On page 3, line 10, after "(11)" insert "(a)"

On page 3, after line 18, insert the following:

"(b) "Covered beverage container" does not include beverage containers filled and packaged on-site at on-site consumption establishments at the time the beverage is purchased by the customer, including but not limited to to-go cocktails, wine, or beer packaged for off-site consumption under WAC 314-03-505, as it existed as of January 1, 2025."

On page 4, line 6, after "(17)" insert ""Online food delivery network company" means a corporation, partnership, sole proprietorship, or other entity that operates in this state and uses a digital network to connect consumers with on-site consumption establishments or delivery drivers to facilitate the purchase and delivery of prepared food or covered beverage containers.

(18)"

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 4, line 10, after "(18)" insert ""On-site consumption establishment" means any person, corporation, partnership, business, dealer, hotel, facility, vendor, organization, caterer, or individual that sells beverages in covered beverage containers that are intended for immediate consumption on the premises. An establishment that sells beverages in covered beverage containers for off-site consumption is an "on-site consumption establishment" as long as the establishment also sells beverages in covered beverage containers intended for immediate consumption on the premises.

(19)"

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 14, line 10, after "consumer." insert "The refund value may not be embedded into the listed price of the covered beverage container."

On page 18, line 36, after "(2)" insert "On-site consumption establishments must charge and remit the refund value of covered beverage containers sold for off-site consumption to the recycling refund producer responsibility organization. The refund value shall be separately stated on a receipt, invoice, or similar billing document given to the consumer. The on-site consumption establishment must submit the following to the recycling refund producer responsibility organization:

(a) Remitted the refund value for covered beverage containers sold for off-site consumption;

(b) Information related to point-of-sale transactions for covered beverage containers sold for off-site consumption.

(3) The on-site consumption establishment must receive reasonable compensation from the recycling refund producer responsibility organization for costs associated with program implementation including, but not limited to, support for operational systems, facilitation of refund value transactions, and the submission of relevant sales data for covered beverage containers.

(4)"

On page 19, after line 2, insert the following:

"(3) Transactions involving the sale of covered beverage containers from retail establishments to licensed on-site consumption establishments for resale shall be exempt from collecting and remitting the refund value if the following conditions are met:

(a) The purchaser is an on-site consumption establishment business with a valid Washington state business license and/or reseller's permit, which identifies them as a licensed reseller for the purposes of purchasing covered beverage containers for resale or distribution in a hospitality setting;

(b) The covered beverage containers are purchased by the on-site consumption establishment in bulk (e.g., flats or large cases) for resale or use in food or beverage service to customers in an on-site consumption establishment setting; and

(c) The covered beverage containers are not subject to a refund when they are transferred from the retail establishment to the on-site consumption establishment, provided the transaction is documented via invoice or receipt, indicating that the transaction is for resale or use in hospitality services.

(4) On-site consumption establishments that sell beverages exclusively for on-premises consumption and do not package beverages for takeout or delivery shall not be responsible for collecting or remitting the refund value.

(5) An online food delivery network company that facilitates the sale and delivery of beverages in covered beverage containers from an on-site consumption establishment to a consumer shall be responsible for remitting the applicable refund value to the recycling refund producer responsibility organization."