HB2042I-Introduced Bill Text

SECOND REGULAR SESSION

HOUSE BILL NO. 2042

90TH GENERAL ASSEMBLY


INTRODUCED BY REPRESENTATIVES GASKILL, ROBIRDS, MERIDETH (Co-sponsors), MYERS,

BARTELSMEYER, BERKSTRESSER, WILLIAMS (121) AND SUMMERS.

Read 1st time February 17, 2000, and 1000 copies ordered printed.

ANNE C. WALKER, Chief Clerk

4299L.01I


AN ACT

To amend chapter 260, RSMo, relating to beverage container control by adding thereto fifteen new sections relating to the same subject, with an effective date and penalty provisions.




Be it enacted by the General Assembly of the state of Missouri, as follows:

Section A. Chapter 260, RSMo, is amended by adding thereto fifteen new sections, to be known as sections 260.850, 260.852, 260.854, 260.856, 260.858, 260.860, 260.862, 260.864, 260.866, 260.868, 260.870, 260.872, 260.874, 260.876 and 260.878, to read as follows:

260.850. As used in sections 260.850 to 260.878, the following terms shall mean:

(1) "Beverage", beer and other malt beverages, including nonintoxicating beer, as defined in subsection 2 of section 312.010, RSMo, soft drinks as defined in section 196.365, RSMo, and mineral water, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;

(2) "Beverage container", any sealed glass, plastic, or metal bottle, can, jar or carton containing a beverage;

(3) "Consumer", any person who purchases a beverage in a beverage container for use or consumption;

(4) "Dealer", any person who engages in the sale of beverages in beverage containers to a consumer;

(5) "Dealer agent", a person who solicits or picks up empty beverage containers from a dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer;

(6) "Department", the department of natural resources;

(7) "Director", the director of the department of natural resources;

(8) "Distributor", any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales;

(9) "Geographic territory", the geographical area within a perimeter formed by the outermost boundaries served by a distributor;

(10) "Manufacturer", any person who bottles, cans or otherwise fills beverage containers for sale to distributors or dealers;

(11) "Nonrefillable beverage container", a beverage container not intended to be refilled for sale by a manufacturer;

(12) "Redemption center", a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers.

260.852. 1. A refund value of not less than five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the dealer or person operating a redemption center and acceptance of the empty beverage container by the dealer or person operating a redemption center, the dealer or person operating a redemption center shall return the amount of the refund value to the consumer.

2. In addition to the refund value provided in subsection 1 of this section, a dealer, or person operating a redemption center who redeems empty beverage containers or a dealer agent shall be reimbursed by the distributor required to accept the empty beverage containers an amount equal to one cent per container. A dealer, dealer agent or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.

260.854. Except as provided in section 260.856:

(1) A dealer shall not refuse to accept from a consumer any empty beverage container of the kind, size and brand sold by the dealer, or refuse to pay to the consumer the refund value of a beverage container pursuant to section 260.852;

(2) A distributor shall accept and pick up from a dealer served by the distributor or a redemption center for a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly, any empty beverage container of the kind, size and brand sold by the distributor, and shall pay to the dealer or person operating a redemption center the refund value of a beverage container and the reimbursement pursuant to section 260.852 within one week following pick up of the containers or when the dealer or redemption center normally pays the distributor for the deposit on beverage products purchased from the distributor if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of this subsection if a redemption center is closed when the distributor attempts to make a regular delivery or a regular pick up of empty beverage containers;

(3) A distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container;

(4) A distributor shall accept from a dealer agent any empty beverage container of the kind, size and brand sold by the distributor and which was picked up by the dealer agent from a dealer within the geographic territory served by the distributor and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement pursuant to section 260.852.

260.856. 1. Except as provided in subsection 3 of section 260.858, a dealer, a person operating a redemption center, a distributor or a manufacturer may refuse to accept any empty beverage container which does not have stated on it a refund value pursuant to section 260.852.

2. A dealer may refuse to accept and to pay the refund value of any empty beverage container if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the department approving a redemption center pursuant to section 260.860.

3. A manufacturer or distributor may refuse to accept and to pay the refund value and reimbursement as provided in section 260.852 on any empty beverage container that was picked up by a dealer agent from a dealer outside the geographic territory served by the manufacturer or distributor.

260.858. 1. Each beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, label or other method securely affixed to the container, the refund value of the container. The department shall specify, by rule, the minimum size of the refund value indication on the beverage containers.

2. A person, except a distributor, shall not import into this state after July 1, 2002, a beverage container which does not have securely affixed to the container the refund value indication. The provisions of this subsection do not apply if:

(1) For beverage containers containing beer, the total capacity is not more than two hundred eighty-eight fluid ounces;

(2) For all other beverage containers, the total capacity is not more than five hundred seventy-six fluid ounces.

3. The provisions of subsections 1 and 2 of this section do not apply to a refillable glass beverage container which has a brand name permanently marked on it and which has a refund value of not less than five cents, to any other refillable beverage container which has a refund value of not less than five cents and which is exempted by the director, or to a beverage container sold aboard a commercial airliner or passenger train for consumption on the premises.

260.860. 1. To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers.

2. An application for approval of a redemption center shall be filed with the department. The application shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application shall contain such other information as the director may reasonably require.

3. The department shall approve a redemption center if it finds that the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center must accept. The order may contain such other provisions to ensure that the redemption center will provide a convenient service to the public as the director may determine.

4. The department may review the approval of any redemption center at any time. After written notice to the person responsible for the establishment and operation of the redemption center, and to the dealers served by the redemption center, the director may, after hearing, withdraw approval of a redemption center if the director finds there has not been compliance with the department's order approving the redemption center, or if the redemption center no longer provides a convenient service to the public.

5. All approved redemption centers shall meet applicable health standards.

260.862. Any person may establish a redemption center which has not been approved by the department, at which a consumer may return empty beverage containers and receive payment of the refund value of the beverage containers. The establishment of an unapproved redemption center shall not relieve any dealer from the responsibility of redeeming any empty beverage containers of the kind and brand sold by the dealer.

260.864. A person shall not sell or offer for sale at retail in this state any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.

260.866. The director is authorized to adopt all rules necessary to carry out the provisions of sections 260.850 to 260.878. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

260.868. Any person aggrieved by an order of the department relating to the approval or withdrawal of approval for a redemption center may seek review of such order as provided in chapter 621, RSMo.

260.870. 1. Any person violating the provisions of sections 260.852, 260.854, 260.858 and 260.864, or a rule adopted pursuant to the authority of section 260.866 is guilty of a class C misdemeanor.

2. A distributor who collects or attempts to collect a refund value on an empty beverage container when the distributor has paid the refund value on the container to a dealer, redemption center, or consumer is guilty of a class C misdemeanor.

3. Any person who does any of the following acts is guilty of a class B misdemeanor:

(1) Collects or attempts to collect the refund value on the container a second time, with the knowledge that the refund value has once been paid by the distributor to a dealer, redemption center or consumer;

(2) Manufactures, sells, possesses or applies a false or counterfeit label or indication which shows or purports to show a refund value for a beverage container, with intent to use the false or counterfeit label or indication;

(3) Collects or attempts to collect a refund value on a container with the use of a false or counterfeit label or indication showing a refund value, knowing the label or indication to be false or counterfeit;

4. As used in this section, a false or counterfeit label or indication means a label or indication purporting to show a valid refund value which has not been initially applied as authorized by a distributor.

5. Subsection 2 and subdivision (1) of subsection 3 of this section have no application to empty beverage containers which are intended to be refillable and are in a standard of condition except for sanitization to be refillable by the manufacturer.

260.872. A distributor may enter into a contract or agreement with any other distributor, manufacturer or person for the purpose of collecting or paying the refund value on, or disposing of, beverage containers as provided in sections 260.850 to 260.878.

260.874. 1. If the refund value indication required pursuant to section 260.858 on an empty nonrefillable metal beverage container is readable but the redemption of the container is lawfully refused by a dealer or person operating a redemption center pursuant to sections 260.850 to 260.856, sections 260.860 to 260.878, or rules adopted pursuant to these sections, the container shall be accepted and the refund value paid to a consumer as provided in this section. Each beer distributor selling nonrefillable metal beverage containers in this state shall provide individually or collectively by contract or agreement with a dealer, person operating a redemption center or another person, at least one facility in the county seat of each county where refused empty nonrefillable metal beverage containers having a readable refund value indication as required by this chapter are accepted and redeemed. In cities having a population of twenty-five thousand or more, the number of the facilities provided shall be one for each twenty-five thousand population or a fractional part of that population.

2. A beer distributor violating this section is guilty of a class C misdemeanor.

260.876. 1. A person shall not manufacture, offer for sale, or sell any single-serving beverage container which is a plastic can nor offer for sale or sell any beverage packaged in a single-serving plastic can. For the purposes of this section, a "plastic can" means a beverage container which, in addition to the closure mechanism, is composed of plastic and metal.

2. A person violating this section is guilty of a class A misdemeanor.

260.878. Beginning July 1, 2002, the final disposal of beverage containers by a dealer, distributor, or manufacturer, or person operating a redemption center, in a sanitary landfill, is prohibited.

Section B. Section A of this act shall become effective on January 1, 2002.



Missouri House of Representatives