Sec. 22a-245. (Formerly Sec. 22a-79). Registration of redemption centers. Payment of refund value by dealers and distributors. Handling fee. Regulations.
Sec. 22a-245. (Formerly Sec. 22a-79). Registration of redemption centers.
Payment of refund value by dealers and distributors. Handling fee. Regulations.
(a) No person shall establish a redemption center without registering with the commissioner on a form provided by the commissioner with such information as the commissioner deems necessary including (1) the name of the business principals of the redemption center and the address of the business; (2) the name and address of the sponsors
and dealers 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. The operator of the redemption center shall report any change
in procedure to the commissioner within forty-eight hours of such change. 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 dealers.
(b) A dealer shall not refuse to accept at such dealer's place of business, from any
person any empty beverage containers of the kind, size and brand sold by the dealer, or
refuse to pay to such person the refund value of a beverage container as established by
subsection (a) of section 22a-244 unless such container contains materials which are
foreign to the normal contents of the container or unless such container is not labeled
in accordance with subsection (b) of section 22a-244 or unless such dealer sponsors,
solely or with others, a redemption center which is located within a one-mile radius of
such place of business and which accepts beverage containers of the kind, size and brand
sold by such dealer at such place of business or unless there is established by others, a
redemption center which is located within a one-mile radius of such place of business
and which accepts beverage containers of the kind, size and brand sold by such dealer
at such place of business. A dealer shall redeem an empty container of a kind, size or
brand the sale of which has been discontinued by such dealer for not less than sixty days
after the last sale by the dealer of such kind, size or brand of beverage container. Sixty
days before such date, the dealer shall post, at the point of sale, notice of the last date
on which the discontinued kind, size or brand of beverage container shall be redeemed.
(c) A distributor shall not refuse to accept from a dealer or from an operator of a
redemption center, located and operated exclusively within the territory of the distributor
or whose operator certifies to the distributor that redeemed containers were from a dealer
located within such territory, any empty beverage containers of the kind, size and brand
sold by the distributor, or refuse to pay to such dealer or redemption center operator the
refund value of a beverage container as established by subsection (a) of section 22a-244 unless such container contains materials which are foreign to the normal contents
of the container or unless such container is not labeled in accordance with subsection
(b) of section 22a-244. A distributor shall remove any empty beverage container from
the premises of a dealer serviced by the distributor or from the premises of a redemption
center sponsored by dealers serviced by the distributor, provided such premises are
located within the territory of the distributor. The distributor shall pay the refund value
to dealers in accordance with the schedule for payment by the dealer to the distributor
for full beverage containers and shall pay such refund value to operators of redemption
centers not more than twenty days after receipt of the empty container. For the purposes
of this subsection, a redemption center shall be considered to be sponsored by a dealer
if (1) the dealer refuses to redeem beverage containers and refers consumers to the
redemption center or (2) there is an agreement between the dealer and the operator
of the redemption center requiring the redemption center to remove empty beverage
containers from the premises of the dealer. A distributor shall redeem an empty container
of a kind, size or brand of beverage container the sale of which has been discontinued
by the distributor for not less than one hundred fifty days after the last delivery of such
kind, size or brand of beverage container. Not less than one hundred twenty days before
the last date such containers may be redeemed, the distributor shall notify such dealer
who bought the discontinued kind, size or brand of beverage container that such distributor shall not redeem an empty beverage container of such kind, size or brand of beverage
containers.
(d) In addition to the refund value of a beverage container as provided in subsection
(a) of section 22a-244, a distributor shall pay to any dealer or operator of a redemption
center a handling fee of at least one and one-half cents for each container of beer or
other malt beverage and two cents for each container of mineral waters, soda water and
similar carbonated soft drinks returned for redemption. A distributor shall not be required
to pay to a manufacturer the refund value of a nonrefillable beverage container.
(e) (1) The Commissioner of Environmental Protection shall adopt regulations, in
accordance with the provisions of chapter 54, to implement the provisions of sections
22a-243 to 22a-245a, inclusive. Such regulations shall include, but not be limited to,
provisions for the redemption of beverage containers dispensed through automatic vending machines, the use of vending machines that dispense cash to consumers for redemption of beverage containers, scheduling for redemption by dealers and distributors and
for exemptions or modifications to the labeling requirement of section 22a-244.
(2) The regulations adopted pursuant to subdivision (1) of this subsection shall also
include provisions creating a prescribed accounting system for the reimbursement of
the refund value for a redeemed beverage container. The commissioner shall adopt
written policies and procedures to implement the provisions creating such prescribed
accounting system while in the process of adopting such policies and procedures in
regulation form, and the commissioner shall print a notice of intention to adopt the
regulations in the Connecticut Law Journal not later than twenty days prior to implementing such policies and procedures. The commissioner shall submit final regulations to
implement such policies and procedures to the legislative regulation review committee
not later than May 1, 2009, unless a later date is approved by a majority vote of the
members present of said committee. Policies and procedures implemented pursuant to
this subdivision shall be valid until (A) May 1, 2009, or, if applicable, the later date
approved by said committee pursuant to this subdivision, or (B) the time that the proposed final regulations are adopted or disapproved by said committee, whichever is
earlier.
(P.A. 78-16, S. 3-5, 10; P.A. 79-252, S. 1, 2; P.A. 80-95, S. 2; P.A. 83-42; P.A. 84-121, S. 3; P.A. 86-64; Nov. 24 Sp.
Sess. P.A. 08-1, S. 12.)
History: P.A. 78-16 effective January 1, 1980; P.A. 79-252 added Subsec. (e) setting deadline of October 1, 1979, for
adoption of regulations to implement Secs. 22a-77 to 22a-79; P.A. 80-95 provided that distributors need not pay refund
value of nonrefundable containers to manufacturers; Sec. 22a-79 transferred to Sec. 22a-245 in 1983; P.A. 83-42 amended
Subsec. (d) to distinguish two classes of beverage containers with different handling fees where previously one-cent fee
applied to all containers; P.A. 84-121 amended Subsec. (a) to require registration of redemption centers, amended Subsec.
(b) to require dealers and distributors to redeem empty beverage containers of a type they no longer sell, amended Subsec.
(c) by adding provision that distributors must accept beverage containers from a redemption center within the distributor's
territory or from dealers within such territory, and provisions re removal from premises of dealer or redemption center
sponsored by dealers, re payment of refund value and re redemption of discontinued beverage containers, and amended
Subsec. (d) to require regulations on redemption of beverage containers dispensed through vending machines, redemption
scheduling and labeling exemptions; P.A. 86-64 amended Subsec. (d) by increasing the handling fee for empty beer
containers from one to one and one half cents and amended Subsec. (c) to authorize the commissioner to adopt regulations
concerning vending machines which dispense cash to consumers; Nov. 24 Sp. Sess. P.A. 08-1 amended Subsec. (e) to
designate existing provisions as Subdiv. (1) and add reference to Sec. 22a-245a and make a technical change therein, and
to add Subdiv. (2) re prescribed accounting system for reimbursement of refund value for redeemed beverage container,
effective November 25, 2008.
See Sec. 22a-246 re penalties for violations of this section.