PRINTER'S NO. 337
No. 223 Session of 1997
INTRODUCED BY GREENLEAF, HELFRICK, HECKLER, PUNT, KUKOVICH AND LEMMOND, FEBRUARY 3, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 3, 1997
AN ACT 1 Requiring the use of refundable beverage containers; 2 establishing container requirements; providing for redemption 3 of beverage containers and for powers and duties of the 4 Department of Agriculture; and imposing penalties. 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 Reusable 9 Container Act. 10 Section 2. Legislative findings. 11 The General Assembly finds as follows: 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 this 15 Commonwealth. 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.
1 (3) Unsegregated disposal of beverage containers burdens 2 constantly diminishing landfill capacity, impeding the 3 efficient operation of resource recovery plants. 4 (4) Discarded beverage containers create a hazard to 5 vehicular traffic, as well as a source of physical injury to 6 pedestrians, farm animals and machinery. 7 (5) Requiring a deposit on beverage containers will 8 provide incentive for the economically efficient collection 9 and recycling of beverage containers. 10 (6) The establishment of redemption centers will provide 11 new job positions within this Commonwealth, while 12 simultaneously reducing the critical litter dilemma. 13 Section 3. Definitions. 14 The following words and phrases when used in this act shall 15 have the meanings given to them in this section unless the 16 context clearly indicates otherwise: 17 "Beverage." The term includes the following: 18 (1) Soft drink, soda water, carbonated natural or 19 mineral water or other nonalcoholic carbonated drink. 20 (2) Beer, ale or other malt drink containing an 21 alcoholic content. 22 "Beverage container." A bottle, can, jar or carton composed 23 of glass, metal, plastic or any combination of these substances, 24 containing one gallon or less of a beverage. 25 "Beverage distributor." A person who engages in the sale of 26 beverages in beverage containers to a retailer in this 27 Commonwealth, including any manufacturer who engages in sales of 28 this nature. 29 "Beverage manufacturer." A person bottling, canning or 30 otherwise filling beverage containers for sale to distributors 19970S0223B0337 - 2 -
1 or retailers. 2 "Consumer." A person who purchases a beverage in a beverage 3 container for use or consumption. 4 "Department." The Department of Agriculture of the 5 Commonwealth. 6 "Redemption center." An establishment offering to pay the 7 refund value of a beverage container pursuant to section 5. 8 "Retailer." A person in this Commonwealth who engages in the 9 sale of beverages in beverage containers to a consumer for off- 10 premises consumption. 11 "Secretary." The Secretary of Agriculture of the 12 Commonwealth. 13 "Use" or "consumption." The exercise of any right or power 14 over a beverage incidental to its ownership, other than sale or 15 possession for the purpose of sale. 16 Section 4. Minimum refund value. 17 (a) General rule.--A beverage container sold or offered for 18 sale in this Commonwealth, except beverage containers sold or 19 offered for sale for consumption on an interstate passenger 20 carrier, shall have a refund value of not less than 10¢. 21 (b) Initiation.--The refund value shall be initiated by the 22 first distributor of the beverage container who is not a 23 beverage manufacturer, except that: 24 (1) the beverage manufacturer shall initiate the refund 25 value on any such beverage container which is sold to a 26 person who is not a distributor; and 27 (2) the beverage manufacturer shall initiate the refund 28 value on any refillable beverage container. 29 Section 5. Redemption. 30 (a) Return of beverage container and refund of deposit.--A 19970S0223B0337 - 3 -
1 retailer shall provide on the premises, or within 100 yards of 2 the premises on which the retailer sells or offers for sale a 3 beverage in a beverage container, a convenient means whereby 4 beverage containers of all kinds and brands sold or offered for 5 sale by the retailer may be returned by and the deposit refunded 6 in cash to a person whether or not the person is the original 7 customer of the retailer and whether or not the container was 8 sold by the retailer. 9 (b) Regional redemption centers.--Regional centers for 10 redemption of beverage containers may be established in addition 11 to, but not as substitutes for, the means for refund of deposits 12 provided for in subsection (a). 13 (c) Acceptance of beverage containers and payment of 14 refunds.--Except as provided in subsections (d) and (f), a 15 retailer shall not refuse to accept from a person an empty 16 beverage container of any kind and brand sold by the retailer, 17 nor refuse to pay to the person its full refund value in cash. 18 (d) Consumption of beverage on premises.--A retailer who 19 does not require a deposit on a returnable container when the 20 contents are consumed in the retailer's sale or consumption area 21 shall not be required to pay a refund for accepting that empty 22 container. 23 (e) Beverage distributor's acceptance of containers and 24 payment of refunds to dealers.--Except as provided in subsection 25 (f), a beverage distributor shall not refuse to accept from a 26 retailer an empty beverage container of any kind and brand sold 27 by the beverage distributor, nor refuse to pay to the retailer 28 its full refund value in cash. 29 (f) Exception to requirement to accept beverage 30 containers.--A beverage distributor or retailer may, but is not 19970S0223B0337 - 4 -
1 required to, refuse to accept from a person an empty beverage 2 container which does not state on the beverage container the 3 refund value of the container. 4 Section 6. Regulation of redemption centers. 5 (a) Establishment of program.--The department shall 6 establish a program relating to the establishment and operation 7 of redemption centers and shall promulgate regulations necessary 8 for carrying out the purposes of this act. 9 (b) Permits.--The department shall issue permits to persons, 10 firms or corporations which desire to establish regional 11 redemption centers subject to applicable State and local laws 12 and ordinances where consumers may return empty beverage 13 containers and receive payment of the refund value of the 14 beverage container. The department shall give priority to 15 municipalities and municipal authorities when issuing permits to 16 operate regional redemption centers. 17 (c) Exception.--The provisions of subsection (b) shall not 18 apply to a retailer or beverage distributor who desires to 19 operate a redemption center at the same location as its place of 20 business. 21 Section 7. Indication of refund value required; certain metal 22 beverage containers and holding devices 23 prohibited. 24 (a) Statement on container.--A beverage container sold or 25 offered for sale in this Commonwealth by a beverage 26 manufacturer, distributor or retailer shall indicate clearly the 27 refund value of the container, either by embossing, by stamp, by 28 labeling or by another method that is securely affixed to the 29 beverage container. 30 (b) Exclusion.--Subsection (a) shall not apply to a glass 19970S0223B0337 - 5 -
1 beverage container having a brand name permanently marked on it 2 which, on the effective date of this act, had a refund value of 3 not less than 10¢. 4 (c) Prohibition.--A person shall not sell or offer for sale 5 in this Commonwealth a metal beverage container designed and 6 constructed so that a part of the container is detachable in 7 opening the container. 8 (d) Limitation on holding devices.--A beverage container 9 shall not be sold or offered for sale in this Commonwealth if it 10 is connected to one or more beverage containers by a separate 11 holding device constructed of material which is not 12 biodegradable or photodegradable. 13 Section 8. Department powers and duties. 14 The department shall administer and enforce this act and in 15 furtherance of its duties is authorized and directed to 16 promulgate regulations. 17 Section 9. Agricultural report. 18 (a) Statistics.--The department shall make a comprehensive 19 review of the administration, application and impact of the 20 provisions of this act and shall report to the General Assembly 21 annually. 22 (b) Availability of statistics.--Statistics compiled by the 23 department shall be made available to farm groups, environmental 24 groups and governmental agencies upon request. 25 Section 10. Penalties. 26 A person who violates any provision of this act or any rule 27 or regulation promulgated under this act shall be punished as 28 follows: 29 (1) If the violation has been completed, the person 30 shall pay a civil penalty of not less than $250 nor more than 19970S0223B0337 - 6 -
1 $1,000 for each completed violation. The civil penalty shall 2 be assessed and collected by the secretary. If the violation 3 has been completed and there is a substantial likelihood that 4 it will reoccur, the secretary may also bring an action in 5 the court of common pleas of the county in which the 6 violation occurred to restrain, by temporary or permanent 7 injunction, the violation. 8 (2) If the violation is continuing, the secretary may 9 assess and collect the civil penalty provided for in 10 paragraph (1) and may also bring an action in the court of 11 common pleas of the county in which the violation is 12 occurring to restrain, by temporary or permanent injunction, 13 the violation. 14 Section 11. Conciliation. 15 (a) Discretion of secretary.--In the secretary's discretion, 16 the secretary may endeavor by conciliation to obtain compliance 17 with this act or any rule or regulation promulgated under this 18 act. 19 (b) Notice.--Conciliation shall be initiated by giving 20 written notice to the alleged violator of the following: 21 (1) A summary of the facts supporting the alleged 22 violation and a reference to the provision of this act or a 23 rule or regulation that is alleged to have been violated. 24 (2) Establishment of a reasonable time period for 25 correction of the alleged violation. 26 (3) The right to a hearing on the alleged violation if 27 the hearing is requested on or before the date specified in 28 the notice. 29 (4) Establishment of a proposed date for correction of 30 the alleged violation. 19970S0223B0337 - 7 -
1 (c) Order.--If a hearing is not requested on or before the 2 date established in the notice, the secretary may order that the 3 alleged violation be corrected by the date set forth in the 4 notice, or the secretary may hold a public hearing in accordance 5 with 2 Pa.C.S. (relating to administrative law and procedure) on 6 the alleged violation. 7 Section 12. Effective date. 8 This act shall take effect as follows: 9 (1) Sections 6 and 8 shall take effect immediately. 10 (2) The remainder of this act shall take effect in 180 11 days. L30L03WMB/19970S0223B0337 - 8 -