Minnesota 2008 bill text

1.2relating to environment; requiring a deposit on beverage containers; requiring
1.3labeling of beverage containers; providing for refunds of the deposit on
1.4containers returned; requiring payment of unclaimed deposits; appropriating
1.5money;amending Minnesota Statutes 2006, section 13.7411, subdivision 4;
1.6proposing coding for new law in Minnesota Statutes, chapter 115A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2006, section 13.7411, subdivision 4, is amended to read:
1.9    Subd. 4. Waste management. (a) Transfer station data. Data received by a
1.10county or district from a transfer station under section 115A.84, subdivision 5, are
1.11classified under that section.
1.12(b) Solid waste records. Records of solid waste facilities received, inspected,
1.13or copied by a county pursuant to section 115A.882 are classified pursuant to section
1.14115A.882, subdivision 3 .
1.15(c) Customer lists. Customer lists provided to counties or cities by solid waste
1.16collectors are classified under section 115A.93, subdivision 5.
1.17(d) Beverage container reporting. Data received by the Pollution Control Agency
1.18under section 115A.1355 are classified under that section.

1.19    Sec. 2. [115A.1350] DEFINITIONS.
1.20    Subdivision 1. Scope. For the purposes of section 115A.1350 to 115A.1357, the
1.21following terms have the meanings given.
1.22    Subd. 2. Beverage. "Beverage" means:
1.23(1) any soft drink, soda water, carbonated or uncarbonated natural or mineral water,
1.24juice, tea, or coffee;
2.1(2) beer, ale, or other malt liquor;
2.2(3) distilled spirits, wine, or mixed wine; and
2.3(4) other drinks in liquid form intended for human consumption.
2.4    Subd. 3. Beverage container. "Beverage container" means an airtight metal, glass,
2.5or plastic container, or a container composed of a combination of these materials, that,
2.6when sold or offered for sale, contains one gallon or less of a beverage.
2.7    Subd. 4. Distilled spirits. "Distilled spirits" has the meaning given in section
2.8340A.101, subdivision 9.
2.9    Subd. 5. Distributor. "Distributor" means a person who sells beverages in beverage
2.10containers to a retailer in this state, including a manufacturer who engages in such sales.
2.11    Subd. 6. Malt liquor. "Malt liquor" has the meaning given in section 340A.101,
2.12subdivision 16.
2.13    Subd. 7. Manufacturer. "Manufacturer" means a person who places beverages in
2.14beverage containers for eventual sale to consumers.
2.15    Subd. 8. Mixed wine. "Mixed wine" means a drink containing less than seven
2.16percent alcohol by volume, consisting of wine and plain, sparkling, or carbonated water
2.17and other nonalcoholic ingredients.
2.18    Subd. 9. Retailer. "Retailer" means a person who sells beverages in beverage
2.19containers to a consumer for consumption of the beverage.
2.20    Subd. 10. Unclaimed bottle deposits. "Unclaimed bottle deposits" means the
2.21difference between the dollar value of the total deposits collected by a distributor or
2.22manufacturer on beverage containers sold in this state and the total refunds paid for
2.23beverage containers redeemed by the distributor or manufacturer within this state.
2.24    Subd. 11. Wine. "Wine" has the meaning given in section 340A.101, subdivision 29.

2.25    Sec. 3. [115A.1351] BEVERAGE CONTAINER LABELING.
2.26(a) After January 1, 2009, no beverage container may be sold or offered for sale in
2.27the state unless it clearly indicates by embossing or imprinting on the product label, or in
2.28the case of a metal beverage container, on top of the container, the word "Minnesota" or
2.29the letters "MN" and the refund value of the container in type at least one-eighth inch in
2.30height, or an alternate indication as may be approved by the commissioner. The names
2.31or abbreviations of other states with container deposit legislation comparable to that in
2.32sections 115A.1350 to 115A.1357 may be indicated on the container.
2.33(b) The commissioner may allow beverage containers containing distilled spirits or
2.34wine to be affixed with a continuous adhesive sticker to indicate the information required
3.1in paragraph (a), provided the size, placement, and adhesive qualities are as approved by
3.2the commissioner.
3.3(c) This section does not apply to permanently labeled beverage containers.

3.4    Sec. 4. [115A.1353] BEVERAGE CONTAINERS; REFUND VALUE.
3.5(a) A refund value of not less than ten cents must be paid by a consumer on each
3.6beverage container sold in this state by a retailer.
3.7(b) The refund value must be paid to a consumer upon return of an empty beverage
3.8container upon which a refund value has been paid:
3.9(1) by a retailer, provided that the beverage container is of a kind, size, and brand
3.10offered for sale by the retailer; or
3.11(2) by an operator of a redemption center licensed under section 115A.1354.
3.12(c) A retailer or an operator of a licensed redemption center is not required to accept
3.13and redeem a beverage container that:
3.14(1) is broken;
3.15(2) contains residue other than water, the beverage it originally contained, or dust;
3.16(3) is damaged to the extent that the brand on the container cannot be identified; or
3.17(4) was not purchased in this state.
3.18(d) A manufacturer or distributor must accept for redemption from a retailer that sells
3.19its beverage containers or from an operator of a licensed redemption center any beverage
3.20container of a kind, size, and brand sold by the manufacturer or distributor, unless the
3.21beverage container meets the requirements of paragraph (c), and must pay the retailer or
3.22operator of a licensed redemption center the refund value established in paragraph (a) for
3.23each beverage container accepted for redemption, plus one cent per beverage container.
3.24(e) A retailer may, but is not required to, accept empty beverage containers from a
3.25person due a refund exceeding $25 on any one day.

3.26    Sec. 5. [115A.1354] REDEMPTION CENTERS.
3.27(a) Any person may establish a redemption center, subject to the approval of the
3.28commissioner, at which any person may return empty beverage containers and receive
3.29payment of the containers' refund value.
3.30(b) Application for approval of a redemption center must be made on a form
3.31prescribed by the commissioner.
3.32(c) The commissioner must approve a request to establish a redemption center if
3.33the commissioner determines that the redemption center provides a convenient service to
3.34persons for the return of empty beverage containers. The approval of the commissioner
4.1for a redemption center must state the kind and brand names of empty beverage containers
4.2that the redemption center must accept.
4.3(d) The commissioner may review approval of a request to establish a redemption
4.4center at any time and may, after public hearing, withdraw approval of a redemption
4.5center if the commissioner finds that the redemption center has not been in compliance
4.6with the commissioner's original approval or if the redemption center no longer provides a
4.7convenient service to the public.

4.8    Sec. 6. [115A.1355] REPORTING REQUIREMENT.
4.9    Subdivision 1. Report. Beginning January 1, 2010, and each year thereafter, a
4.10distributor or manufacturer must file a report with the agency, on a form prescribed by
4.11the commissioner, stating the dollar value of both the total deposits collected on beverage
4.12containers sold in this state and the total refunds paid for beverage containers redeemed by
4.13the distributor or manufacturer within this state.
4.14    Subd. 2. Data. Data reported under subdivision 1 by an individual distributor or
4.15manufacturer are classified as nonpublic data, as defined in section 13.02, subdivision
4.169, except that the agency may release the data in summary form in which individual
4.17distributors or manufacturers are not identified and from which neither their identities
4.18nor any other characteristic that could uniquely identify an individual distributor or
4.19manufacturer is ascertainable.

4.20    Sec. 7. [115A.1356] UNCLAIMED BOTTLE DEPOSITS.
4.21    Subdivision 1. Payment. Not later than March 1, 2009, and each year thereafter, a
4.22distributor or manufacturer must pay to the commissioner the unclaimed bottle deposits
4.23for the previous year.
4.24    Subd. 2. Enforcement. (a) The Department of Revenue must enforce the obligation
4.25to pay the amount of money reflecting unclaimed bottle deposits owed to the state. The
4.26audit, assessment, appeal, collection, enforcement, disclosure, and other administrative
4.27provisions of chapters 270B, 270C, and 289A that apply to the taxes imposed under chapter
4.28297A apply to unclaimed bottle deposits owed to the state. To enforce this subdivision,
4.29the commissioner of revenue may grant extensions to pay, and impose and abate penalties
4.30and interest on, unclaimed bottle deposits in the manner provided in chapters 270C and
4.31289A as if the unclaimed bottle deposits were a tax imposed under chapter 297A.
4.32    Subd. 3. Nonpublic data. The Department of Revenue may disclose nonpublic
4.33data to the agency only when necessary for the efficient and effective administration of
4.34the activities regulated under sections 115A.1350 to 115A.1357. Any data disclosed
5.1by the department to the agency retains the classification it had when in the possession
5.2of the department.
5.3    Subd. 4. Creation of account; appropriations; deposits. (a) The unclaimed bottle
5.4deposits account is established in the environmental fund. The commissioner of revenue
5.5must deposit receipts collected under subdivision 1 in the account. Any interest earned on
5.6the account must be credited to the account. Money in the account at the end of a fiscal
5.7year remains in the account and does not cancel to the general fund.
5.8(b) Money in the account is annually appropriated to the agency for the purpose of
5.9implementing sections 115A.1350 to 115A.1357.
5.10(c) The commissioner shall deposit all remaining revenues in the account as follows:
5.11(1) ... percent to the environmental fund; and
5.12(2) ... percent to the remediation fund.

5.13    Sec. 8. [115A.1357] RULES.
5.14The commissioner may adopt rules necessary to implement sections 115A.1351
5.15to 115A.1356.

5.16    Sec. 9. EFFECTIVE DATE.
5.17Sections 1 to 8 are effective the day following final enactment.

Updated October 12, 2008