SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HOLSMAN (Sponsor), GRILL, HARRIS (110), HODGES, MEINERS, OXFORD, DAUS, McCLANAHAN AND ROORDA (Co-sponsors).
Read 1st time February 7, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 260, RSMo, by adding thereto six new sections relating to the recycling of containers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 260, RSMo, is amended by adding thereto six new sections, to be known as sections 260.2000, 260.2003, 260.2006, 260.2009, 260.2012, and 260.2015, to read as follows:
260.2000. As used in sections 260.2000 to 260.2015, the following words shall mean:
(1) "Beverage", wine, wine coolers, intoxicating liquor, beer, mineral water, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption;
(2) "Beverage container", any sealed glass, plastic, or metal bottle, can, jar, or carton containing a beverage;
(3) "Consumer", any person who purchases a beverage in a beverage container for use or consumption;
(4) "Dealer", any person who engages in the sale of beverages in beverage containers to a consumer;
(5) "Dealer agent", a person who solicits or picks up empty beverage containers from a dealer for the purpose of returning the empty beverage containers to a distributor or manufacturer;
(6) "Department", the department of natural resources;
(7) "Director", the director of the department;
(8) "Distributor", any person who engages in the sale of beverages in beverage containers to a dealer in this state, including any manufacturer who engages in such sales;
(9) "Division", the division of environmental quality within the department;
(10) "Geographic territory", the geographical area within a perimeter formed by the outermost boundaries served by a distributor;
(11) "Manufacturer", any person who bottles, cans, or otherwise fills beverage containers for sale to distributors or dealers;
(12) "Nonrefillable beverage container", a beverage container not intended to be refilled for sale by a manufacturer;
(13) "Redemption center", a facility at which consumers may return empty beverage containers and receive payment for the refund value of the empty beverage containers.
260.2003. 1. A refund value of five cents shall be paid by the consumer on each beverage container sold in this state by a dealer for consumption off the premises. Upon return of the empty beverage container upon which a refund value has been paid to the dealer or person operating a redemption center and acceptance of the empty beverage container by the dealer or person operating a redemption center, the dealer or person operating a redemption center shall return the amount of the refund value to the consumer.
2. In addition to the refund value provided in subsection 1 of this section, a dealer, or person operating a redemption center who redeems empty beverage containers or a dealer agent shall be reimbursed by the distributor required to accept the empty beverage containers an amount which is one cent per container. A dealer, dealer agent, or person operating a redemption center may compact empty metal beverage containers with the approval of the distributor required to accept the containers.
260.2006. 1. A dealer shall not refuse to accept from a consumer any empty beverage container of the kind, which is less than one gallon in size and is a brand sold by the dealer, or refuse to pay to the consumer the refund value of a beverage container as provided under section 260.2003.
2. A distributor shall accept and pick up from a dealer served by the distributor or a redemption center for a dealer served by the distributor at least weekly, or when the distributor delivers the beverage product if deliveries are less frequent than weekly, any empty beverage container of the kind, which is less than one gallon in size and is a brand sold by the distributor, and shall pay to the dealer or person operating a redemption center the refund value of a beverage container and the reimbursement as provided under section 260.2003 within one week following pickup of the containers or when the dealer or redemption center normally pays the distributor for the deposit on beverage products purchased from the distributor if less frequent than weekly. A distributor or employee or agent of a distributor is not in violation of this subsection if a redemption center is closed when the distributor attempts to make a regular delivery or a regular pickup of empty beverage containers.
3. A distributor shall not be required to pay to a manufacturer a deposit or refund value on a nonrefillable beverage container.
4. A distributor shall accept from a dealer agent any empty beverage container of the kind, which is less than one gallon in size, and is a brand sold by the distributor and which was picked up by the dealer agent from a dealer within the geographic territory served by the distributor and the distributor shall pay the dealer agent the refund value of the empty beverage container and the reimbursement as provided in section 260.2003.
260.2009. 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, at which consumers may return empty beverage containers and receive payment of the refund value of such beverage containers.
2. An application for approval of a redemption center shall be filed with the department. 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 which 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 contain such other information as the director may reasonably require.
3. The department shall approve a redemption center if it finds that the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the department approving a redemption center shall state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center must accept. The order may contain such other provisions to ensure that the redemption center will provide a convenient service to the public as the director may determine.
4. The department may review the approval of any 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 division may, after hearing, withdraw approval of a redemption center if the division finds there has not been compliance with the department's order approving the redemption center, or if the redemption center no longer provides a convenient service to the public.
5. All approved redemption centers shall meet applicable health standards.
260.2012. Beginning August 28, 2008, the final disposal of beverage containers by a dealer, distributor, or manufacturer, or person operating a redemption center in a sanitary landfill is prohibited.
260.2015. The department shall promulgate rules to implement the provisions of sections 260.2000 to 260.2015. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly under chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
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