Georgia 2011 bill text

House Bill 51

The following text was found at http://www.legis.ga.gov/Legislation/en-US/displaydoc.aspx?doc=/Legislation/20112012/108222.pdf

House Bill
51
By: Representative Jones of the
44th
 
A BILL TO BE ENTITLED AN ACT
1 To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and
2 trade, so as to provide for a deposit on beverage containers in order to encourage collection
3 and recycling of such containers; to provide for legislative findings; to provide for
4 definitions; to provide for payment of deposits and refunds; to provide for mandatory
5 acceptance by dealers; to provide labeling requirements for beverage containers; to provide
6 for the deposit and disposition of refunds; to provide for registration and reports; to provide
7 for redemption centers; to provide for issuance of rules and regulations by the revenue
8 commissioner; to provide for public education; to provide for related matters; to provide for
9 an effective date; to repeal conflicting laws; and for other purposes.
10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
11 SECTION
1.12 Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is
13 amended by adding a new chapter, to read as follows:
14 "CHAPTER 16
15
10-16-1.
16 The General Assembly finds that litter composed of discarded beverage containers is a
17 growing problem of state concern and a direct threat to the health and safety of the citizens
18 of this state. Discarded beverage containers create a hazard to vehicular traffic, a source
19 of physical injury to pedestrians and farm animals, a hazard to farm and other machinery,
20 and an unsightly accumulation of litter which must be disposed of at increasing public
21 expense. Beverage containers also create an unnecessary addition to the state's and
22 municipalities' already overburdened solid waste and refuse disposal systems.
23 Unsegregated disposal of such containers creates an impediment to the efficient operation
24 of resource recovery plants.  Further, the General Assembly finds that the uninhibited
25 discarding of beverage containers constitutes a waste of both mineral and energy resources.
26 The General Assembly hereby finds that requiring a deposit on all beverage containers,
27 along with certain other facilitating measures, will provide a necessary incentive for the
28 economically efficient and environmentally benign collection and recycling of such
29 containers.
30
10-16-2.
31 As used in this chapter, the term:
32
(1) 'Beverage' means carbonated soft drinks, water, beer, other malt beverages, and wine.
33
(2) 'Beverage container' means the individual, separate, sealed glass, metal, aluminum,
34 steel, or plastic bottle, can, or jar used for containing less than one gallon or 3.78 liters
35 at the time of sale or offer for sale of a beverage intended for use or consumption in this
36 state. Beverage containers sold or offered for sale or distributed aboard aircraft or ships
37 shall be considered as intended for use or consumption outside this state.
38
(3) 'Bottler' means a person, firm, or corporation who:
39 (A) Bottles, cans, or otherwise packages beverages in beverage containers except that
40 if such packaging is for a distributor having the right to bottle, can, or otherwise
41 package the same brand of beverage, then such distributor shall be the bottler; or
42 (B) Imports filled beverage containers into the United States.
43
(4) 'Commissioner' means the revenue commissioner.
44
(5) 'Dealer' means every person, firm, or corporation who engages in the sale of
45 beverages in beverage containers to a consumer for off-premises consumption in this
46 state.
47 (6) 'Department' means the Department of Revenue.
48 (7) 'Deposit initiator' for each beverage container for which a refund value is established
49 under Code Section 10-16-3 means:
50 (A) The bottler of the beverage in such container;
51 (B) The distributor of such container if such distributor's purchase of such container
52 was not, directly or indirectly, from a registered deposit initiator;
53 (C) A dealer of such container who sells or offers for sale such container in this state,
54 whose purchase of such container was not, directly or indirectly, from a registered
55 deposit initiator; or
56 (D) An agent acting on behalf of a registered deposit initiator.
57 (8) 'Distributor' means any person, firm, or corporation which engages in the sale or offer
58 for sale of beverages in beverage containers to a dealer.
59 (9) 'Malt beverages' means any beverage obtained by the alcoholic fermentation or
60 infusion or decoction of barley, malt, hops, or other wholesome grain or cereal and water,
61 including, but not limited to, ale, stout, or malt liquor.
62
(10) 'Place of business' means the location at which a dealer sells or offers for sale
63 beverages in beverage containers to consumers.
64
(11) 'Redeemer' means every person who demands the refund value provided for in this
65 chapter in exchange for the empty beverage container, but shall not include a dealer.
66
(12) 'Redemption center' means any person offering to pay the refund value of an empty
67 beverage container to a redeemer, or any person who contracts with one or more dealers
68 or distributors to collect, sort, and obtain the refund value and handling fee of empty
69 beverage containers for, or on behalf of, such dealer or distributor under the provisions
70 of Code Section 10-16-8.
71
(13) 'Reverse vending machine' means an automated device that uses a laser scanner,
72 microprocessor, or other technology to accurately recognize the universal product code
73 on containers to determine if the container is redeemable and accumulates information
74 regarding containers redeemed, including the number of such containers redeemed,
75 thereby enabling the reverse vending machine to accept containers from redeemers and
76 to issue a scrip or receipt for their refund value.
77
(14) 'Ship' or 'ships' means any ocean-going vessel used to carry passengers or freight
78 in interstate or foreign commerce.
79
(15) 'Universal product code' or 'UPC code' means a standard for encoding a set of lines
80 and spaces that can be scanned and interpreted into numbers to identify a product.
81 Universal product code may also mean any accepted industry barcode which replaces the
82 UPC code, including EAN and other codes that may be used to identify a product.
83
(16) 'Use or consumption' means the exercise of any right or power incident to the
84 ownership of a beverage, other than the sale or the keeping or retention of a beverage for
85 the purpose of sale.
86
(17) 'Water' means any beverage identified through the use of letters, words, or symbols
87 on its product label as a type of water, including any flavored water or nutritionally
88 enhanced water; provided, however, that 'water' does not include any beverage identified
89 as a type of water to which a sugar has been added.
90
10-16-3.
91 No person shall sell or offer for sale a beverage container in this state unless the deposit on
92 such beverage container is or has been collected by a registered deposit initiator and unless
93 such container has a refund value of not less than five cents which is clearly indicated
94 thereon as provided in Code Section 10-16-6.
95
10-16-4.
96 (a) Except as provided in Code Section 10-16-5:
97
(1) A dealer shall accept at his or her place of business from a redeemer any empty
98 beverage containers of the design, shape, size, color, composition, and brand sold or
99 offered for sale by the dealer and shall pay to the redeemer the refund value of each such
100 beverage container as established in Code Section 10-16-3. Redemptions of refund value
101 shall be in legal tender, or a scrip or receipt from a reverse vending machine, provided
102 that the scrip or receipt can be exchanged for legal tender for a period of not less than
60
103 days without requiring the purchase of other goods. The use or presence of a reverse
104 vending machine shall not relieve a dealer of any obligations imposed pursuant to this
105 chapter. If a dealer utilizes a reverse vending machine to redeem containers, the dealer
106 shall provide redemption of beverage containers when the reverse vending machine is
107 full, broken, under repair, or does not accept a type of beverage container sold or offered
108 for sale by such dealer and shall not limit the hours or days of redemption except as
109 provided by subsection (c) of this Code section;
110
(2) Beginning January 1, 2012, a dealer whose place of business is part of a chain
111 engaged in the same general field of business which operates ten or more units in this
112 state under common ownership and whose business exceeds:
113 (A) Forty thousand square feet but is less than
60,000 square feet shall install and
114 maintain at least three reverse vending machines at the dealer's place of business;
115 (B) Sixty thousand square feet but is less than
85,000 square feet shall install and
116 maintain at least four reverse vending machines at the dealer's place of business; or
117 (C) Eighty-five thousand square feet shall install and maintain at least eight reverse
118 vending machines at the dealer's place of business;
119 provided, however, that the requirements of this paragraph to install and maintain reverse
120 vending machines shall not apply to a dealer that sells only refrigerated beverage
121 containers of
20 ounces or less where each beverage container is sold as an individual
122 container that is not connected to or packaged with any other beverage container;
123
(3) A dealer to which paragraph
(2) of this subsection does not apply and whose place
124 of business is at least
40,000 square feet which does not utilize reverse vending machines
125 to process empty beverage containers for redemption shall:
126 (A) Establish and maintain a dedicated area within such business to accept beverage
127 containers for redemption;
128 (B) Adequately staff such area to facilitate efficient acceptance and processing of such
129 containers during business hours; and
130 (C) Post one or more conspicuous signs conforming to the size and color requirements
131 described in subsection (b) of this Code section at each public entrance to the business
132 which describes where in the business the redemption area is located.
133 The commissioner may establish in rules and regulations additional standards for the
134 efficient processing of beverage containers by such dealers; and
135
(4) For the purposes of this subsection, on any day that a dealer is open for less than
24
136 hours, the dealer may restrict or refuse the payment of refund values during the first and
137 last hour the dealer is open for business.
138 (b) A dealer shall post a conspicuous sign, at the point of sale, that states:
139 'GEORGIA  BOTTLE REFUND BILL OF RIGHTS
140 STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE
141 CONTAINERS OF THE SAME TYPE AND BRAND THAT WE SELL OR OFFER
142 FOR SALE
143 YOU HAVE CERTAIN RIGHTS UNDER THE GEORGIA BOTTLE REFUND ACT:
144 THE RIGHT to return your empties for refund to any dealer who sells the same brand,
145 type, and size, whether you bought the beverage from the dealer or not.  It is illegal to
146 return containers for refund that you did not pay a deposit on in Georgia.
147 THE RIGHT to get your deposit refund in cash, without proof of purchase.
148 THE RIGHT to return your empties any day, any hour, except for the first and last hour of
149 the dealer's business day (empty containers may be redeemed at any time in
24 hour
150 stores).
151 THE RIGHT to return your containers if they are empty and intact. Washing containers is
152 not required by law, but is strongly recommended to maintain sanitary conditions.
153 These provisions can be enforced by the Georgia Department of Revenue.'
154 Such sign shall be no less than eight inches by ten inches in size and have lettering a
155 minimum of one-quarter inch high, and of a color which contrasts with the background.
156 The department shall maintain a toll-free telephone number for a 'bottle complaint line' that
157 shall be available from 9:00 A.M. to 5:00 P.M. each business day to receive reports of
158 violations of this chapter. The telephone number shall be listed on any sign required by
159 this Code section.
160 (c) On or after June 1, 2012, a dealer may limit the number of empty beverage containers
161 to be accepted for redemption at the dealer's place of business to no less than
72 containers
162 per visit, per redeemer, per day, provided that:
163
(1) The dealer has a written agreement with a redemption center, be it either at a fixed
164 physical location within the same county and within one-half mile of the dealer's place
165 of business, or a mobile redemption center, operated by a redemption center, that is
166 located within one-quarter mile of the dealer's place of business.  The redemption center
167 shall have a written agreement with the dealer to accept containers on behalf of the
168 dealer; and the redemption center's hours of operation shall cover at least
9:00 A.M.
169 through
7:00 P.M. daily or in the case of a mobile redemption center, the hours of
170 operation shall cover at least four consecutive hours between 8:00 A.M. and 8:00 P.M.
171 daily. The dealer shall post a conspicuous, permanent sign, meeting the size and color
172 specifications set forth in subsection (b) of this Code section, open to public view,
173 identifying the location and hours of operation of the affiliated redemption center or
174 mobile redemption center;
175
(2) The dealer provides, at a minimum, a consecutive two-hour period between 7:00
176 A.M. and 7:00 P.M. daily whereby the dealer will accept up to
240 containers, per
177 redeemer, per day, and posts a conspicuous, permanent sign, meeting the size and color
178 specifications set forth in subsection (b) of this Code section, open to public view,
179 identifying those hours. The dealer shall not change the hours of redemption without first
180 posting a
30 day notice; and
181
(3) The dealer's primary business is the sale of food or beverages for consumption off
182 premises, and the dealer's place of business is less than
10,000 square feet in size.
183 (d) A deposit initiator shall accept from a dealer or operator of a redemption center any
184 empty beverage container of the design, shape, size, color, composition, and brand sold or
185 offered for sale by the deposit initiator and shall pay the dealer or operator of a redemption
186 center the refund value of each such beverage container as established by Code Section
187
10-16-3. A deposit initiator shall accept and redeem all such empty beverage containers
188 from a dealer or redemption center without limitation on quantity.
189 (e) A deposit initiator's or distributor's failure to pick up empty beverage containers,
190 including containers processed in a reverse vending machine, from a redemption center,
191 dealer, or the operator of a reverse vending machine shall be a violation of this chapter.
192 (f) In addition to the refund value of a beverage container as established by Code Section
193
10-16-3, a deposit initiator shall pay to any dealer or operator of a redemption center a
194 handling fee of three and one-half cents for each beverage container accepted by the
195 deposit initiator from such dealer or operator of a redemption center.  Payment of the
196 handling fee shall be as compensation for collecting, sorting, and packaging of empty
197 beverage containers for transport back to the deposit initiator or its designee.  Payment of
198 the handling fee shall not be conditioned on the purchase of any goods or services, nor shall
199 such payment be made out of the refund value account established pursuant to Code
200 Section 10-16-7. A distributor who does not initiate deposits on a type of beverage
201 container shall be considered a dealer only for the purpose of receiving a handling fee from
202 a deposit initiator.
203 (g) A deposit initiator on a brand shall accept from a distributor who does not initiate
204 deposits on that brand any empty beverage containers of that brand accepted by the
205 distributor from a dealer or operator of a redemption center and shall reimburse the
206 distributor the refund value of each such beverage container, as established by Code
207 Section 10-16-3. In addition, the deposit initiator shall reimburse such distributor for each
208 such beverage container the handling fee established under subsection (f) of this Code
209 section. Without limiting the rights of the department or any person, firm, or corporation
210 under this subsection or any other provision of this Code section, a distributor shall have
211 a civil right of action to enforce this subsection, including, upon three days notice, the right
212 to apply for temporary and preliminary injunctive relief against continuing violations and
213 until arrangements for collection and return of empty containers or reimbursement of such
214 distributor for such deposits and handling fees are made.
215 (h) It shall be the responsibility of the deposit initiator or distributor to provide to a dealer
216 or redemption center a sufficient number of bags, cartons, or other suitable containers, at
217 no cost, for the packaging, handling, and pickup of empty beverage containers that are not
218 redeemed through a reverse vending machine. The bags, cartons, or containers shall be
219 provided by the deposit initiator or distributor on a schedule that allows the dealer or
220 redemption center sufficient time to sort the empty beverage containers prior to pickup by
221 the deposit initiator or distributor. In addition:
222
(1) When picking up empty beverage containers, a deposit initiator or distributor shall
223 not require a dealer or redemption center to load their own bags, cartons, or containers
224 onto or into the deposit initiator's or distributor's vehicle or vehicles or provide the staff
225 or equipment needed to do so;
226
(2) A deposit initiator or distributor shall not require empty containers to be counted at
227 a location other than the redemption center or dealer's place of business.  The dealer or
228 redemption center shall have the right to be present at the count; and
229
(3) A deposit initiator or distributor shall pick up empty beverage containers from the
230 dealer or redemption center at reasonable times and intervals as determined in rules or
231 regulations promulgated by the department.
232 (i) No person shall return or assist another to return to a dealer or redemption center an
233 empty beverage container for its refund value if such container had previously been
234 accepted for redemption by a dealer, redemption center, or deposit initiator who initiates
235 deposits on beverage containers of the same brand.
236 (j) A redeemer, dealer, distributor, or redemption center shall not knowingly redeem an
237 empty beverage container on which a deposit was never paid in Georgia.
238 (k) Notwithstanding the provisions of subsection (b) of Code Section 10-16-5, a deposit
239 initiator or distributor shall accept and redeem beverage containers if the dealer or operator
240 of a redemption center shall have accepted and paid the refund value of such beverage
241 containers.
242
10-16-5.
243 (a) A dealer or operator of a redemption center may refuse to accept from a redeemer, and
244 a deposit initiator or distributor may refuse to accept from a dealer or operator of a
245 redemption center, any empty beverage container which does not state thereon a refund
246 value as established by Code Section 10-16-3 and provided by Code Section 10-16-6.
247 (b)  A dealer or operator of a redemption center may also refuse to accept any broken
248 bottle, corroded or dismembered can, or any beverage container which contains a
249 significant amount of foreign material, as determined in rules and regulations to be
250 promulgated by the commissioner.
251
10-16-6.
252 (a) Every beverage container sold or offered for sale in this state by a distributor or dealer
253 shall clearly indicate by permanently marking or embossing the container or by printing
254 as part of the product label the refund value of the container and the words 'Georgia' or the
255 letters 'GA'; provided, however, that in the case of private label beverages, such
256 information may be embossed or printed on a label which is securely or permanently
257 affixed to the beverage container.  As used in this Code section, the term 'private label
258 beverage' means beverages purchased from a beverage manufacturer in beverage containers
259 bearing a brand name or trademark for sale at retail directly by the owner or licensee of
260 such brand name or trademark or through retail dealers affiliated with such owner or
261 licensee by a cooperative or franchise agreement.
262 (b) Such embossing or permanent imprinting on the beverage container shall be the
263 responsibility of the person, firm, or corporation which bottles, cans, or otherwise fills or
264 packages a beverage container or a brand owner for whose exclusive account private label
265 beverages are bottled, canned, or otherwise packaged; provided, however, that the duly
266 authorized agent of any such person, firm, or corporation may indicate such refund value
267 by a label securely affixed on any beverage container containing beverages imported into
268 the United States.
269 (c) No deposit initiator, distributor, or dealer shall sell or offer for sale, at wholesale or
270 retail in this state, any metal beverage container designed and constructed with a part of the
271 container which is detachable in opening the container unless such detachable part will
272 decompose by photodegradation or biodegradation.
273 (d) No deposit initiator, distributor, or dealer shall sell or offer for sale in this state
274 beverage containers connected to each other by a separate holding device constructed of
275 plastic which does not decompose by photodegradation or biodegradation.
276
10-16-7.
277 (a) Each deposit initiator shall deposit in a refund value account an amount equal to the
278 refund value initiated under Code Section 10-16-3 which is received with respect to each
279 beverage container sold by such deposit initiator. Such deposit initiator shall hold the
280 amounts in the refund value account in trust for the state.  A refund value account shall be
281 an interest-bearing account established in a banking institution located in this state, the
282 deposits in which are insured by an agency of the federal government.  Deposits of such
283 amounts into the refund value account shall be made not less frequently than every five
284 business days. All interest, dividends, and returns earned on the refund value account shall
285 be paid directly into said account. The moneys in such accounts shall be kept separate and
286 apart from all other moneys in the possession of the deposit initiator.  The commissioner
287 may specify a system of accounts and records to be maintained with respect to accounts
288 established under this subsection.
289 (b) Payments of refund values pursuant to Code Section 10-16-4 shall be paid from each
290 deposit initiator's refund value account.  No other payment or withdrawal from such
291 account shall be made except as prescribed by this Code section.
292 (c) Each deposit initiator shall file quarterly reports with the commissioner on a form and
293 in the manner prescribed by the commissioner.  The commissioner may require such
294 reports to be filed electronically. The quarterly reports required by this subsection shall be
295 filed for the quarterly periods ending on the last day of May, August, November, and
296 February of each year, and each such report shall be filed within
20 days after the end of
297 the quarterly period covered thereby.  Each such report shall include all information the
298 commissioner shall determine appropriate, including, but not limited to, the following
299 information:
300
(1) The balance in the refund value account at the beginning of the quarter for which the
301 report is prepared;
302
(2) All such deposits credited to the refund value account and all interest, dividends, or
303 returns received on such account, during such quarter;
304
(3) All withdrawals from the refund value account during such quarter, including all
305 reimbursements paid pursuant to subsection (b) of this Code section, all service charges
306 on the account, and all payments made pursuant to subsection (d) of this Code section;
307 and
308
(4) The balance in the refund value account at the close of such quarter.
309 (d)
(1) Quarterly payments. An amount equal to
80 percent of the balance outstanding in
310 the refund value account at the close of each quarter shall be paid to the commissioner
311 at the time the report provided for in subsection (c) of this Code section is required to be
312 filed. The commissioner may require that the payments be made electronically.  The
313 remaining
20 percent of the balance outstanding at the close of each quarter shall be the
314 moneys of the deposit initiator and may be withdrawn from such account by the deposit
315 initiator. If the provisions of this Code section with respect to such account have not
316 been fully complied with, each deposit initiator shall pay to the commissioner at such
317 time, in lieu of the amount described in the preceding sentence, an amount equal to the
318 balance which would have been outstanding on such date had such provisions been fully
319 complied with.  The commissioner may require that the payments be made electronically.
320
(2) Refund value account shortfall. In the event a deposit initiator pays out more in
321 refund values than it collects in deposits of refund values during the course of a quarterly
322 period as described in subsection (c) of this Code section, the deposit initiator may apply
323 to the commissioner for a refund of the amount of such excess payment of refund values
324 from sources other than the refund value account, in the manner as provided by the
325 commissioner.  A deposit initiator shall apply for a refund no later than
12 months after
326 the due date for filing the quarterly report for the quarterly period for which the refund
327 claim is made.  No interest shall be payable for any refund paid pursuant to this
328 paragraph.
329
(3) Final report. A deposit initiator who ceases to do business in this state as a deposit
330 initiator shall file a final report and remit payment of
80 percent of all amounts remaining
331 in the refund value account as of the close of the deposit initiator's last day of business.
332 The commissioner may require that the payments be made electronically.  The deposit
333 initiator shall indicate on the report that it is a 'final report.' The final report shall be due
334 to be filed with payment
20 days after the close of the quarterly period in which the
335 deposit initiator ceases to do business. In the event the deposit initiator pays out more in
336 refund values than it collects in such final quarterly period, the deposit initiator may
337 apply to the commissioner for a refund of the amount of such excess payment of refund
338 values from sources other than the refund value account, in the manner as provided by
339 the commissioner.
340 (e) All moneys collected or received by the department pursuant to this chapter shall be
341 deposited with such responsible banks or trust companies as may be designated by the
342 commissioner.  Such deposits shall be kept separate and apart from all other moneys in the
343 possession of the commissioner.  The commissioner shall require adequate security from
344 all such depositories.  Of the total revenue collected, the commissioner shall retain the
345 amount determined by the commissioner to be necessary for refunds out of which the
346 commissioner shall pay any refunds to which a deposit initiator may be entitled.  After
347 reserving the amount to pay refunds, the commissioner shall, by the tenth day of each
348 month, pay into the state treasury to the credit of the general fund the revenue deposited
349 under this subsection during the preceding calendar month.
350 (f) The commissioner shall promulgate such rules and regulations as may be necessary to
351 effectuate the purposes of this chapter.
352 (g)
(1) Any person who is a deposit initiator under this chapter before January 1, 2012,
353 shall apply by June 1, 2012, to the commissioner for registration as a deposit initiator.
354 Any person who becomes a deposit initiator on or after January 1, 2012, shall apply for
355 registration prior to collecting any deposits as such a deposit initiator. Such application
356 shall be in a form prescribed by the commissioner and shall require such information
357 deemed to be necessary for proper administration of this chapter.  The commissioner may
358 require that applications for registration shall be submitted electronically.  The
359 commissioner shall electronically issue a deposit initiator registration certificate in a form
360 prescribed by the commissioner within
15 days of receipt of such application.  A
361 registration certificate issued pursuant to this subsection may be issued for a specified
362 term of not less than three years and shall be subject to renewal in accordance with
363 procedures specified by the commissioner.  The commissioner shall maintain a complete
364 list of registered deposit initiators and shall continually update such list as warranted.
365
(2) The commissioner shall have the authority to revoke or refuse to renew any
366 registration issued pursuant to this subsection when he or she has determined that any of
367 the provisions of this chapter or rules and regulations promulgated thereunder have been
368 violated. Such violations shall include, but not be limited to, the failure to file quarterly
369 reports, the failure to make payments pursuant to this chapter, the providing of false or
370 fraudulent information to the department, or knowingly aiding or abetting another person
371 in violating any of the provisions of this chapter. A deposit initiator whose registration
372 has been revoked or not renewed shall cease to do business as a deposit initiator in this
373 state until this chapter has been complied with and a new registration has been issued.
374 Any deposit initiator whose registration has been revoked shall not apply for registration
375 for two years from the date such revocation takes effect.
376 (h) The commissioner may require the maintenance of such accounts, records, or
377 documents relating to the sale of beverage containers by any deposit initiator, bottler,
378 distributor, dealer, or redemption center as the commissioner may deem appropriate for the
379 administration of this chapter.  The commissioner may make examinations, including the
380 conduct of facility inspections during regular business hours, with respect to the accounts,
381 records, or documents required to be maintained under this chapter.  Such accounts,
382 records, and documents shall be preserved for a period of three years, except that the
383 commissioner may require that they be kept longer. Such accounts, records, and documents
384 may be kept within the meaning of this subsection when reproduced by any photographic,
385 photostatic, microfilm, micro-card, miniature photographic, or other process which actually
386 reproduces the original accounts, records, or documents.
387 (i)
(1) Any person required to be registered under this chapter who, without being so
388 registered, sells or offers for sale beverage containers in this state, in addition to any other
389 penalty imposed by this chapter, shall be subject to a penalty to be assessed by the
390 commissioner in an amount not to exceed $500.00 for the first day on which such sales
391 or offers for sale are made, plus an amount not to exceed $500.00 for each subsequent
392 day on which such sales or offers for sale are made, not to exceed $25,000.00 in the
393 aggregate.
394
(2) Any deposit initiator who fails to maintain accounts or records pursuant to this
395 chapter, unless it is shown that such failure was due to reasonable cause and not due to
396 negligence or willful neglect, in addition to any other penalty imposed by this chapter,
397 shall be subject to a penalty to be assessed by the commissioner of not more than
398 $1,000.00 for each quarter during which such failure occurred and an additional penalty
399 of not more than $1,000.00 for each quarter such failure continues.
400 (j) Beginning on January 1, 2012, each deposit initiator shall register the container label
401 of any beverage offered for sale in this state on which it initiates a deposit.  Any such
402 registered container label shall bear a universal product code. Such universal product code
403 shall be Georgia specific, in order to identify the beverage container as offered for sale
404 exclusively in Georgia and as a means of preventing illegal redemption of beverage
405 containers purchased out of state.  Registration shall be on forms as prescribed by the
406 department and shall include the universal product code for each combination of beverage
407 and container manufactured.  The commissioner may require that such forms be filed
408 electronically. The deposit initiator shall renew a label registration whenever that label is
409 revised by altering the universal product code or whenever the container on which it
410 appears is changed in size, composition, or glass color.
411
10-16-8.
412 The commissioner shall be empowered to promulgate rules and regulations governing:
413
(1) The circumstances in which dealers and distributors, individually or collectively, are
414 required to accept the return of empty beverage containers and make payment therefor;
415
(2) The sorting of the containers which a deposit initiator or distributor may require of
416 dealers and redemption centers;
417
(3) The collection of returned beverage containers by deposit initiators or distributors,
418 including the party to whom such expense is to be charged, the frequency of such
419 pickups, and the payment for refunds and handling fees thereon;
420
(4) The right of dealers to restrict or limit the number of containers redeemed, the rules
421 for redemption at the dealers' place of business, and the redemption of containers from
422 a beverage for which sales have been discontinued and to issue permits to persons, firms,
423 or corporations which establish redemption centers, subject to applicable provisions of
424 local and state laws, at which redeemers and dealers may return empty beverage
425 containers and receive payment of the refund value of such beverage containers.  No
426 dealer or distributor shall be required to obtain a permit to operate a redemption center
427 at the same location as the dealer's or distributor's place of business.  Operators of such
428 redemption centers shall receive payment of the refund value of each beverage container
429 from the appropriate deposit initiator or distributor as provided under Code Section
430
10-16-4.
431
10-16-9.
432 The commissioner shall establish a public education program to disseminate information
433 regarding implementation of this chapter.  Such information shall include, but not be
434 limited to, publication of information specifying the procedures necessary to establish a
435 redemption center; publication of information delineating the relevant rights and
436 responsibilities of deposit initiators, distributors, dealers, redemption centers, and
437 redeemers under the provisions of this chapter; publication of information regarding the
438 requirement that deposit initiators register with the department; and publication of
439 information on the general benefits of recycling."
440 SECTION
2.
441 This Act shall become effective on January 1, 2012.
442 SECTION
3.
443 All laws and parts of laws in conflict with this Act are repealed.