I

104TH CONGRESS

1ST SESSION H. R. 1444

To amend the Solid Waste Disposal Act to require a refund value for certain

beverage containers, and to provide resources for State pollution prevention and recycling programs, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 6, 1995

Mr. MARKEY (for himself, Mr. BROWN of California, Mrs. JOHNSON of Connecticut, Mr. PALLONE, Mrs. KENNELLY, Mr. DELLUMS, Mr. FRANK of

Massachusetts, Mr. OLVER, and Mr. STUDDS) introduced the following

bill; which was referred to the Committee on Commerce

A BILL

To amend the Solid Waste Disposal Act to require a refund

value for certain beverage containers, and to provide

resources for State pollution prevention and recycling

programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Beverage

5 Container Reuse and Recycling Act of 1995’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
2

•HR 1444 IH

1 (1) The failure to reuse and recycle empty bev2 erage containers represents a significant and unnec3 essary waste of important national energy and mate4 rial resources.

5 (2) The littering of empty beverage containers

6 constitutes a public nuisance, safety hazard, and

7 aesthetic blight and imposes upon public agencies,

8 private businesses, farmers, and landowners unnec9 essary costs for the collection and removal of such

10 containers.

11 (3) Solid waste resulting from such empty bev12 erage containers constitutes a significant and rapidly

13 growing proportion of municipal solid waste and in14 creases the cost and problems of effectively manag15 ing the disposal of such waste.

16 (4) It is difficult for local communities to raise

17 the necessary capital needed to initiate comprehen18 sive recycling programs.

19 (5) The reuse and recycling of empty beverage

20 containers would help eliminate these unnecessary

21 burdens on individuals, local governments, and the

22 environment.

23 (6) Several States have previously enacted and

24 implemented State laws designed to protect the envi25 ronment, conserve energy and material resources
3

•HR 1444 IH

1 and promote resource recovery of waste by requiring

2 a refund value on the sale of all beverage containers,

3 and these have proven inexpensive to administer and

4 effective at reducing financial burdens on commu5 nities by internalizing the cost of recycling and litter

6 control to the producers and consumers of bev7 erages.

8 (7) A national system for requiring a refund

9 value on the sale of all beverage containers would

10 act as a positive incentive to individuals to clean up

11 the environment and would result in a high level of

12 reuse and recycling of such containers and help re13 duce the costs associated with solid waste manage14 ment.

15 (8) A national system for requiring a refund

16 value on the sale of all beverage containers would re17 sult in significant energy conservation and resource

18 recovery.

19 (9) The reuse and recycling of empty beverage

20 containers would eliminate these unnecessary bur21 dens on the Federal Government, local and State

22 governments, and the environment.

23 (10) The collection of unclaimed refunds from

24 such a system would provide the resources necessary
4

•HR 1444 IH

1 to assist comprehensive reuse and recycling pro2 grams throughout the Nation.

3 (11) A national system of beverage container

4 recycling is consistent with the intent of the Solid

5 Waste Disposal Act (42 U.S.C. 6901 et seq.).

6 (12) The provisions of this Act are consistent

7 with the goals set in January 1988, by the Environ8 mental Protection Agency, which establish a national

9 goal of 25 percent source reduction and recycling by

10 1992, coupled with a substantial slowing of the pro11 jected rate of increase in waste generation by the

12 year 2000.

13 SEC. 3. AMENDMENT OF SOLID WASTE DISPOSAL ACT.

14 (a) AMENDMENT.—The Solid Waste Disposal Act is

15 amended by adding the following new subtitle at the end

16 thereof:

17 ‘‘SUBTITLE K—BEVERAGE CONTAINER RECYCLING

18 ‘‘SEC. 12001. DEFINITIONS.

19 ‘‘For purposes of this subtitle—

20 ‘‘(1) The term ‘beverage’ means beer or other

21 malt beverage, mineral water, soda water, wine cool22 er, or a carbonated soft drink of any variety in liq23 uid form intended for human consumption.

24 ‘‘(2) The term ‘beverage container’ means a

25 container constructed of metal, glass, plastic, or

26 some combination of these materials and having a
5

•HR 1444 IH

1 capacity of up to one gallon of liquid and which is

2 or has been sealed and used to contain a beverage

3 for sale in interstate commerce. The opening of a

4 beverage container in a manner in which it was de5 signed to be opened and the compression of a bev6 erage container made of metal or plastic shall not,

7 for purposes of this section, constitute the breaking

8 of the container if the statement of the amount of

9 the refund value of the container is still readable.

10 ‘‘(3) The term ‘beverage distributor’ means a

11 person who sells or offers for sale in interstate com12 merce to beverage retailers beverages in beverage

13 containers for resale.

14 ‘‘(4) The term ‘beverage retailer’ means a per15 son who purchases from a beverage distributor bev16 erages in beverage containers for sale to a consumer

17 or who sells or offers to sell in commerce beverages

18 in beverage containers to a consumer.

19 ‘‘(5) The term ‘consumer’ means a person who

20 purchases a beverage container for any use other

21 than resale.

22 ‘‘(6) The term ‘refund value’ means the amount

23 specified as the refund value of a beverage container

24 under section 12002.
6

•HR 1444 IH

1 ‘‘(7) The term ‘wine cooler’ means a drink con2 taining less than 7 percent alcohol (by volume), con3 sisting of wine and plain, sparkling, or carbonated

4 water and containing any one or more of the follow5 ing: non-alcoholic beverage, flavoring, coloring mate6 rials, fruit juices, fruit adjuncts, sugar, carbon diox7 ide, preservatives.

8 ‘‘SEC. 12002. REQUIRED BEVERAGE CONTAINER LABELING.

9 ‘‘Except as otherwise provided in section 12007, no

10 beverage distributor or beverage retailer may sell or offer

11 for sale in interstate commerce a beverage in a beverage

12 container unless there is clearly, prominently, and securely

13 affixed to, or printed on, the container a statement of the

14 refund value of the container in the amount of 10 cents.

15 The Administrator shall promulgate rules establishing

16 uniform standards for the size and location of the refund

17 value statement on beverage containers. The 10 cent

18 amount specified in this section shall be subject to adjust19 ment by the Administrator as provided in section 12008.

20 ‘‘SEC. 12003. ORIGINATION OF REFUND VALUE.

21 ‘‘For each beverage in a beverage container sold in

22 interstate commerce to a beverage retailer by a beverage

23 distributor, the distributor shall collect from the retailer

24 the amount of the refund value shown on the container.

25 With respect to each beverage in a beverage container sold
7

•HR 1444 IH

1 in interstate commerce to a consumer by a beverage re2 tailer, the retailer shall collect from the consumer the

3 amount of the refund value shown on the container. No

4 person other than the persons described in this section

5 may collect a deposit on a beverage container.

6 ‘‘SEC. 12004. RETURN OF REFUND VALUE.

7 ‘‘(a) PAYMENT BY RETAILER.—If any person tenders

8 for refund an empty and unbroken beverage container to

9 a beverage retailer who sells (or has sold at any time dur10 ing the period of 3 months ending on the date of such

11 tender) the same brand of beverage in the same kind and

12 size of container, the retailer shall promptly pay such per13 son the amount of the refund value stated on the

14 container.

15 ‘‘(b) PAYMENT BY DISTRIBUTOR.—If any person

16 tenders for refund an empty and unbroken beverage con17 tainer to a beverage distributor who sells (or has sold at

18 any time during the period of 3 months ending on the

19 date of such tender) the same brand of beverage in the

20 same kind and size of container, the distributor shall

21 promptly pay such person (1) the amount of the refund

22 value stated on the container, plus (2) an amount equal

23 to at least 2 cents per container to help defray the cost

24 of handling. This subsection shall not preclude any person
8

•HR 1444 IH

1 from tendering beverage containers to persons other than

2 beverage distributors.

3 ‘‘(c) AGREEMENTS.—(1) Nothing in this subtitle

4 shall preclude agreements between distributors, retailers,

5 or other persons to establish centralized beverage collec6 tion centers, including centers which act as agents of such

7 retailers.

8 ‘‘(2) Nothing in this subtitle shall preclude agree9 ments between beverage retailers, beverage distributors, or

10 other persons for the crushing or bundling (or both) of

11 beverage containers.

12 ‘‘SEC. 12005. ACCOUNTING FOR UNCLAIMED REFUNDS AND

13 PROVISIONS FOR STATE RECYCLING FUNDS.

14 ‘‘(a) UNCLAIMED REFUNDS.—At the end of each cal15 endar year each beverage distributor shall pay to each

16 State an amount equal to the sum by which the total re17 fund value of all containers sold by the distributor for re18 sale in that State during that year exceeds the total sum

19 paid during that year by the distributor under section

20 12004(b) to persons in that State. The total of unclaimed

21 refunds received by any State under this section shall be

22 available to carry out pollution prevention and recycling

23 programs in that State.

24 ‘‘(b) REFUNDS IN EXCESS OF COLLECTIONS.—If the

25 total of payments made by a beverage distributor in any
9

•HR 1444 IH

1 calendar year under section 12004(b) for any State exceed

2 the total refund value of all containers sold by the dis3 tributor for resale in that State, the excess shall be cred4 ited against the amount otherwise required to be paid by

5 the distributor to that State under subsection (a) for a

6 subsequent calendar year designated by the beverage dis7 tributor.

8 ‘‘SEC. 12006. PROHIBITIONS ON DETACHABLE OPENINGS

9 AND POST-REDEMPTION DISPOSAL.

10 ‘‘(a) DETACHABLE OPENINGS.—No beverage dis11 tributor or beverage retailer may sell, or offer for sale,

12 in interstate commerce a beverage in a metal beverage

13 container a part of which is designed to be detached in

14 order to open such container.

15 ‘‘(b) POST-REDEMPTION DISPOSAL.—No retailer or

16 distributor or agent of a retailer or distributor may dis17 pose of any beverage container labeled under section

18 12002 or any metal, glass, or plastic from such a beverage

19 container (other than the top or other seal thereof) in any

20 landfill or other solid waste disposal facility.

21 ‘‘SEC. 12007. EXEMPTED STATES.

22 ‘‘(a) IN GENERAL.—The provisions of sections 12002

23 through 12005 and sections 12008 and 12009 of this sub24 title shall not apply in any State which—
10

•HR 1444 IH

1 ‘‘(1) has adopted and implemented require2 ments applicable to all beverage containers sold in

3 that State which the Administrator determines to be

4 substantially identical to the provisions of sections

5 12002 through 12005 and sections 12008 and

6 12009 of this subtitle; or

7 ‘‘(2) demonstrates to the Administrator that,

8 for any period of 12 consecutive months following

9 the date of the enactment of this subtitle, such State

10 achieved a recycling or reuse rate for beverage con11 tainers of at least 70 percent.

12 If at any time following a determination under paragraph

13 (2) that a State has achieved a 70 percent recycling or

14 reuse rate the Administrator determines that such State

15 has failed, for any 12-consecutive month period, to main16 tain at least a 70 percent recycling or reuse rate of its

17 beverage containers, the Administrator shall notify such

18 State that, upon the expiration of the 90-day period fol19 lowing such notification, the provisions under sections

20 12002 through 12005 and sections 12008 and 12009 shall

21 be applicable to that State until a subsequent determina22 tion is made under subparagraph (A) or a demonstration

23 is made under subparagraph (B).

24 ‘‘(b) DETERMINATION OF TAX.—No State or political

25 subdivision which imposes any tax on the sale of any bev-
11

•HR 1444 IH

1 erage container may impose a tax on any amount attrib2 utable to the refund value of such container.

3 ‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this

4 subtitle shall be construed to affect the authority of any

5 State or political subdivision thereof to enact or enforce

6 (or continue in effect) any law respecting a refund value

7 on containers other than beverage containers or from reg8 ulating redemption and other centers which purchase

9 empty beverage containers from beverage retailers, con10 sumers, or other persons.

11 ‘‘SEC. 12008. REGULATIONS.

12 ‘‘Not later than 12 months after the enactment of

13 this subtitle, the Administrator shall prescribe regulations

14 to carry out this subtitle. The regulations shall include a

15 definition of the term ‘beverage retailer’ in a case in which

16 beverages in beverage containers are sold to consumers

17 through beverage vending machines. Such regulations

18 shall also adjust the 10 cent amount specified in section

19 12002 to account for inflation. Such adjustment shall be

20 effective 10 years after the enactment of this subtitle and

21 additional adjustments shall take effect at 10 year inter22 vals thereafter.

23 ‘‘SEC. 12009. PENALTIES.

24 ‘‘Any person who violates any provision of section

25 12002, 12003, 12004, or 12006 shall be subject to a civil
12

•HR 1444 IH

1 penalty of not more than $1,000 for each violation. Any

2 person who violates any provision of section 12005 shall

3 be subject to a civil penalty of not more than $10,000 for

4 each violation.

5 ‘‘SEC. 12010. EFFECTIVE DATE.

6 ‘‘Except as provided in section 12008, this subtitle

7 shall take effect 2 years after the date of its enactment.’’.

8 (b) TABLE OF CONTENTS.—The table of contents for

9 such Act is amended by adding the following at the end

10 thereof:

‘‘SUBTITLE K—BEVERAGE CONTAINER RECYCLING

‘‘Sec. 12001. Definitions.

‘‘Sec. 12002. Required beverage containers labeling.

‘‘Sec. 12003. Origination of refund value.

‘‘Sec. 12004. Return of refund value.

‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recycling funds.

‘‘Sec. 12006. Prohibitions on detachable openings and post-redemption disposal.

‘‘Sec. 12007. Exempted States.

‘‘Sec. 12008. Regulations.

‘‘Sec. 12009. Penalties.

‘‘Sec. 12010. Effective date.’’.

Æ