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Regular Session, 2012
HOUSE BILL NO. 1046
BY REPRESENTATIVE LAMBERT
ENVIRONMENT/RECYCLING: Creates the La. 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 acceptance of beverage containers; to6
provide for refusal of acceptance; to provide for authority of the secretary of the7
Department of Environmental Quality; to provide for unredeemed deposits; to8
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 12RS-1571 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 as well as economic opportunities for small businesses14
and a consistent source of the materials for recycling and reuse of the earth's natural15
resources.16
§2553.2. Definitions17
As used in this Chapter, the following terms shall have the meaning ascribed18
to them in this Section unless the context clearly indicates otherwise:19
(1) "Beverage" means water, flavored water, or nutritionally enhanced water;20
carbonated soft drinks, mineral water, soda water, or other nonalcoholic carbonated21
drinks; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine22
drink or a mixed spirit drink.23
(2) "Beverage container" means the individual, separate, sealed metal,24
plastic, or glass, can, bottle, or jar used for containing a beverage intended for use25
or consumption in the state, which at the time of sale contains less than seventy fluid26
ounces of a beverage.27
(3) "Dealer" means every person, firm, or corporation who engages in the28
sale of, or offers for sale, beverages in beverage containers to a consumer for off-29 HLS 12RS-1571 ORIGINAL
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premises consumption in this state, including an operator of a vending machine1
containing a beverage container.2
(4) "Department" means the Louisiana Department of Environmental3
Quality.4
(5) "Distributor" means any person, firm, or corporation which sells5
beverages in beverage containers to a dealer within this state and includes a6
manufacturer who engages in such sales.7
(6) "Manufacturer" means a person who bottles, cans, or otherwise places8
beverages in beverage containers for sale to distributors, dealers, consumers, or9
importers of filled beverage containers into the United States.10
(7) "Mixed spirit drink" means a drink containing ten percent or less alcohol11
by volume of distilled spirits mixed with nonalcoholic beverages or flavoring or12
coloring materials and which may contain water, fruit juices, fruit adjuncts, sugar,13
carbon dioxidate, or preservatives, or any spirits-based beverage, regardless of the14
percent of alcohol by volume.15
(8) "Mixed wine drink" means a drink or similar product marketed as a wine16
cooler and containing less than seven percent alcohol by volume, consisting of wine17
and plain, sparkling, or carbonated water and containing any one or more of the18
following: nonalcoholic beverages, flavoring, coloring materials, fruit juices, fruit19
adjuncts, sugar, carbon dioxidate, or preservatives.20
(9) "Operator of a vending machine" means equally its owner, the person21
who fills it, and the owner or lessee of the property upon which it is located.22
(10) "Person" means an individual, partnership, corporation, association, or23
other legal entity.24
(11) "Place of business" means the location at which a dealer sells or offers25
for sale beverages in beverage containers to consumers.26
(12) "Redeemer" means every person who demands the refund value27
provided for herein in exchange for the empty beverage containers.28 HLS 12RS-1571 ORIGINAL
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(13) "Redemption center" means any establishment authorized to give credit1
for the refund value and handling fees of a beverage container under the provisions2
of R.S. 30:2553.7.3
(14) "Secretary" means the secretary of the Department of Environmental4
Quality.5
(15) "Use or consumption" means the exercise of any right or power incident6
to the ownership of a beverage other than the sale or the keeping or retention of a7
beverage, for the purpose of sale.8
(16) "Within this state" means within the exterior limits of the state of9
Louisiana, including the territory within these limits owned or ceded to the United10
States of America. Beverage containers sold or distributed aboard interstate carriers11
shall be considered as intended for use of consumption outside this state.12
§2553.3. Refund value; deposit collection13
Every beverage container sold or offered for sale in this state shall have a14
minimum refund value of five cents. The deposit of the refund value shall be15
collected by the dealer at the time of sale and remitted monthly to the Department16
of Environmental Quality in accordance with rules and regulation adopted pursuant17
to this Part. The deposit shall be paid to a redeemer upon return of a beverage18
container to an authorized redemption center.19
§2553.4. Beverage container requirements and prohibitions20
A.(1) Every beverage container sold or offered for sale in this state by a21
manufacturer, distributor, or dealer shall clearly indicate by permanently marking or22
embossing the container or by printing as part of the product label in one-fourth inch23
type size, on the body of the container, the refund value of the container and the24
letters "LA Refund". Such information may be embossed or printed on a label which25
is securely or permanently affixed to the beverage container. Other state refunds26
may also appear on the label.27
(2) A bottle beverage container must also have such refund value28
information on the neck of the bottle.29 HLS 12RS-1571 ORIGINAL
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(3) A can beverage container must also have such refund value information1
indicated on the top of the can.2
(4) Such embossing or permanent imprinting on the beverage container shall3
be the responsibility of the person, firm, or corporation which bottles, cans, or4
otherwise fills or packages a beverage container; however, the duly authorized5
department registered agent of any such person, firm, or corporation may indicate6
such refund value by a label securely affixed on any beverage imported into this7
state.8
B. The provisions of Paragraph (A)(1) of this Section and R.S.9
30:2553.6(A)(1) shall not apply to glass beverage containers having a brand name10
permanently marked thereon which, on the effective date of this Part, had a refund11
value in accordance with R.S. 30:2553.3.12
§2553.5. Acceptance; handling fee13
Except as provided in R.S. 30:2553.6:14
(1) Every authorized redemption center shall accept from a redeemer any15
empty beverage container and shall pay the redeemer the Louisiana refund value of16
each.17
(2) Handling fees paid by the department to the redemption center shall be18
not less than two cents.19
§2553.6. Refusal of acceptance of a beverage container20
A. A redemption center may refuse to accept any broken glass bottle,21
dismembered container, or any beverage container which contains a free-flowing22
liquid, does not properly indicate a Louisiana refund value, or contains a foreign23
material. For purposes of this Subsection:24
(1) A glass bottle is broken if it is not able to hold liquid or to be resealed,25
is not in its original shape, or is cracked.26
(2) A can or plastic bottle is dismembered if its body is not in one piece.27
(3) A can or plastic bottle which is crushed or flattened is not dismembered.28 HLS 12RS-1571 ORIGINAL
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(4) Small amounts of dust, dirt, or moisture do not constitute a significant1
amount of foreign material.2
B. A dealer which also operates an authorized redemption center at his place3
of business may but is not required to accept from a redeemer empty beverage4
containers for a refund in excess of twenty dollars on any given day.5
§2553.7. Authority of the secretary6
A. The secretary may promulgate rules and regulations governing:7
(1) The circumstances in which authorized redemption centers, individually8
or collectively, are required to accept the return of empty beverage containers and9
make payment therefor.10
(2) The monthly reporting requirements from dealers of the amount of11
deposits collected and paid to the department and from authorized redemption12
centers on the beverage containers redeemed. The department shall pay the13
authorized redemption center the amount of the deposits paid to redeemers and the14
applicable handling fees as provided in R.S. 30:2553.5.15
(3) The rules for redemption at an authorized redemption center operated at16
a dealer's place of business.17
(4) The right to restrict or limit the number of containers redeemed.18
(5) The redemption of containers from a beverage for which sales have19
discontinued.20
(6) The pickup of returned beverage containers, including the party to whom21
such expense is to be charged, the frequency of such pickups, and the payment for22
refunds and handling fees thereon.23
B. The secretary may promulgate rules and regulations governing the24
initiations of deposits, the sale of beverages in containers through vending machines25
and for on-premises consumption, recordkeeping, refunding for refillable beverage26
containers, embossing, imprinting, or labeling of refund values and for enforcement,27
all of which may be necessary and appropriate for the implementation of this Part.28 HLS 12RS-1571 ORIGINAL
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C. The secretary is authorized to issue permits to persons, firms, or1
corporations which establish redemption centers, subject to applicable provisions of2
local and state laws, at which redeemers may return empty beverage containers and3
receive payment of the refund value and applicable handling fees of such beverage4
containers. No dealer shall be required to obtain a permit to operate a redemption5
center at the same location as the dealer's place of business. Operators of such6
redemption centers shall receive from the department payment of the refund value7
and applicable handling fees of each beverage container as provided under R.S.8
30:2553.5.9
§2553.8. Unredeemed deposit10
Any amounts paid to the department pursuant to R.S. 30:2553.3 which are11
not required to be remitted to authorized redemption centers shall be deposited into12
the Environmental Trust Fund established in R.S. 30:2015 and shall be used for the13
administration of this Chapter.14
§2553.9. Violations; penalties15
Any person violating any provision of this Part shall be liable for a civil16
penalty of not more than five thousand dollars and an additional civil penalty of not17
more than five hundred dollars for each day during which such violation continues.18
Any civil penalty may be assessed following a hearing or opportunity to be heard.19
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. 1046
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", "use or consumption", and "within this state". HLS 12RS-1571 ORIGINAL
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(2)Provides for a minimum refund of 5¢ on every beverage container sold or offered for
sale which will be collected by a dealer and forwarded to the Dept. of Environmental
Quality.
(3)Requires every authorized redemption center to accept the container from and pay
to the redeemer the La. refund value.
(4)Requires handling fees to be not less than 2¢ per beverage containers paid by the
department to the redemption center.
(5)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.
(6)Allows 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.
(7)Allows, but does not require, a dealer who is also an authorized redemption center
to accept from a redeemer empty beverage containers for a refund in excess of $20
on any given day.
(8)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, reporting requirements of dealers and redemption centers, the
payment of handling fees, the rules for redemption at the dealer's place of business,
the right of dealers to restrict or limit the number of containers redeemed, the
redemption of containers from a beverage for which sales have discontinued, the
pickup of returned beverage containers and the initiations of deposits, sales through
vending machines and on-premises consumption, recordkeeping, refunding for
refillable containers, or labeling.
(9)Authorizes the secretary to issue permits to establish redemption centers. Allows
dealers to operate a redemption center at their same location without a permit.
(10)Requires deposits paid to DEQ which are not required to be remitted to authorized
redemption centers, which are unredeemed deposits, shall be deposited into the
Environmental Trust Fund and shall be used for the administration of proposed law.
(11)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)