Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
Senator ANDREW ZWICKER
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Co-Sponsored by:
Senator B.Smith
SYNOPSIS
Beverage Container Deposit Act; requires use of returnable beverage containers in NJ and establishes deposit and refund system to facilitate return of such containers to manufacturers for reuse or proper disposal.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the establishment of a container deposit and refund system to facilitate the reuse, recycling, and proper disposal of beverage containers sold in the State, supplementing Title 13 of the Revised Statutes, and repealing section 5 of P.L.2007, c.311.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known, and may be cited as, the Beverage Container Disposal Act.
2. As used in this act:
Account-based bulk processing program means a beverage container recycling program implemented by a redemption center or pick-up agent that meets the requirements of rules adopted by the department, is approved by the department, consolidates beverage containers subject to the requirements of this chapter through bulk sorting, collects data regarding each container sorted, provides electronic data reports specifying the number of containers sorted by universal product code along with information regarding the container brand, redemption location and container material type to support an accounting of deposits, fees, and material weight and prepares the sorted containers for sale to recyclers. An account-based bulk processing program may include a bag drop program as a program component.
Bag drop program" means a beverage container recycling program implemented by a redemption center that meets the requirements of rules adopted by the department and that allows a person to drop off beverage containers subject to the requirements of this chapter in a bag or other receptacle at one or more identified locations and to have the corresponding refund placed into an account to be held for the benefit of the person in a manner that allows the person to obtain the refund or a refund receipt within 10 calendar days following the drop-off. A bag-drop program may be implemented as part of, or in conjunction with an account-based bulk processing program.
Beverage means any drinkable liquid intended for human oral consumption. Beverage does not include: a drug regulated under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.); infant formula; a meal replacement liquid; or dairy products derived from animal milk.
Beverage container or container means a prepackaged container, such as a bottle, can, carton, pouch, or aseptic packaging which: is made of any material or combination of materials, including, but not limited to, glass, plastic, paper, cardboard, or metal; contains a beverage; and has a volume of not more than one gallon. Beverage container or container shall not include a beverage cup.
Brand means a word, name, symbol, trademark, group of letters, or any combination thereof, which is adopted and used by a manufacturer to identify a specific flavor or type of beverage, and to distinguish that flavor or type from another beverage being produced or marketed by that manufacturer or by another manufacturer.
Certified as reusable means that a beverage container is officially recognized, by the department, as being reusable in nature.
Container deposit or deposit means a $0.10 deposit surcharge, equaling the refund value of a container, which surcharge: is originated by a distributor on each filled beverage container sold or offered for sale in this State; is paid by the dealer and by the consumer of the beverage, upon sale and delivery of the filled beverage container thereto; and may be refunded to the consumer and the dealer, as appropriate, upon the consumers or dealers return of the empty beverage container.
Container refund or refund means a cash reimbursement of the $0.10 container deposit that was previously paid on a filled beverage container, which is granted to a consumer or dealer, as appropriate, upon the consumers or dealers return of the empty container.
Dealer means a person who sells, or offers for sale, one or more filled beverage containers directly to consumers in this State. Dealer includes the owner or operator of a vending machine that dispenses filled beverage containers, or any other person, including the owner or lessee of the property upon which a vending machine is located, who accepts deliveries of filled beverage containers to the vending machine.
Department means the Department of Environmental Protection.
Designated container means a beverage container that has a symbol, mark, label, or other distinguishing characteristic that enables a reverse vending machine to determine whether the container is a returnable beverage container for which a refund is warranted.
Distributor means a manufacturer or other person who sells, or offers for sale, one or more filled beverage containers to a dealer in the State. Distributor includes a non-profit organization which a group of distributors has elected to create or appoint, pursuant to section 12 of this act, to fulfill their obligations under the Beverage Container Deposit Act.
Empty means that a beverage container contains nothing inside except the residue of its original contents.
Filled means that a beverage container is unopened and contains a beverage.
Manufacturer means a person who bottles, cans, or otherwise places beverages in beverage containers for sale to distributors, dealers, or consumers.
Metal beverage container means a beverage container composed primarily of metal.
Off-site consumption means consumption of a beverage while outside of a sale and consumption area.
On-site consumption means consumption of a beverage while inside of a sale and consumption area.
Over-redeemer means a distributor who, in a single year, expends more money through the issuance of container refunds than the distributor collects in container deposits.
Over-redemption credit means a credit offered by the Department of the Treasury to a distributor who, in a single year, expends more money through the issuance of con