LD 985
pg. 3
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LR 1324
Item 1

 
returned container for containers picked up by the initiator
before March 1, 2004 and at least 3 1/2__for containers picked
up on or after March 1, 2004. 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 3 per returned
container for containers picked up by the initiator before
March 1, 2004 and at least 3 1/2__for containers picked up
on or after March 1, 2004. 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 by 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 product group,
material and size.__A commingling agreement is qualified for
purposes of this paragraph if the department determines that
50% or more of the beverage containers of like product
group, material and size for which the deposits are being
initiated in the State are covered by the commingling
agreement.__Once the initiator of deposit has established a
qualified commingling agreement for containers of a like
product group, material and size, the department shall allow
additional brands to be included from a different product
group if they are of like material.__The State, through the
Department of Administrative and Financial Services, Bureau
of Alcoholic Beverages and Lottery Operations, shall make
every reasonable effort to enter into a qualified
commingling agreement under this subparagraph with every
other initiator of deposits for beverage containers that are
of like product group, size and material as the beverage
containers for which the State is the initiator of deposit.

 
D.__Paragraphs A, B and C of this subsection do not apply to a
brewer who annually produces no more than 50,000 gallons of its
product or a bottler of water who annually sells no more than
250,000 containers each containing no more than one gallon of its
product.__In addition to the payment of the refund value, an
initiator of deposit under section 1863-A, subsections 1 to 4 who
is also a brewer who annually


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