BP BHEAD INT H [atlas:bill]

AN ACT Relating to the return and reuse of beverage containers; amending RCW 70.132.010 and 70.132.020; and adding new sections to chapter 70.132 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 70.132.010 and 1982 c 113 s 1 are each amended to read as follows:

(1) The legislature finds that the bottled and canned beverage industry has grown significantly since 1972, when a policy on the return and reuse of beverage containers was first considered in several states. Use of energy and materials for the manufacture of individual containers made of metal and glass is higher than for reused containers made of the same materials. Therefore, energy and material use solely attributable to the growth of the industry has increased. Several states have instituted successful long-term programs for the return and reuse of beverage containers. For many reasons, including global warming, energy and materials conservation, finite landfill space, and the continuing need for litter control, the legislature believes that individual beverage containers should be returned and reused whenever possible.

(2) The legislature finds that beverage containers designed to be opened through the use of detachable metal rings or tabs are hazardous to the health and welfare of the citizens of this state and detrimental to certain wildlife. The detachable parts are susceptible to ingestion by human beings and wildlife. The legislature intends to eliminate the danger posed by these unnecessary containers by prohibiting their retail sale in this state.

Sec. 2. RCW 70.132.020 and 1983 c 257 s 1 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Beverage" means beer or other malt beverage or mineral water, fruit juice or juice drinks, soda water, or other drink in liquid form and intended for human consumption. The term does not include milk-based, soy-based, or similar products requiring heat and pressure in the canning process.

(2) "Beverage container" means a separate and sealed can or bottle containing a beverage.

(3) "Dealer" means every person in the state of Washington who engages in the sale of beverages in beverage containers to a consumer, or means a redemption center certified under section 7 of this act.

(4) "Department" means the department of ecology created under chapter 43.21A RCW.

(5) "Distributor" means every person who engages in the sale of beverages in beverage containers to a dealer in the state of Washington including any manufacturer who engages in such sales.

(6) "Manufacturer" means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.

(7) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a county, or any subdivision or instrumentality of a state, and its employees, agents, or legal representatives.

NEW SECTION. Sec. 3. A new section is added to chapter 70.132 RCW to read as follows:

Every beverage container sold or offered for sale in the state shall have a refund value of not less than fifteen cents.

NEW SECTION. Sec. 4. A new section is added to chapter 70.132 RCW to read as follows:

(1) Except as provided in this section, a dealer shall accept from any person any empty beverage containers of the kind, size, and brand sold by the dealer, and shall pay to that person the refund value of the beverage container as established by section 3 of this act.

(2) Except as provided in this section, a distributor shall accept from a dealer any empty beverage containers of the kind, size, and brand sold by the distributor, and shall pay the dealer the refund value of the beverage container as established by section 3 of this act.

(3) A dealer may refuse to accept from any person, and a distributor may refuse to accept from any dealer, any empty beverage container that does not state on it a refund value as established by section 3 of this act.

(4) A dealer may refuse to accept and to pay the refund value of any beverage container visibly containing or contaminated by a substance other than water, residue of the original contents, or ordinary dust.

(5) A dealer may refuse to accept and to pay the refund value of more than one hundred forty-four individual beverage containers returned by any one person during one day.

(6) In order to refuse containers under subsection (4) or (5) of this section, the dealer must post in each area where containers are received a clearly visible and legible sign containing the following information:

"NOTICE:

Washington law allows a dealer to refuse to accept:

1.Beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents, or ordinary dust; or

2.More than one hundred forty-four individual beverage containers from any one person during one day."

NEW SECTION. Sec. 5. A new section is added to chapter 70.132 RCW to read as follows:

Beginning January 1, 2001, every beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, or by a label or other method securely affixed to the beverage container, the refund value of the container.

NEW SECTION. Sec. 6. A new section is added to chapter 70.132 RCW to read as follows:

(1) To promote the use of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the department of licensing may certify beverage containers that satisfy the requirements of this section.

(2) A beverage container may be certified if:

(a) It is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and

(b) More than one manufacturer will in the ordinary course of business accept the beverage container for reuse as a beverage container and pay the refund value of the container.

(3) The department may by rule establish appropriate liquid capacities and shapes for beverage containers to be certified or decertified in accordance with the purposes in subsection (1) of this section.

(4) A beverage container shall not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed thereon, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.

(5) Unless an application for certification under this section is denied by the liquor control board within sixty days after the filing of the application, the beverage container shall be deemed certified.

(6) The department may review at any time certification of a beverage container. If after such review, with written notice and hearing afforded to the person who filed the application for certification under this section, the department determines the container is no longer qualified for certification, it shall withdraw certification.

(7) Withdrawal of certification shall be effective not less than thirty days after written notice to the person who filed the application for certification under this section and to the manufacturers under this section.

NEW SECTION. Sec. 7. A new section is added to chapter 70.132 RCW to read as follows:

(1) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the department of licensing, at which any person may return empty beverage containers and receive payment of the refund value of such beverage containers.

(2) Application for approval of a redemption center shall be filed with the department of licensing. The application shall state the name and address of the person responsible for the establishment and operation of the redemption center, the kind and brand names of the beverage containers that will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application shall include such additional information as the department may require.

(3) The department of licensing shall approve a redemption center if it finds the center will provide a convenient service for the return of empty beverage containers. The order of the department approving a redemption center shall identify the dealers to be served by the redemption center and the kind and brand names of empty beverage containers that the redemption center must accept. The order may contain any other provisions that ensure the redemption center will provide a convenient service to the public as the department may determine.

(4) The department of licensing may review approval of a redemption center at any time. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the department may, after hearing, withdraw approval of a redemption center if the department finds there has not been compliance with its order approving the redemption center, or if the redemption center no longer provides a convenient service to the public.