Providing for the repeal of the beverage containers control program, and including effective date provisions

This bill provides for the repeal of the beverage containers control program, commonly referred to as the “bottle bill”. Under current law, when a distributor sells beverages in eligible containers to a dealer, the distributor adds 5 cents per eligible container to the sale price. When a dealer sells beverages in eligible containers to a consumer, the dealer adds the 5-cent deposit to the sale price of each beverage container. A consumer can take eligible beverage containers to a participating dealer 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 participating dealer, dealer agent, or redemption center, at which time the distributor pays the participating dealer, dealer agent, or redemption center 5 cents per eligible container plus a handling fee of an additional 1 cent or 3 cents per eligible container. Upon enactment, the bill strikes the provision of the beverage containers control program that requires a dealer to charge a consumer the refund value for each beverage container, repeals the requirement that the refund value be stated on containers, and repeals provisions relating to redemption center approval. Six months thereafter, the bill repeals the remaining provisions of the program, including provisions allowing a consumer to return beverage containers in exchange for the refund value, allowing a participating dealer or a person operating a redemption center to return beverage containers to a distributor in exchange for the refund value and handling fee, allowing refusal of beverage containers, and providing for enforcement and associated penalties. Any unencumbered and unobligated moneys remaining in the bottle bill fund are transferred to the general fund of the state. Thirty days later, any amount of refund value or handling fees possessed by a distributor after the distributor has made payments and fees required pursuant to current Code chapter 455C shall be considered the property of the distributor. During the 30-day period, a distributor who pays a handling fee for a beverage container that was sold for consumption off the premises and that used to contain beer, including high alcoholic content beer, may continue to claim a refund of the barrel tax as provided by current law.1. The bill amends various Code provisions to conform with changes to the beverage containers control program as changes to the program become effective.