LD 985
pg. 2
Page 1 of 7 An Act To Improve the State's Returnable Bottle Law and Adjust Handling Fees ... Page 3 of 7
Download Bill Text
LR 1324
Item 1

 
A. In addition to the payment of the refund value, the
initiator of the deposit under section 1863-A, subsections
1, 2 and 4 shall reimburse the dealer or local redemption
center for the cost of handling beverage containers
subject to section 1863-A, in an amount that equals at
least per returned container. The initiator of the
deposit may reimburse the dealer or local redemption
center directly or indirectly through a party with which
it has entered into a commingling agreement.

 
B. In addition to the payment of the refund value, the
initiator of the deposit under section 1863-A, subsection
3 shall reimburse the dealer or local redemption center
for the cost of handling beverage containers subject to
section 1863-A in an amount that equals at least per
returned container. The initiator of the deposit may
reimburse the dealer or local redemption center directly
or indirectly through a contracted agent or though a party
with which it has entered into a commingling agreement.

 
C.__The reimbursement that the initiator of the deposit is
obligated to pay the dealer or redemption center pursuant
to paragraph A or B must be reduced either:

 
(1)__By 1__for any returned container that is subject
to a qualified commingling agreement that allows the
dealer or redemption center to commingle beverage
containers of like material, size and product group.__
A commingling agreement is qualified for purposes of
this subparagraph if the department determines that
at least 50% of the beverage containers of like
material, size and product group for which deposits
are being initiated in the State are covered by the
commingling agreement.__As the initiator of deposit
for all spirits sold in the State, the State is
entitled to the 1__reduction in handling fee
described in this subparagraph without regard to
whether it is a party to a qualified commingling
agreement; or

 
(2)__By 1 1/2__for any returned container that is subject to a
qualified commingling agreement that allows the dealer or
redemption center to commingle beverage containers of like
material and size.__A commingling agreement is qualified for
purposes of this subparagraph if the department determines
that at least 50% of the beverage containers of like material
and size for which the deposits are being initiated in the
State are covered by the commingling agreement.__The State,
through the Department of Administrative and Financial
Services, Bureau of Alcoholic Beverages and


Page 1 of 7 Top of Page Page 3 of 7