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Regular Session, 2011
HOUSE BILL NO. 412
BY REPRESENTATIVE LAMBERT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
ENVIRONMENT/RECYCLING: Creates the Louisiana Beverage Container Law
AN ACT1
To enact Part III of Chapter 21 of Subtitle II of Title 30 of the Louisiana Revised Statutes2
of 1950, to be comprised of R.S. 30:2553 through 2553.9, relative to the regulation3
of beverage containers; to provide for legislative findings and purpose; to provide4
for definitions; to provide for refund value; to provide for beverage container5
requirements and prohibitions; to provide for mandatory acceptance of beverage6
containers; to provide for refusal of acceptance; to provide for authority of the7
secretary of the Department of Environmental Quality; to provide for unredeemed8
deposits; to provide for violations; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. Part III of Chapter 21 of Subtitle II of Title 30 of the Louisiana Revised11
Statutes of 1950, comprised of R.S. 30:2553 through 2553.9, is hereby enacted to read as12
follows:13
PART III. THE LOUISIANA BEVERAGE14
CONTAINER LAW15
§2553. Citation16
This Part may be cited as the "Louisiana Beverage Container Law".17
§2553.1. Legislative findings; policy; purpose18
A. The legislature hereby finds that litter composed of discarded soft drink19
and alcoholic beverage bottles and cans is a growing problem of state concern and20 HLS 11RS-324 ORIGINAL
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a direct threat to the health and safety of the citizens of this state. Discarded1
beverage bottles and cans create a hazard to vehicular traffic, a source of physical2
injury to pedestrians, farm animals, and machinery, and an unsightly accumulation3
of litter, which must be disposed of at an increasing public expense. Beverage4
bottles and cans also create an unnecessary addition to the state's and municipalities'5
already overburdened solid waste and refuse and disposal systems. Unsegregated6
disposal of such bottles and cans creates an impediment to the efficient operation of7
resource recovery plants.8
B. The legislature hereby finds that the uninhibited discard of beverage9
containers constitutes a waste of both mineral and energy resources.10
C. The legislature hereby finds that requiring a deposit on all beverage11
containers, along with certain other facilitating measures, will provide a necessary12
incentive for the economically efficient and environmentally benign collection and13
recycling of such containers.14
§2553.2. Definitions15
As used in this Chapter, the following terms shall have the meaning ascribed16
to them in this Section unless the context clearly indicates otherwise:17
(1) "Beverage" means water, flavored water, or nutritionally enhanced water;18
carbonated soft drinks, mineral water, soda water, or other nonalcoholic carbonated19
drinks; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine20
drink or a mixed spirit drink.21
(2) "Beverage container" means the individual, separate, sealed metal,22
plastic, or glass, can, bottle, or jar used for containing a beverage intended for use23
or consumption in the state, which at the time of sale contains less than seventy fluid24
ounces of a beverage.25
(3) "Dealer" means every person, firm, or corporation who engages in the26
sale of, or offers for sale, beverages in beverage containers to a consumer for off-27
premises consumption in this state, including an operator of a vending machine28
containing a beverage container.29 HLS 11RS-324 ORIGINAL
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(4) "Department" means the Louisiana Department of Environmental1
Quality.2
(5) "Distributor" means any person, firm, or corporation which sells3
beverages in beverage containers to a dealer within this state and includes a4
manufacturer who engages in such sales.5
(6) "Manufacturer" means a person who bottles, cans, or otherwise places6
beverages in beverage containers for sale to distributors, dealers, consumers, or7
importers of filled beverage containers into the United States.8
(7) "Mixed spirit drink" means a drink containing ten percent or less alcohol9
by volume of distilled spirits mixed with nonalcoholic beverages or flavoring or10
coloring materials and which may contain water, fruit juices, fruit adjuncts, sugar,11
carbon dioxidate, or preservatives, or any spirits-based beverage, regardless of the12
percent of alcohol by volume.13
(8) "Mixed wine drink" means a drink or similar product marketed as a wine14
cooler and containing less than seven percent alcohol by volume, consisting of wine15
and plain, sparkling, or carbonated water and containing any one or more of the16
following: nonalcoholic beverages, flavoring, coloring materials, fruit juices, fruit17
adjuncts, sugar, carbon dioxidate, or preservatives.18
(9) "Operator of a vending machine" means equally its owner, the person19
who fills it, and the owner or lessee of the property upon which it is located.20
(10) "Person" means an individual, partnership, corporation, association, or21
other legal entity.22
(11) "Place of business" means the location at which a dealer sells or offers23
for sale beverages in beverage containers to consumers.24
(12) "Redeemer" means every person who demands the refund value25
provided for herein in exchange for the empty beverage containers.26
(13) "Redemption center" means any establishment authorized to give credit27
for the refund value and handling fees of a beverage container under the provisions28
of R.S. 30:2553.7.29 HLS 11RS-324 ORIGINAL
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(14) "Secretary" means the secretary of the Department of Environmental1
Quality.2
(15) "Unredeemed deposits" means money lost or held by a manufacturer for3
containers in the possession of distributors, dealers, and consumers.4
(16) "Use or consumption" means the exercise of any right or power incident5
to the ownership of a beverage other than the sale or the keeping or retention of a6
beverage, for the purpose of sale.7
(17) "Within this state" means within the exterior limits of the state of8
Louisiana, including the territory within these limits owned or ceded to the United9
States of America. Beverage containers sold or distributed aboard interstate carriers10
shall be considered as intended for use of consumption outside this state.11
§2553.3. Refund value12
Every beverage container sold or offered for sale in this state shall have a13
minimum refund value of five cents.14
§2553.4. Beverage container requirements and prohibitions15
A.(1) Every beverage container sold or offered for sale in this state by a16
manufacturer, distributor, or dealer shall clearly indicate by permanently marking or17
embossing the container or by printing as part of the product label in one-fourth inch18
type size, on the body of the container, the refund value of the container and the19
letters "LA Refund". Such information may be embossed or printed on a label which20
is securely or permanently affixed to the beverage container. Other state refunds21
may also appear on the label.22
(2) A bottle beverage container must also have such refund value23
information on the neck of the bottle.24
(3) A can beverage container must also have such refund value information25
indicated on the top of the can.26
(4) Such embossing or permanent imprinting on the beverage container shall27
be the responsibility of the person, firm, or corporation which bottles, cans, or28
otherwise fills or packages a beverage container; however, the duly authorized29 HLS 11RS-324 ORIGINAL
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department registered agent of any such person, firm, or corporation may indicate1
such refund value by a label securely affixed on any beverage imported into this2
state.3
B. The provisions of Paragraph (A)(1) of this Section and R.S.4
30:2553.6(A)(1) shall not apply to glass beverage containers having a brand name5
permanently marked thereon which, on the effective date of this Part, had a refund6
value in accordance with R.S. 30:2553.3.7
C. No distributor or dealer shall sell or offer for sale in this state, at8
wholesale or retail, any metal beverage container so designed and constructed that9
a part of the container is detachable in opening the container.10
D. No distributor or dealer shall sell or offer for sale in this state beverage11
containers connected to each other by a separate holding device constructed of12
plastic.13
§2553.5. Mandatory acceptance14
Except as provided in R.S. 30:2553.6:15
(1) Every dealer who sells beverages in beverage containers shall, during his16
normal course of business, accept from a redeemer any empty beverage containers17
of the same type, size, and brand sold by him and shall pay the redeemer the18
Louisiana refund value of each.19
(2) Every distributor who sells beverages in beverage containers shall, during20
his normal course of business accept, from a dealer or authorized redemption center,21
any empty beverage containers of the size, type, and brand sold by him and shall pay22
the dealer the Louisiana refund value and handling fee of each.23
(3) Every manufacturer who sells beverage containers shall during his24
normal course of business, accept from a distributor, any empty beverage containers25
of the size, type, and brand sold by him and shall reimburse the distributor the26
Louisiana refund value and handling fee of each.27
(4) Handling fees paid by distributors to dealers or redemption centers will28
be:29 HLS 11RS-324 ORIGINAL
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(a) Beverage containers with a volume of less than thirty-two ounces–not1
less than two cents.2
(b) Beverage containers with a volume of thirty-two ounces or more–not3
less than four cents.4
§2553.6. Refusal of acceptance of a beverage container5
A. A dealer or redemption center may refuse to accept any broken glass6
bottle, dismembered container, or any beverage container which contains a free-7
flowing liquid, does not properly indicate a Louisiana refund value, or contains a8
foreign material. For purposes of this Subsection:9
(1) A glass bottle is broken if it is not able to hold liquid or to be resealed,10
is not in its original shape, or is cracked.11
(2) A can or plastic bottle is dismembered if its body is not in one piece.12
(3) A can or plastic bottle which is crushed or flattened is not dismembered.13
(4) Small amounts of dust, dirt, or moisture do not constitute a significant14
amount of foreign material.15
B. A dealer may but is not required to accept from a redeemer empty16
beverage containers for a refund in excess of twenty dollars on any given day.17
§2553.7. Authority of the secretary18
A. The secretary may promulgate rules and regulations governing:19
(1) The circumstances in which dealers, distributors, and manufacturers,20
individually or collectively, are required to accept the return of empty beverage21
containers and make payment therefor.22
(2) The sorting of the containers, which a distributor or manufacturer may23
require of dealers and distributors.24
(3) The pickup of returned beverage containers by distributors, including the25
party to whom such expense is to be charged, the frequency of such pickups, and the26
payment for refunds and handling fees thereon.27
(4) The right of dealers to restrict or limit the number of containers28
redeemed.29 HLS 11RS-324 ORIGINAL
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(5) The rules for redemption at the dealer's place of business.1
(6) The redemption of containers from a beverage for which sales have2
discontinued.3
(7) The reporting requirements from manufactures of the amount of deposits4
collected and paid, and the required amounts to be paid for unredeemed deposits to5
the department or return of payments by the department.6
B. The secretary may promulgate rules and regulations governing the7
initiations of deposits, the sale of beverages in containers through vending machines8
and for on-premises consumption, recordkeeping, refunding for refillable beverage9
containers, embossing, imprinting, or labeling of refund values and for enforcement,10
all of which may be necessary and appropriate for the implementation of this Part.11
C. The secretary is authorized to issue permits to persons, firms, or12
corporations which establish redemption centers, subject to applicable provisions of13
local and state laws, at which redeemers and dealers may return empty beverage14
containers and receive payment of the refund value and applicable handling fees of15
such beverage containers. No dealer or distributor, as defined in R.S. 30:2553.2,16
shall be required to obtain a permit to operate a redemption center at the same17
location as the dealer's or distributor's place of business. Operators of such18
redemption centers shall receive payment of the refund value and applicable19
handling fees of each beverage container from the appropriate manufacturer or20
distributor as provided under R.S. 30:2553.5.21
§2553.8. Unredeemed deposit22
On or before March thirtieth of each year, each manufacturer shall report to23
the department the total dollar amount of deposits collected and the total amount of24
deposits refunded, and pay the appropriate portion of unredeemed deposits to the25
department or apply for return of payments from the two previous years, pursuant to26
rules and regulations promulgated by the department. Any such amounts paid to the27
department shall be deposited into the Environmental Trust Fund established in R.S.28
30:2015 and shall be used for the administration of this Chapter.29 HLS 11RS-324 ORIGINAL
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§2553.9. Violations; penalties1
Any person violating any provision of this Part shall be liable for a civil2
penalty of not more than five thousand dollars, and an additional civil penalty of not3
more than five hundred dollars for each day during which such violation continues.4
Any civil penalty may be assessed following a hearing or opportunity to be heard.5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Lambert HB No. 412
Abstract: Provides for a system of deposits and redemption on glass and metal beverage
containers.
Proposed law creates the La. Beverage Container Law as follows:
(1)Defines "beverage", "beverage container", "dealer", "department", "distributor",
"manufacturer", "mixed spirit drink", "mixed wine drink", "operator of a vending
machine", "person", "place of business", "redeemer", "redemption center",
"secretary", "unredeemed deposits", "use or consumption", and "within this state".
(2)Provides for a minimum refund of 5¢ on every beverage container sold or offered for
sale.
(3)Requires every beverage container sold in this state to clearly indicate the refund
value of the container and the letters "LA Refund". Exempts glass beverage
containers which already have a refund value on the container.
(4)Prohibits the sale of any metal beverage container with a detachable part for opening
the container. Prohibits the sale of beverage containers connected by a separate
plastic holding device.
(5)Requires every dealer who sells beverages in beverage containers to accept the
container from and pay to the redeemer the La. refund value. Requires every
distributor to accept any empty beverage containers from the dealer or authorized
redemption center and to pay the dealer the La. refund value and handling fee of
each. Requires each manufacturer who sells beverage containers to accept from a
distributor any empty containers and reimburse the distributor the La. refund value
and handling fee of each.
(6)Requires handling fees to be not less than 2¢ on beverage containers with a volume
of less than 32 oz. and not less than 4¢ on beverage containers with a volume of 32
oz. or more.
(7)Allows a dealer or redemption center to refuse to accept any broken glass bottle,
dismembered container, or any container which contains a free-flowing liquid, does
not properly indicate a La. refund value, or contains a foreign material.
(8)Allows, but does not require, a dealer to accept from a redeemer empty beverage
containers for a refund in excess of $20 on any given day. HLS 11RS-324 ORIGINAL
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(9)Allows the secretary of DEQ to promulgate rules and regulations concerning the
circumstances in which a dealer is required to accept the return of empty containers
and make payments, the sorting of the containers which a distributor or manufacturer
may require, the pickup of returned containers by distributors, the right of dealers to
restrict or limit the number of containers redeemed, the rules for redemption at the
dealer's place of business, the redemption of containers from a beverage for which
sales have discontinued and the initiations of deposits, sales through vending
machines and on-premises consumption, recordkeeping, refunding for refillable
containers, labeling, and reporting and payment requirements of manufacturers.
(10)Authorizes the secretary to issue permits to establish redemption centers. Allows
dealers or distributors to operate a redemption center at their same location without
a permit.
(11)Requires each manufacturer to report to DEQ, on or before March 30 of each year,
the total dollar amount of deposits collected and refunded, and pay the appropriate
portion of the unredeemed deposits to DEQ or apply for return of payments from
previous years.
(12)Unredeemed deposits paid to DEQ shall be into the Environmental Trust Fund and
shall be used for the administration of proposed law.
(13)Subjects violators to civil penalty of not more than $5,000 for violations and
additional penalties of not more than $500 for each day the violation continues.
(Adds R.S. 30:2553-2553.9)