South Carolina Legislature


 

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H 3471
Session 109 (1991-1992) 

H 3471 General Bill, By Alexander, Cork, H.H. Keyserling, S.G. Manly, 
C.V. Marchbanks and L.W. Ross
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 97
 to Title 44 so as to provide for the protection against pollution from litter
 by regulating the use of certain beverage containers and provide penalties for
 violations.

   02/07/91  House  Introduced and read first time HJ-25
   02/07/91  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-25



A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 97 TO TITLE 44 SO AS TO PROVIDE FOR THE PROTECTION AGAINST POLLUTION FROM LITTER BY REGULATING THE USE OF CERTAIN BEVERAGE CONTAINERS AND PROVIDE PENALTIES FOR VIOLATIONS.

Whereas, the pollution from litter on our highways, in our parks, on our beaches, and various other places in our environment has become of increasing concern; and

Whereas, it is in the best interest of all the citizens of South Carolina to preserve the beauty and cleanliness of our natural surroundings. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 44 of the 1976 Code is amended by adding:

"CHAPTER 97

Beverage Containers

Section 44-97-10. As used in this chapter:

( 1) `Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.

( 2) `Beverage container' means the individual, separate, and sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage.

( 3) `Commission' means the South Carolina Alcoholic Beverage Control Commission.

( 4) `Consumer' means every person who purchases a beverage in a beverage container for use or consumption.

( 5) `Dealer' means every person in this State who engages in the sale of beverages in beverage containers to a consumer or means a redemption center certified under Section 44-97-80.

( 6) `Distributor' means every person who engages in the sale of beverages in beverage containers to a dealer in this State including a manufacturer who engages in sales.

( 7) `In this State' means within the exterior limits of South Carolina and includes all territory within these limits owned by or ceded to the United States.

( 8) `Manufacturer' means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.

( 9) `Place of business of a dealer' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.

(10) `Use or consumption' includes the exercise of a right or power over a beverage incident to the ownership of the beverage, other than the sale or the keeping or retention of a beverage for the purposes of sale.

Section 44-97-20. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.

(B) Every beverage container certified as provided in Section 44-97-60 sold or offered for sale in this State, has a refund value of not less than five cents.

Section 44-97-30. Except as provided in Section 44-97-40:

(1) A dealer may not refuse to accept from a consumer an empty beverage container of the kind, size, and brand sold by the dealer or refuse to pay to the consumer the refund value of a container as established by Section 44-97-20.

(2) A distributor may not refuse to accept from a dealer an empty beverage container of the kind, size, and brand sold by the distributor or refuse to pay the dealer the refund value of a container as established by Section 44-97-20.

Section 44-97-40. (A) A dealer may refuse to accept from a consumer and a distributor may refuse to accept from a dealer an empty beverage container which does not state on the container a refund value as established by Section 44-97-20.

(B) A dealer may refuse to accept and pay the refund value of an empty beverage container if the place of business of the dealer and the kind and brand of the container are included in an order of the commission approving a redemption center under Section 44-97-80.

Section 44-97-50. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the container, its refund value.

(B) Subsection (A) does not apply to glass beverage containers designed for beverages having a brand name permanently marked on the container which, on January 1, 1991, had a refund value of not less than five cents.

Section 44-97-60. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify the containers which satisfy the requirements of this section.

(B) A beverage container must be certified if:

(1) it is reusable as a beverage container by more than one manufacturer in the ordinary course of business;

(2) more than one manufacturer, in the ordinary course of business, will accept the beverage container for reuse as a beverage container and pay its refund value.

(C) A beverage container must not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed on the container, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.

Section 44-97-70. (A) Unless an application for certification under Section 44-97-60 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.

(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 44-97-60, the commission determines the container is no longer qualified for certification it shall withdraw certification.

(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 44-97-60 and to the manufacturers referred to in Section 44-97-60(B).

Section 44-97-80. (A) To facilitate the return of empty beverage containers and to serve dealers of beverages, a person may establish a redemption center, subject to the approval of the commission, at which consumers may return empty beverage containers and receive payment of the refund value of the beverage containers.

(B) Application for approval of a redemption center must be filed with the commission. The application must state the name and address of the person responsible for the establishment and operation of the redemption center, the kinds and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application must include additional information the commission may require.

(C) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the commission approving a redemption center must state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center accepts. The order may contain other provisions to insure the redemption center provides a convenient service to the public as the commission may determine.

(D) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the commission, after hearing, may withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center or if the redemption center no longer provides a convenient service to the public.

Section 44-97-90. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.

Section 44-97-100. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days."

SECTION 2. This act takes effect one year after approval by the Governor.

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