PRINTER'S NO. 1236
No. 1090 Session of 1997
INTRODUCED BY HANNA, CURRY, MAITLAND, MASLAND, HENNESSEY, KREBS,
B. SMITH, CARONE, GORDNER, WALKO, ROEBUCK, BEBKO-JONES,
SHANER, McNAUGHTON, MUNDY, BATTISTO, BAKER, McCALL, COY,
EGOLF, CLARK, SERAFINI, C. WILLIAMS, CORPORA, STEELMAN,
LEVDANSKY, LEH, WAUGH, JOSEPHS, MANDERINO, STERN, CORNELL AND
BENNINGHOFF, APRIL 2, 1997
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
APRIL 2, 1997
AN ACT
1 Providing for return of beverage containers, for refund values,
2 for transactions by distributors and manufacturers and for
3 rights and remedies.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Returnable
8 Beverage Container Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Beverage." Beer or other malt beverages and mineral waters,
14 soda water and carbonated soft drinks in liquid form and
15 intended for human consumption.
16 "Container." An individual, separate, glass, metal,
1 aluminum, steel or plastic bottle, can or jar used for
2 containing less than one gallon or 3.8 liters at the time of
3 sale.
4 "Department." The Department of Environmental Protection of
5 the Commonwealth.
6 "Distributor." A person, firm or corporation which engages
7 in the sale of beverages in beverage containers to a consumer
8 for off-premises consumption in this Commonwealth.
9 "Manufacturer." A person, firm or corporation which bottles,
10 cans or otherwise fills or packages beverage containers or which
11 engages in the sale of such containers to a dealer.
12 "Redeemer." A person who demands the refund value provided
13 for in this act in exchange for the empty beverage container.
14 The term does not include a distributor as defined in this
15 section.
16 "Redemption center." An establishment offering to pay the
17 refund value of a beverage container under the provisions of
18 this act.
19 Section 3. Refund value.
20 Every beverage container sold or offered for sale in this
21 Commonwealth shall have a refund value of not less than 5¢. Each
22 container shall have the refund value clearly indicated thereon.
23 Section 4. Transactions.
24 (a) Distributor.--A distributor shall accept at his place of
25 business from a redeemer any empty beverage containers of the
26 design, shape, size, color, composition and brand sold by the
27 dealer and shall pay to the redeemer the refund value of each
28 beverage container.
29 (b) Manufacturer.--A manufacturer shall accept from a
30 distributor or operator of a redemption center any empty
19970H1090B1236 - 2 -
1 beverage containers of the design, shape, size, color,
2 composition and brand sold by the distributor and shall pay the
3 distributor or operator of a redemption center the refund value
4 of each beverage container.
5 (c) Additional reimbursement.--In addition to the refund
6 value of a beverage container, a manufacturer as part of its
7 agreement with any distributor or operator of a redemption
8 center shall reimburse the distributor or operator 1.5¢ for each
9 beverage container accepted by the manufacturer from such
10 distributor or operator of a redemption center.
11 (d) Right of action.--A manufacturer who initiates a deposit
12 on a beverage container shall reimburse any other manufacturer
13 who redeems the container for the deposit and handling fee paid
14 by the redeeming manufacturer. Without limiting the rights of
15 the department or any person, firm or corporation under this or
16 any other provision of this section, a manufacturer shall have a
17 civil right of action to enforce this subsection, including,
18 upon three days' notice, the right to apply for temporary and
19 preliminary injunctive relief against continuing violations and
20 until arrangements for collection and return of empty containers
21 or reimbursement of the redeeming manufacturer for deposits and
22 handling fees are made.
23 Section 5. Refusal.
24 (a) Refund value absent.--A distributor or operator of a
25 redemption center may refuse to accept from a redeemer and a
26 manufacturer may refuse to accept from a distributor or operator
27 of a redemption center any empty beverage container which does
28 not state thereon a refund value.
29 (b) Defective containers.--A distributor or operator of a
30 redemption center may also refuse to accept any broken bottle,
19970H1090B1236 - 3 -
1 corroded or damaged can or any beverage container which contains
2 a significant amount of foreign material, as determined in rules
3 and regulations promulgated by the department. Notwithstanding
4 the provisions of this subsection, a manufacturer shall accept
5 beverage containers as provided by section 4(b), if the
6 distributor accepted and paid the refund value of the beverage
7 containers.
8 Section 6. Imprint required.
9 (a) General rule.--Every beverage container sold or offered
10 for sale at retail in this Commonwealth shall clearly indicate
11 by embossing or imprinting on the normal product label, or in
12 the case of a metal beverage container on the top of the
13 container, the word "Pennsylvania" or the letters "PA" and the
14 refund value of the container in not less than one-quarter inch
15 type size or such other alternate indications as may be approved
16 by the department. This section does not prohibit including
17 names or abbreviations of other states with deposit legislation
18 comparable to this act.
19 (b) Exception.--This section shall not apply to permanently
20 labeled beverage containers.
21 Section 7. Rules and regulations.
22 The department shall promulgate rules and regulations
23 necessary to implement the provisions of this act.
24 Section 8. Effective date.
25 This act shall take effect in 60 days.
C6L12JRW/19970H1090B1236 - 4 -