SSB 1225

A consumer can take eligible beverage containers to a dealer, dealer agent, or a redemption center and receive a 5-cent refund for every eligible beverage container that the consumer returns. A distributor collects eligible containers from a dealer, dealer agent, or redemption center, at which time the distributor pays the dealer, dealer agent, or redemption center cents per eligible container plus a handling fee of an additional cent per empty container. The bill creates a definition for “participating dealer”. The bill requires any dealer to pay a 1-cent handling fee to a distributor upon delivery of beverages and increases the handling fee that a participating dealer, dealer agent, or redemption center will charge a distributor from cent to cents. The bill requires a participating dealer to accept and pay the refund value of any beverage container, except as currently provided by law. The bill requires a participating dealer or a redemption center to immediately return the refund value to a consumer upon the return and acceptance of a beverage container for which the refund value has been paid. However, a dealer agent shall return the refund value to a consumer within a reasonable time for the return of a beverage container for which the refund value has been paid. A dealer can choose to not be a participating dealer by providing notice to the department of natural resources and only if the place of business of the dealer is within a 10-mile radius of a redemption center or dealer agent. The bill requires the registration of the universal product code for each beverage container in a format provided by the department of natural resources. The bill requires a redemption center to file a notice with the department of natural resources but does not require the department of natural resources to grant approval for any redemption centers. _____ containers. The bill authorizes the department to establish a civil penalty of $2,500 for a violation of any provision of Code chapter 455C. The bill allows the department to issue compliance orders, subject to judicial review, that may be enforced by the attorney general’s office. A violation of a compliance order is subject to a fine of not more than $10,000 per day per violation. The bill takes effect July 1, 2020.