H.B. 368

1

BOTTLING AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Ty McCartney
5 This act relates to Environmental Quality. This act requires a deposit on the purchase of
6 specified beverage containers, provides for a refund of the container deposit, provides
7 labeling requirements for deposit containers, and provides standards for containers.
8 This act authorizes redemption centers. This act takes effect on June 1, 2003.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 ENACTS:
11 19-9-101, Utah Code Annotated 1953
12 19-9-102, Utah Code Annotated 1953
13 19-9-103, Utah Code Annotated 1953
14 19-9-104, Utah Code Annotated 1953
15 19-9-105, Utah Code Annotated 1953
16 19-9-106, Utah Code Annotated 1953
17 19-9-107, Utah Code Annotated 1953
18 19-9-108, Utah Code Annotated 1953
19 19-9-109, Utah Code Annotated 1953
20 19-9-110, Utah Code Annotated 1953
21 19-9-111, Utah Code Annotated 1953
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 19-9-101 is enacted to read:
24 CHAPTER 9. CONTAINER DEPOSIT ACT
25 19-9-101. Definitions.
26 As used in this chapter:
27 (1) "Beverage" means:

28 (a) soda water or similar carbonated drinks commonly known as soft drinks;
29 (b) mineral water, including naturally sparkling water; and
30 (c) beer, ale, and other malt beverages.
31 (2) "Container" means each sealable bottle, can, jar, or carton:
32 (a) composed primarily of glass, metal, plastic, or any combination of these materials;
33 (b) produced for the purpose of containing a beverage; and
34 (c) that has a capacity of one gallon or less.
35 (3) (a) "Dealer" means any person, including the operator of a vending machine, who
36 engages in the sale of beverages in containers to consumers in the state.
37 (b) "Dealer" does not include persons selling beverages to be consumed on the
38 premises under Section 19-9-104 .
39 (4) "Distributor" means any person, including manufacturers, who engages in the sale
40 of beverages in containers to dealers in the state.
41 (5) "Manufacturer" means any person who bottles, cans, or otherwise fills beverage
42 containers for sale to distributors or dealers.
43 (6) "Refillable" means a container designed and constructed so it is structurally capable
44 of being refilled and resold by a manufacturer at least ten times after its initial use.
45 Section 2. Section 19-9-102 is enacted to read:
46 19-9-102. Container deposit.
47 Every beverage container sold or offered for sale in this state, except those offered for
48 sale on interstate passenger carriers, is subject to a deposit:
49 (1) of at least 5 cents for beverage containers that hold a maximum of 24 ounces at the
50 time of sale; and
51 (2) of at least 10 cents for containers that hold more than 24 ounces at the time of sale.
52 Section 3. Section 19-9-103 is enacted to read:
53 19-9-103. Container labeling.
54 (1) (a) Every beverage container, except permanently labeled glass containers under
55 Subsections (2) and (3), shall clearly indicate in type, not less than 1/4 inch in size, the legend:
56 (i) "UT 5¢" or "UT 10¢" according to container size; or
57 (ii) "UT" followed by any other amount specified by the manufacturer or distributor.
58 (b) The legend shall be placed on the container by embossing, stamp, label, or other

59 method that securely affixes the legend to the container. The legend may not be placed on the
60 bottom of the container.
61 (2) Refillable glass beverage containers on which the brand name is embossed in
62 clearly legible type, other than on the bottom of the container, are not subject to the
63 requirements of Subsection (1) but are subject to the deposit and refund requirements of this
64 section.
65 (3) Beginning on January 1, 2004, all newly manufactured refillable glass beverage
66 containers produced in this state or imported into this state for sale in this state shall have the
67 legend required under Subsection (1) embossed on the container.
68 Section 4. Section 19-9-104 is enacted to read:
69 19-9-104. Deposit collection -- Dealers -- Exception.
70 (1) A dealer who sells beverages in containers in this state shall charge the consumer
71 the deposit required under this section, except under Subsection (2).
72 (2) A dealer who operates a business for the sale of prepared food or alcoholic
73 beverages, or both, for immediate consumption in the area under the dealer's control is not
74 required to charge a deposit under this section.
75 Section 5. Section 19-9-105 is enacted to read:
76 19-9-105. Deposit collection -- Manufacturers.
77 A manufacturer or distributor who sells beverages in containers to dealers shall charge
78 the dealer the deposit required under this section.
79 Section 6. Section 19-9-106 is enacted to read:
80 19-9-106. Redemption of containers -- Conditions.
81 (1) Except under Subsections (2) and (3), a dealer during his business hours shall
82 accept from any person any empty beverage container of the type, size, and brand sold by the
83 dealer within the past 60 days for redemption if the container is labeled according to this
84 section, the label is readable, and the container meets the following conditions:
85 (a) if the container is refillable glass, the container is able to hold liquid, is resealable,
86 holds its original shape, and is not chipped or cracked;
87 (b) if the container is nonrefillable glass, the container may be chipped, but may not
88 have the bottom broken out or the neck broken off;
89 (c) if the container is a metal can or plastic bottle, the container must be identifiable

90 and reasonably intact; and
91 (d) the container does not contain any free flowing liquid or any other material except
92 the minimal residue left after the container has been emptied of the beverage that was sold in it.
93 (2) If the dealer is the operator of a vending machine, the dealer is not obligated to
94 accept containers for redemption if the vending machine is clearly and conspicuously posted
95 with a notice that a refund of 5 cents or 10 cents, as applicable, is available on each container
96 purchased, and locations where the refund may be obtained.
97 (3) A dealer may refuse to refund container deposits totaling more than $25 to any
98 person in a 24-hour period.
99 Section 7. Section 19-9-107 is enacted to read:
100 19-9-107. Discontinuance of sale of container.
101 (1) If a dealer discontinues sale of a container, the dealer shall refund deposits for the
102 container for not less than 60 days after the dealer has discontinued sale of the container.
103 (2) The dealer shall conspicuously post at the place where the container to be
104 discontinued is sold a clearly legible notice stating the last date the container will be sold and
105 also the last date when refunds on the container deposits will be made.
106 (3) The notice shall be posted no later than the last date of sale of the container.
107 Section 8. Section 19-9-108 is enacted to read:
108 19-9-108. Refunds by distributors.
109 (1) Distributors shall refund container deposits to the dealers for containers that meet
110 the conditions under Subsection 19-9-106 (1).
111 (2) The distributor shall remove the containers from the premises of a dealer serviced
112 by the distributor if the dealer is located within the territory of the distributor.
113 (3) The distributor shall pay the refund value to the dealer in accordance with the
114 schedule for payment by the dealer to the distributor or manufacturer for full beverage
115 containers.
116 Section 9. Section 19-9-109 is enacted to read:
117 19-9-109. Handling fee.
118 The distributor or manufacturer shall pay the dealer for each beverage container a
119 handling fee of not less than 2 cents.
120 Section 10. Section 19-9-110 is enacted to read:

121 19-9-110. Redemption centers.
122 (1) Redemption centers for containers described in this part may be established by
123 dealers, distributors, manufacturers, or independent third parties.
124 (2) A distributor or manufacturer may not refuse to accept or redeem from the operator
125 of a redemption center any beverage container that:
126 (a) meets the conditions under Section 19-9-106 ; and
127 (b) is of the type sold by any dealer serviced by that distributor or of the type produced
128 by that manufacturer.
129 (3) The distributor or manufacturer shall pay the operator of the redemption center for
130 each beverage container he returns under this section:
131 (a) the redemption value for the container under this chapter; and
132 (b) a handling fee of not less than 2 cents for each beverage container.
133 Section 11. Section 19-9-111 is enacted to read:
134 19-9-111. Penalties.
135 (1) A violation of this section is subject to a civil penalty of not more than:
136 (a) $100 for the first violation;
137 (b) $200 for a second violation within six months of the first violation; and
138 (c) $300 for any subsequent violation within six months of the second violation.
139 (2) Each violation involving a container is a separate violation.
140 Section 12. Effective date.
141 This act takes effect on June 1, 2003.




Legislative Review Note
as of 2-17-03 2:25 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel