‘‘SEC. 12006. PROHIBITIONS ON DISPOSAL. 
‘‘No retailer or distributor or agent of a retailer or 
distributer may dispose of any beverage container labeled 
under section 12002 or any metal, glass, or plastic from 
such a beverage container (other than the top or other 
seal thereof) in any landfill or other solid waste disposal 
facility. 
‘‘SEC. 12007. EXEMPTED STATES. 
‘‘(a) IN GENERAL.—The provisions of sections 12002 
through 12005 and sections 12008 and 12009 of this sub-
title shall not apply in any State which— 
‘‘(1) has adopted and implemented, before the 
date of enactment of this subtitle, a law requiring 
beverage container deposits; or 
‘‘(2) demonstrates to the Administrator that, 
for any period of 12 consecutive months following 
the date of enactment of this subtitle, such State 
achieved a recycling or reuse rate for beverage con-
tainers of at least— 
‘‘(A) 50 percent for the first 3 years after 
the date of enactment of this subtitle; 
‘‘(B) 60 percent for the subsequent 2 year 
period; and 
‘‘(C) 70 percent during any period there-
after. 
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Paragraph (1) shall only apply with respect to the first 
3 years after the date of enactment of this subtitle. If at 
any time following a determination under paragraph (2) 
that a State has achieved the applicable percentage recy-
cling or reuse rate the Administrator determines that such 
State has failed, for any 12-consecutive month period, to 
maintain at least the applicable percentage recycling or 
reuse rate of its beverage containers, the Administrator 
shall notify such State that, upon the expiration of the 
90-day period following such notification, the provisions 
under sections 12002 through 12005 and sections 12008 
and 12009 shall be applicable to that State until a subse-
quent determination is made under subparagraph (A) or 
a demonstration is made under subparagraph (B). 
‘‘(b) DETERMINATION OF TAX.—No State or political 
subdivision which imposes any tax on the sale of any bev-
erage container may impose a tax on any amount attrib-
utable to the refund value of such container. 
‘‘(c) EFFECT ON OTHER LAWS.—Nothing in this 
subtitle shall be construed to affect the authority of any 
State or political subdivision thereof to enact or enforce 
(or continue in effect) any law respecting a refund value 
on containers other than beverage containers or from reg-
ulating redemption and other centers which purchase 
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empty beverage containers from beverage retailers, con-
sumers, or other persons. 
‘‘SEC. 12008. REGULATIONS. 
‘‘Not later than 12 months after the date of enact-
ment of this subtitle, the Administrator shall prescribe 
regulations to carry out this subtitle. The regulations shall 
include a definition of the term ‘beverage retailer’ in a case 
in which beverages in beverage containers are sold to con-
sumers through beverage vending machines. Such regula-
tions shall also adjust the 5 cent amount specified in sec-
tion 12002 and the 2 cent amount specified in section 
12004 to account for inflation. Such adjustment shall be 
effective 10 years after the date of enactment of this sub-
title and additional adjustments shall take effect at 10 
year intervals thereafter. The regulations shall also permit 
the Administrator to increase such amounts by an addi-
tional amount after the expiration of 5 years after the date 
of enactment of this subtitle. 
‘‘SEC. 12009. PENALTIES. 
‘‘Any person who violates any provision of section 
12002, 12003, 12004, or 12006 shall be subject to a civil 
penalty of not more than $1,000 for each violation. Any 
person who violates any provision of section 12005 shall 
be subject to a civil penalty of not more than $10,000 for 
each violation. 
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‘‘SEC. 12010. EFFECTIVE DATE. 
‘‘Except as provided in section 12008, this subtitle 
shall take effect 2 years after the date of its enactment.’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
such Act is amended by adding the following at the end 
thereof: 
‘‘Subtitle K—Beverage Container Recycling 
‘‘Sec. 12001. Definitions. 
‘‘Sec. 12002. Required beverage container labeling. 
‘‘Sec. 12003. Origination of refund value. 
‘‘Sec. 12004. Return of refund value. 
‘‘Sec. 12005. Accounting for unclaimed refunds and provisions for State recy-
cling funds. 
‘‘Sec. 12006. Prohibitions on disposal. 
‘‘Sec. 12007. Exempted States. 
‘‘Sec. 12008. Regulations. 
‘‘Sec. 12009. Penalties. 
‘‘Sec. 12010. Effective date.’’. 
Æ 
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