Code of Massachusetts Regulations › 301 CMR - EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS › Title 301 CMR 4.00 - PROVISIONS FOR RECYCLING OF BEVERAGE CONTAINERS › Section 4.05 - Refunds and Acceptance of Empty Beverage Containers

Current through Register 1525, July 5, 2024
(1)
Dealer's
			 Obligations
. Except as provided in
			 301 CMR
			 4.03(2)(c), a dealer shall
			 accept from any person during all of his business hours any empty beverage
			 container of the type, size, and brand sold by the dealer within the past 60
			 days and shall pay that person the refund value as indicated on each beverage
			 container returned. In the event that a dealer discontinues the sale of any
			 beverage and beverage container of the type, size, and brand sold by such
			 dealer within the past 60 days, such dealer shall clearly post in a visible
			 location on his premises a notice that empty beverage containers of that type,
			 size, and brand will no longer be accepted by such dealer after the expiration
			 of 60 days.
(2)
Distributors' Obligations
. Except as provided in 301
			 CMR 4.05(5) and
			 4.03(2)(c),
			 a distributor shall accept from any dealer any empty beverage container of the
			 type, size, and brand sold by the distributor within the past 60 days, and
			 shall pay the dealer the refund value of the beverage container as indicated
			 thereon plus a handling fee of 02.25¢ per container.
Acceptance of beverage containers from dealers shall be the
				responsibility and expense of distributors, and shall not be made less
				convenient and easy for dealers than acceptance at the time of delivery of
				filled containers. If the dealer pays cash upon the purchase of filled beverage
				containers, any refund value plus handling fee due that dealer with respect to
				empty beverage containers returned at the time of such purchase for cash shall
				be paid by the distributor within 15 days of receipt of such empty beverage
				containers or by the fifth business day of the month following receipt of such
				empty beverage containers.
In the event that a distributor discontinues the sale of any
				beverage and beverage container of the type, size, and brand sold by such
				distributor within the past 60 days, such distributor shall clearly provide
				notice to all dealers with whom he conducts business that empty beverage
				containers of that type, size, and brand will no longer be accepted by such
				distributor after the expiration of 60 days.
(3)
Bottlers'
			 Obligations
. Except as provided in 301 CMR 4.05(5) and
			 4.03(2)(c),
			 a bottler shall accept from a distributor or a dealer, any empty reusable
			 beverage container of the type, size, and brand sold by the bottler within the
			 past 60 days and shall pay the distributor or dealer the refund value of the
			 reusable beverage container as indicated thereon plus a handling fee of at
			 least 10 per container if the empty reusable container is presented at the time
			 and at the location where the distributor or dealer obtains filled reusable
			 beverage containers from the bottler; provided, however, that a bottler other
			 than a bottler of soft drinks manufacturing in the Commonwealth who offers to
			 refund deposit is in accordance with 301 CMR 4.05, shall not require a
			 distributor to pay the bottler a deposit for a beverage container which is not
			 reusable, nor shall a bottler require of a distributor that beverage containers
			 which are not reusable, be presented to the bottler at the location where the
			 distributor obtains filled beverage containers.
In the event that a bottler discontinues the sale of any
				beverage and beverage container of the type, size, and brand sold by such
				bottler within the past 60 days, such bottler shall clearly provide notice to
				all distributors and dealers with whom he conducts business, that empty
				beverage containers of that type, size, and brand will no longer be accepted by
				such bottler after the expiration of 60 days.
(4)
Rights of Redemption
			 Centers
. Except as provided in
			 301 CMR
			 4.03(2)(c), and 4.05(5), a
			 distributor shall accept from any redemption center any empty beverage
			 container of the type, size, and brand sold by the distributor within the past
			 60 days, and shall pay the redemption center the refund value of the beverage
			 container as indicated thereon plus a handling fee. The handling fee shall be
			 3.25¢ per beverage container. Any amount due a redemption center shall be
			 paid by the distributor within 15 days of receipt of empty beverage containers
			 or by the fifth business day of the month following receipt of empty beverage
			 containers.
In the event that a distributor discontinues the sale of any
				beverage and beverage container of the type, size, and brand sold by such
				distributor within the past 60 days, such distributor shall clearly provide
				notice to all redemption centers with whom he conducts business that empty
				beverage containers of that type, size, and brand will no longer be accepted by
				such distributor after the expiration of 60 days.
(5)
Permissive
			 Refusal
.
(a)
Condition of the Beverage Container
. A bottler,
			 dealer, distributor or redemption center may refuse to accept for redemption a
			 beverage container which is not in acceptable condition. For a refillable glass
			 beverage container, the container must be able to hold liquid, be able to be
			 resealed, be in its original shape, and not be chipped or cracked to be
			 acceptable. A nonrefillable glass beverage container may be chipped, but it may
			 not have the bottom broken out or the neck broken off to be acceptable. Metal
			 cans and plastic bottles must be easily identifiable and reasonably intact to
			 be acceptable.
(b)
Filth in the Beverage Container
. A bottler, dealer,
			 distributor or redemption center may refuse to accept a container which is not
			 in a reasonably clean condition. An empty beverage container shall be free of
			 foreign materials, such as paper, sticks, and cigarettes.
(c)
Liquid in the Beverage
			 Container
. A bottler, distributor, dealer, or redemption center
			 may refuse to accept beverage containers that are not empty. A beverage
			 container is not empty if it holds a liquid in any significant
			 amount.
(d)
Vending
			 Machine Exemption
. An operator of vending machine(s) who sells
			 beverages in containers only in vending machine(s) may refuse to accept
			 beverage containers for redemption if he has posted a conspicuous notice on
			 each vending machine indicating that a refund of not less than $.05 is
			 available on each container purchased and where and from whom the refund may be
			 obtained.