Relating to beverage containers control provisions, including handling fees, refund value, applicability to certain beverages, and acceptance of beverage containers, and providing penalties

A consumer can take eligible beverage containers to a dealer, dealer agent, or 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 eligible container. The bill adds high alcoholic content beer and canned cocktails to the definition of “beverage”. The bill defines the term “participating dealer”.5-cent handling fee to a distributor upon delivery of beverages prior to January 1, 2032, and increases the handling fee that a participating dealer, dealer agent, or redemption center will collect from a distributor from cent to cents.5 cents on January 1, 2032. The bill requires a participating dealer to accept and pay the refund value of any empty 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 an empty beverage container for which the refund value has been paid. However, a dealer agent must return the refund value to a consumer within a reasonable time of the return of an empty beverage container for which the refund value has been paid, rather than immediately. A dealer can choose to not be a participating dealer if the dealer provides notice to the department of natural resources (DNR) and the place of business of the dealer is within a 15-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 determined by DNR. The bill requires a redemption center to file a notice with DNR but does not require DNR’s approval to operate a redemption center. The bill removes provisions of Code chapter 455C that relate to DNR’s authority to approve redemption centers and that relate to the redemption of refused nonrefillable metal beverage containers. The bill also allows a dealer or person operating a redemption center to enter into contracts or agreements for the collection or disposal of beverage containers. The bill authorizes DNR to establish a civil penalty of $2,500 for a violation of any provision of Code chapter 455C, except for a violation of a compliance order. The bill allows DNR to issue compliance orders, subject to judicial review, that may be enforced by the attorney general. A violation of a compliance order is subject to a civil penalty of not more than $10,000 per day per violation. The bill provides that any amount of refund value or handling fees possessed by a distributor after the distributor has made required payments shall be considered the property of the distributor.