Kansas 2008 bill text

SENATE BILL No. 258

The following text was found at http://www.kslegislature.org/legsrv-bills/showBill.do?id=126491

SENATE BILL No. 258
By Committee on Natural Resources
2-2
AN ACT relating to litter control; requiring certain beverage containers
to be redeemable; providing penalties for violations relating thereto.
Be it enacted by the Legislature of the State of Kansas:
Section 1. As used in this act:
(a) ‘‘Beverage’’ means:
(1) Any alcoholic liquor, as defined by K.S.A. 41-102 and amend-
ments thereto, whether or not mixed with any other beverage;
(2) any cereal malt beverage, as defined by K.S.A. 41-2701 and
amendments thereto, whether or not mixed with any other beverage; and
(3) any mineral water, soda water or carbonated soft drink intended
for human consumption.
(b) ‘‘Beverage container’’ means an airtight metal, glass or plastic con-
tainer, or a container composed of a combination of those materials,
which, at the time of sale, contains one gallon or less of a beverage.
(c) ‘‘Distributor’’ means any person, including a manufacturer, who,
within this state, sells beverages in beverage containers to a retailer.
(d) ‘‘Manufacturer’’ means any person who bottles, cans or otherwise
fills beverage containers with beverage for sale to distributors, retailers
or consumers.
(e) ‘‘Nonreturnable container’’ means a beverage container upon
which no deposit or a deposit of less than $.05 has been paid, or is re-
quired to be paid upon the removal of the container from the sale or
consumption area, or for which no cash refund or a refund of less than
$.05 is payable by a retailer or distributor of that beverage as provided
by section 2.
(f) ‘‘Operator of a vending machine’’ means an owner of a vending
machine, the person who refills it, or the owner or lessee of the property
upon which it is located.
(g) ‘‘Person’’ means any individual, partnership, corporation, associ-
ation or other legal entity.
(h) ‘‘Redemption center’’ means means any facility established to re-
deem empty beverage containers from consumers or to collect and sort
empty beverage containers from retailers and to prepare such containers
for redemption by the appropriate distributors.

(i) ‘‘Retailer’’ means any person who, within this state, sells or offers
for sale to consumers beverage in a beverage container.
(j) ‘‘Returnable container’’ means a beverage container upon which
a deposit of at least $.05 has been paid, or is required to be paid upon
the removal of the container from the sale or consumption area, and for
which a refund of at least $.05 in cash is payable by every retailer or
distributor of that beverage as provided by section 2.
(k) ‘‘Secretary’’ means the secretary of health and environment.
Sec. 2. (a) No retailer shall, within this state, sell, offer for sale or
give to a consumer any nonreturnable container or beverage in a nonre-
turnable container. Every consumer shall pay to the retailer a deposit of
$.05 for each beverage container purchased from that retailer. On July 1,
2009, the secretary shall issue a finding that reports the percentage of
beverage containers that have been returned for deposit in the two years
that those beverage containers have been subject to deposit. If the sec-
retary finds that the percentage of beverage containers returned for re-
fund has been less than 60%, then on July 1, 2009, beverage containers
shall be subject to a deposit of $.10 per container.
(b) Except as provided in subsections (d) and (e), a retailer shall ac-
cept from any person during the retailer’s business hours any empty bev-
erage container of the type, size and brand sold by the retailer within the
past 60 days and shall pay that person the refund value of each beverage
container returned, unless such retailer sponsors, solely or with others, a
redemption center which accepts beverage containers of the kind, size
and brand sold by such retailer at such place of business.
(c) A distributor or manufacturer shall collect from a retailer a deposit
of $.05 for each beverage container the retailer purchases from the dis-
tributor or manufacturer. Except as provided in subsection (d), a distrib-
utor or manufacturer shall accept from any retailer or from any operator
of a redemption center any empty beverage container of the type, size
and brand sold by the distributor or manufacturer within the past 60 days
and shall pay the retailer or the operator of a redemption center the
refund value of the beverage container plus a handling fee in an amount
which is at least the greater of $.02 per container, or 20% of the amount
of the deposit returned to the consumer. A distributor or manufacturer
shall pay such refund value and handling fee to an operator of a redemp-
tion center not later than 20 days after receipt of the empty beverage
container from the operator.
(d) A retailer, distributor, redemption center or manufacturer may
refuse to accept any beverage container which contains material foreign
to the normal contents of the container.
(e) A retailer or redemption center may, but is not required to, accept
from a person empty returnable containers for a refund in excess of $25
on any single day.
(f) Every operator of a vending machine which sells beverages in
beverage containers shall post a conspicuous notice on each vending ma-
chine indicating that a refund of not less than $.05 is available on each
beverage container purchased and where and from whom that refund
may be obtained. The provisions of this subsection shall not be construed
to require such vending machine operators to provide refunds at the
premises wherein such vending machines are located.
Sec. 3. (a) Any person may establish a redemption center by regis-
tering with the secretary on a form provided by the secretary with such
information as the secretary deems necessary, including but not limited
to: (1) The name of the business owners of the redemption center and
the address of the business; (2) the name and address of the sponsors and
retailers to be served by the redemption center; (3) the types of beverage
containers to be accepted; (4) the hours of operation; and (5) whether
beverage containers will be accepted from consumers.
(b) Any person establishing a redemption center shall have the right
to determine what kind, size and brand of beverage container shall be
accepted. Any redemption center may be established to serve all persons
or to serve certain specified retailers.
(c) A redemption center shall be considered to be sponsored by a
retailer if the retailer refuses to redeem beverage containers and refers
consumers to the redemption center or there is an agreement between
the retailer and the operator of the redemption center requiring the re-
demption center to remove empty beverage containers from the premises
of the retailer.
Sec. 4. (a) Every beverage container, except permanently labeled re-
fillable glass containers, sold or offered for sale at retail in this state shall
clearly indicate by embossing or imprinting on the normal product label
or, in the case of a metal beverage container, on the top of the container,
the name ‘‘Kansas’’ or the abbreviation ‘‘KS’’ and the refund value of the
container in not less than 1⁄8 inch type size. This subsection does not
prohibit including names or abbreviations of other states with deposit
legislation comparable to this state.
(b) A permanently labeled refillable glass beverage container sold or
offered for sale at retail in this state shall clearly indicate in not less than
1⁄8 inch size print by embossing or by stamp, or by label, or other method
securely affixed to any portion except the bottom of the permanently
labeled refillable glass beverage container, the refund value of the refill-
able glass beverage container and that the container may be returned for
deposit.
(c) The secretary may allow, in the case of alcoholic liquor bottles, a
conspicuous, adhesive sticker to be attached to indicate the deposit in-
formation required in subsection (a), provided that the size, placement
and adhesive qualities of the sticker are as approved by the secretary. The
provisions of this subsection shall only apply to alcoholic liquor bottles
whose characteristics prohibit compliance with subsection (a) and to al-
coholic liquor which is sold in the state in quantities less than 100 cases
per year, or in such lower quantity as deemed appropriate by the
secretary.
(d) No distributor or manufacturer shall sell or offer for sale in this
state a brand of beverage container labeled as provided in subsection (a)
if that distributor sells such a beverage container containing that brand
in an adjacent state which does not have a deposit-redemption system
similar to that established by this act. A distributor who violates this sub-
section shall be prohibited from selling or offering those beverages for
sale in this state until the violation ceases.
Sec. 5. (a) To promote the use in this state of refillable beverage
containers of uniform design and to facilitate the return of containers to
manufacturers for reuse as a beverage container, the secretary shall certify
beverage containers which satisfy the requirements of section 4.
(b) A beverage container shall be certified if:
(1) It is refillable as a beverage container by more than one manu-
facturer in the ordinary course of business; or
(2) more than one manufacturer will in the ordinary course of busi-
ness accept the beverage container for reuse as a beverage container and
pay the refund value of the container.
(c) The secretary shall not certify more than one beverage container
of a particular manufacturer in each size classification. The secretary shall
by rule and regulation establish appropriate size classification in accord-
ance with the purposes set forth in this section, each of which shall include
a size range of at least three liquid ounces.
(d) A beverage container shall not be certified under this section if:
(1) By reason of its shape or design, or by reason of words or symbols
permanently inscribed thereon, whether by engraving, embossing, paint-
ing or other permanent method, it is refillable as a beverage container in
the ordinary course of business only by a manufacturer of a beverage sold
under a specific brand name; or
(2) the secretary finds that its use by more than one manufacturer is
not of sufficient volume to promote the purposes set forth in this
subsection.
(e) Unless an application for certification under this section is denied
by the secretary within 60 days after the application is filed, the beverage
container shall be deemed certified.
(f) The secretary may at any time review certification of a beverage
container. If, upon the review, after written notice and hearing afforded
to the person who filed the original application of certification of the
beverage container under this section, the secretary determines that the
beverage container is no longer qualified for certification, the secretary
shall withdraw certification. Withdrawal of certification shall be effective
on a date specified by the secretary, but not less than 30 days after written
notice to the person who filed the original application for certification of
the beverage container under this section and to the manufacturer re-
ferred to in subsection (b).
Sec. 6. Beginning July 1, 2009, the final disposal of beverage con-
tainers in a sanitary landfill by a retailer, distributor or manufacturer, or
person operating a redemption center is hereby prohibited.
Sec. 7. Violation of any provision of sections 2, 4 or 6 by any person
is a misdemeanor punishable by a fine of not less than $50 nor more than
$100 for the first offense, not less than $100 nor more than $200 for a
second offense, and not less than $250 nor more than $500 for a third
offense.
Sec. 8. This act shall take effect and be in force from and after its
publication in the statute book.