ordinary course of business only by
30 the manufacturer of a beverage sold under a specific brand name.
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1 Section 9. Decision upon certification applications; review and
2 withdrawal of certifications granted.
3 (a) Sixty days.--Unless an application for certification
4 under section 8 is denied by the department within 60 days after
5 the filing of the application, the beverage container shall be
6 deemed certified.
7 (b) Review.--The department may review at any time
8 certification of a beverage container. If after such review, and
9 written notice and hearing afforded to the person who filed the
10 application for certification under section 8, the department
11 determines the beverage container is no longer qualified for
12 certification, it shall withdraw certification.
13 (c) Withdrawal.--Withdrawal of certification shall be
14 effective not less than 30 days after written notice to the
15 person who filed the application for certification under section
16 8, and to the manufacturers referred to in section 8(b).
17 Section 10 8. Department powers and duties. <--
18 (A) ADMINISTRATION AND ENFORCEMENT.--The department shall be <--
19 charged with the administration and enforcement of this act. and <--
20 in furtherance thereof is
21 (B) REGULATORY POWER.--THE DEPARTMENT IS authorized and <--
22 directed to promulgate rules and regulations TO CARRY OUT THE <--
23 PROVISIONS OF THIS ACT.
24 Section 11 9. Agricultural report. <--
25 (a) Statistics.--The Department of Agriculture shall make a <--
26 comprehensive review of the administration, application and
27 impact of the provisions of this act relating to the sale of
28 beverages in reusable RETURNABLE containers and shall report to <--
29 the General Assembly annually.
30 (b) Availability of statistics.--The statistics shall be <--
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1 made available to farm groups, environmental groups and <--
2 governmental agencies THE GENERAL PUBLIC upon request. <--
3 Section 12 10. Penalties. <--
4 Any person who violates any provision of this act or any
5 regulation promulgated pursuant to it shall be guilty, upon
6 conviction, of a misdemeanor of the third degree.
7 Section 13 11. Effective date. <--
8 (a) Specific provisions.--The provisions of section 8 <--
9 relative to the application for and certification of beverage
10 containers and section 12 SECTION 8(B) shall take effect <--
11 immediately.
12 (b) In general.--The remainder of this act shall take effect
13 January 15 of the year immediately following the year of final
14 enactment.
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