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Rhode Island House Bill H6054

Rhode Island 2023 Regular Session

Rhode Island House Bill H6054 Compare Versions

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55 2023 -- H 6054
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99 S TATE OF RHODE IS LAND
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2023
1212 ____________
1313
1414 A N A C T
1515 RELATING TO HEALTH AND SAFETY -- MINIATURE ALCOHOLIC BEVERAGE
1616 CONTAINER ACT OF 2023
1717 Introduced By: Representatives Bennett, Spears, Knight, Ackerman, Carson, McGaw,
1818 Cortvriend, Vella-Wilkinson, Morales, and Tanzi
1919 Date Introduced: March 03, 2023
2020 Referred To: House Environment and Natural Resources
2121
2222
2323 It is enacted by the General Assembly as follows:
2424 SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby 1
2525 amended by adding thereto the following chapter: 2
2626 CHAPTER 18.18 3
2727 MINIATURE ALCOHOLIC BEVERAGE CONTAINER DEPOSIT RECYCLING ACT OF 4
2828 2023 5
2929 23-18.18-1. Definitions. 6
3030 As used in this chapter: 7
3131 (1) ''Beverage'' means an alcoholic beverage as described in chapter 1 of title 3, including, 8
3232 but not limited to, beer and other malt beverages, wine, or liquor. 9
3333 (2) ''Beverage container'' means any sealable bottle, can, jar, or carton which is primarily 10
3434 composed of glass, metal, plastic or any combination of those materials and is produced for the 11
3535 purpose of containing a beverage. This definition shall not include containers made of 12
3636 biodegradable material. 13
3737 (3) ''Bottler'' means any person filling miniature alcoholic beverage containers for sale to 14
3838 distributors or dealers, including dealers who bottle or sell their own brand of beverage. 15
3939 (4) ''Consumer'' means any person who purchases an alcoholic beverage in a miniature 16
4040 alcoholic beverage container for use or consumption with no intent to resell such beverage. 17
4141 (5) ''Dealer'' means any person, who engages in the sale of alcoholic beverages in miniature 18
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4545 alcoholic beverage containers to consumers in this state. 1
4646 (6) ''Distributor'' means any person who engages in the sale of alcoholic beverages in 2
4747 miniature alcoholic beverage containers to dealers in this state including any bottler who engages 3
4848 in such sales. 4
4949 (7) ''Label'' means a molded imprint or raised symbol on or near the bottom of a plastic 5
5050 product. 6
5151 (8) "Miniature alcoholic beverage container" means any sealable bottle, can, jar, or carton, 7
5252 that has dimensions of a minimum of two inches (2") in diameter across a minimum of two inches 8
5353 (2") in height, is composed of either polyethylene terephthalate (PET), high density polyethene 9
5454 (HDPE), polypropylene (PP), aluminum, or glass, and is not comprised of dark solid colors if 10
5555 plastic, that has a capacity of not more than one hundred milliliters (100 ml), and is produced for 11
5656 the purpose of containing an alcoholic beverage as described in chapter 1 of title 3, which containers 12
5757 are sometimes colloquially referred to as "nips." 13
5858 (9) ''Plastic'' means any material made of polymeric organic compounds and additives that 14
5959 can be shaped by flow. 15
6060 23-18.18-2. Refund value; Exemption. 16
6161 Every miniature alcoholic beverage container sold or offered for sale in the state shall have 17
6262 a refund value of not less than twenty-five cents ($0.25). The provisions of this section shall not 18
6363 apply to such containers sold by a distributor for use by a common carrier in the conduct of 19
6464 interstate passenger service. 20
6565 23-18.18-3. Refund of miniature alcoholic beverage container; Refusal to accept 21
6666 miniature alcoholic beverage container. 22
6767 (a) Every consumer shall deposit with the dealer the refund value of each miniature 23
6868 alcoholic beverage container purchased from that dealer. 24
6969 (b) Except as provided in subsection (f) of this section, a dealer shall accept from any 25
7070 person during business hours any empty miniature alcoholic beverage container of the type, size 26
7171 and brand sold by the dealer within the past sixty (60) days and shall pay that person the refund 27
7272 value of each miniature alcoholic beverage container returned. 28
7373 (c) Except as provided in subsection (f) of this section, a distributor shall accept from any 29
7474 dealer any empty miniature alcoholic beverage container of the type, size and brand sold by the 30
7575 distributor within the past sixty (60) days and shall pay the dealer the refund value of the miniature 31
7676 alcoholic beverage container plus a handling fee of at least four cents ($0.04) per container if the 32
7777 empty miniature alcoholic beverage container is presented at the time of and at the location at which 33
7878 the dealer obtains filled miniature alcoholic beverage containers from the distributor. 34
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8282 (d) Except as provided in subsection (f) of this section, a bottler shall accept from a 1
8383 distributor or a dealer any empty reusable miniature alcoholic beverage container of the type, size, 2
8484 and brand sold by the bottler within the past sixty (60) days and shall pay the distributor or dealer 3
8585 the refund value of the beverage container plus a handling fee of at least four cents ($0.04) per 4
8686 container. 5
8787 (e) Any person may establish a redemption center and shall have the right to determine 6
8888 what type, size and brand of miniature alcoholic beverage container shall be accepted. Except as 7
8989 provided in subsection (f) of this section, a distributor shall take from any redemption center any 8
9090 empty miniature alcoholic beverage container of the type, size and brand sold by the distributor 9
9191 within the past sixty (60) days and shall pay the redemption center the refund value of the container 10
9292 plus a handling fee of at least four cents ($0.04) per container. 11
9393 (f) A dealer, distributor, redemption center or bottler may refuse to accept any miniature 12
9494 alcoholic beverage container which contains material foreign to the normal contents of the 13
9595 container. 14
9696 (g) Any bottler or distributor who receives deposits and/or handling charges under this 15
9797 chapter shall segregate said deposits or handling charges in a fund which shall be maintained 16
9898 separately from all other revenues. Said bottler or distributor shall report on a monthly basis to the 17
9999 Rhode Island resource recovery corporation and the division of revenue, the amount of said deposits 18
100100 or handling charges received and the amount refunded. 19
101101 (h) Any bottler or distributor who is subject to the provisions of subsection (c), (d) or (e) 20
102102 of this section shall maintain a separate account to be known as the deposit transaction fund. Said 21
103103 fund shall be kept separate from all other revenues and accounts. Each bottler or distributor shall 22
104104 place in said fund the refund value for all miniature alcoholic beverage containers it sells subject 23
105105 to the provisions of this chapter. 24
106106 Except as specified in subsection (d) of this section, amounts in such fund may only be 25
107107 expended to pay refund values paid after January 1, 2024, for returned miniature alcoholic beverage 26
108108 containers pursuant to subsection (c), (d) or (e) of this section. Amounts in such fund shall not be 27
109109 used to pay any handling fees required by subsection (c), (d) or (e) of this section. Each such fund 28
110110 shall be maintained by said bottlers and distributors on behalf of consumers who have purchased 29
111111 refundable miniature alcoholic beverage containers and on behalf of the state; except as specified 30
112112 in § 23-18.18-6, for no purpose are amounts in such fund to be regarded as income of said bottlers 31
113113 or distributors. 32
114114 (i) The obligations to accept or take empty miniature alcoholic beverage containers and to 33
115115 pay the refund value and handling fees for such containers as described in subsections (b), (c), (d) 34
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119119 and (e) of this section shall apply only to containers originally sold in this state as filled miniature 1
120120 alcoholic beverage containers. Any person who tenders to a dealer, distributor, redemption center 2
121121 or bottler more than ten (10) cases of twenty-four (24) empty miniature alcoholic beverage 3
122122 containers each, which a person knows or has reason to know were not originally sold in this state 4
123123 as filled miniature alcoholic beverage containers, for the purpose of obtaining a refund value or 5
124124 handling fee, shall be subject to the enforcement action and civil penalties set forth in § 23-18.18-6
125125 10. For the purpose of this section and § 23-18.18-10, the term "person" shall include any 7
126126 individual, partnership, corporation, or other combination or entity. 8
127127 23-18.18-4. Reports by bottlers and distributors of transactions affecting deposit 9
128128 transaction fund. 10
129129 Every bottler or distributor shall report to the director of the division of revenue by the 11
130130 tenth day of each month, concerning transactions affecting its deposit transaction fund in the 12
131131 preceding month. Such report shall be made in a form prescribed by said director and shall include 13
132132 the number of miniature alcoholic beverage containers sold and the number of miniature alcoholic 14
133133 beverage containers returned in said month, the amount of deposits received in and payments made 15
134134 from said fund in said month and the most recent three (3) month period, any income earned on 16
135135 amounts in the deposit transaction fund during said preceding month, the balance in said deposit 17
136136 transaction fund at the close of said preceding month, and such other information as the director of 18
137137 revenue may require in furtherance of the director's duties pursuant to this chapter. 19
138138 23-18.18-5. Abandoned deposit amounts; Determination and transfer. 20
139139 (a) At the end of each month, any amounts that are or should be in a bottler's or distributor's 21
140140 deposit transaction fund and that are in excess of the sum of: 22
141141 (1) Interest income earned on amounts in said account during that month; and 23
142142 (2) The total amount of refund values received by said bottler or distributor for miniature 24
143143 alcoholic beverage containers during that month and the two (2) preceding months, shall be deemed 25
144144 to constitute abandoned deposit amounts. Income earned on said fund may be transferred from said 26
145145 fund for use as funds of the bottler or distributor. 27
146146 (b) By the tenth day of each month, each bottler or distributor shall turn over to the director 28
147147 of the division of revenue any deposit amounts deemed to be abandoned at the close of the 29
148148 preceding month, pursuant to subsection (a) of this section. Such amounts may be paid from the 30
149149 deposit transaction fund. Amounts collected by the director of the division of revenue pursuant to 31
150150 this subsection shall be deposited in the water pollution control revolving fund established by § 46-32
151151 12.2-6. 33
152152 23-18.18-6. Reimbursements to bottlers or distributors. 34
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156156 If in any month the authorized payments from the deposit transaction fund by a bottler or 1
157157 distributor pursuant to § 23-18.18-2 exceed the funds that are or should be in its deposit transaction 2
158158 fund, the state shall reimburse said bottler or distributor, from amounts received pursuant to § 23-3
159159 18.18-5, for those refunds paid by the bottler or distributor for miniature alcoholic beverage 4
160160 containers for which the funds that are or should be in its deposit transaction fund are insufficient; 5
161161 provided, however, that such reimbursements to a bottler or distributor for a month shall not exceed 6
162162 the excess of: 7
163163 (1) Amounts paid by said bottler or distributor to the state pursuant to § 23-18.18-5 in the 8
164164 preceding twenty-four (24) months over; 9
165165 (2) Amounts paid by this state to said bottler or distributor pursuant to this section during 10
166166 said twenty-four (24) months. 11
167167 23-18.18-7. Holding or connecting devices; Breakdown by bacteria or light. 12
168168 No dealer shall sell or offer for sale in the state containers connected to each other by a 13
169169 separate holding device constructed of plastic rings or any other device or material which cannot 14
170170 be broken down by bacteria and or by light into constituent parts as provided in chapter 38 of this 15
171171 title. 16
172172 23-18.18-8. Refund value; Statement on container. 17
173173 Every miniature alcoholic beverage container, or offered for sale in the state by a bottler, 18
174174 distributor, or dealer shall clearly indicate, by embossing or by stamp, or by label, or other method 19
175175 securely affixed to any portion except the bottom of the miniature alcoholic beverage container, 20
176176 the refund value of the container. A permanently labelled reusable glass miniature alcoholic 21
177177 beverage container first imported into, or offered for sale in this state after the effective date of this 22
178178 chapter by a bottler, distributor, or dealer shall clearly indicate, by embossing or by stamp, or by 23
179179 label, or other method securely affixed to any portion except the bottom of the permanently labelled 24
180180 reusable glass miniature alcoholic beverage container, that the container may be returned for 25
181181 deposit. A dealer, distributor, redemption center, or bottler, may refuse to accept from any person 26
182182 any empty miniature alcoholic beverage container which does not state thereon a refund value. 27
183183 23-18.18-9. Administration of provisions relating to bottlers and distributors; rules 28
184184 and regulations. 29
185185 (a) The director of the department of environmental management shall administer the 30
186186 provisions of §§ 23-18.18-1, 23-18.18-2, 23-18.18-3(a) through (f), inclusive, 23-18.18-7, and 23-31
187187 18.18-8. Said director shall promulgate rules and regulations to effectuate the purposes of said 32
188188 sections. 33
189189 (b) The director of the division of revenue shall administer the provisions of §§ 23-18.18-34
190190
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193193 3 (g) through (i), 23-18.18-4, 23-18.18-5 and 23-18.18-6. 1
194194 The director of the division of revenue shall promulgate and from time to time revise rules 2
195195 and regulations to effectuate the purposes of said sections. Said rules and regulations shall include 3
196196 a provision to permit bottlers or distributors to borrow, without any interest charge, against their 4
197197 deposit transaction funds subject to such terms and conditions as the director deems appropriate. 5
198198 23-18.18-10. Enforcement. 6
199199 (a) The attorney general shall enforce the provisions of this chapter. Any bottler, 7
200200 distributor, redemption center or dealer who violates any provisions of this chapter or any person 8
201201 who violates § 23-18.1-3 shall be subject to a civil penalty for each violation of not more than one 9
202202 thousand dollars ($1,000), except as provided otherwise in § 23-18.18-11. 10
203203 (b) Any bottler or distributor failing to make full and timely payments as required by § 23-11
204204 18.18-5 shall pay interest on any unpaid amounts at the rate of one and one-half percent (1.5%) for 12
205205 each month or part thereof until payment is made in full; provided, however, that any person, 13
206206 including a bottler, distributor, redemption center or dealer, who violates the provisions of § 23-14
207207 18.18-3(i) shall be subject to a civil penalty of not less than one hundred dollars ($100) for each 15
208208 container or twenty-five thousand dollars ($25,000) for each tender of containers. 16
209209 23-18.18-11. Certain miniature alcoholic beverage containers prohibited. 17
210210 (a) Effective January 1, 2024, no miniature alcoholic beverage container shall be sold in 18
211211 this state that does not meet the minimum size requirements defined in § 23-18.18-1 19
212212 (b) A bottler or distributor who engages in the sale of a miniature alcoholic beverage 20
213213 container in violation of the provisions of this section shall be subject to a civil penalty as follows: 21
214214 Number of offense: Fine/Penalty: 22
215215 First offense: Warning 23
216216 Second offense: $250 24
217217 Third offense: $500 25
218218 Fourth offense: $1,000 26
219219 Fifth offense: $1,000 and loss of license. 27
220220 SECTION 2. This act shall take effect on January 1, 2024. 28
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227227 EXPLANATION
228228 BY THE LEGISLATIVE COUNCIL
229229 OF
230230 A N A C T
231231 RELATING TO HEALTH AND SAFETY -- MINIATURE ALCOHOLIC BEVERAGE
232232 CONTAINER ACT OF 2023
233233 ***
234234 This act would create a refundable twenty-five cent ($0.25) deposit for miniature alcoholic 1
235235 beverage containers, often referred to as "nips." 2
236236 This act would take effect on January 1, 2024. 3
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