45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO GLASS BEVERAGE CONTAINERS; ENACTING THE BEVERAGE CONTAINER DEPOSIT ACT; ESTABLISHING A DEPOSIT FEE; ESTABLISHING A REFUND FEE AND PROVIDING FOR REFUNDS ON GLASS BEVERAGE CONTAINERS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the "Beverage Container Deposit Act".

Section 2. DEFINITIONS.--As used in the Beverage Container Deposit Act:

A. "beverage" means beer or other malt beverages and mineral water, soda water and similar carbonated soft drinks in liquid form and intended for human consumption;

B. "beverage container" means the individual, separate, sealed glass container containing a beverage;

C. "consumer" means a person who purchases a beverage in a beverage container for use or consumption;

D. "dealer" means a person in New Mexico who engages in the sale of beverages in beverage containers to a consumer;

E. "department" means the department of environment;

F. "distributor" means a person who engages in the sale of beverages in beverage containers to a dealer, including a manufacturer who engages in these sales;

G. "manufacturer" means a person bottling beverages or filling glass beverage containers for sale to distributors or dealers; and

H. "place of business" means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.

Section 3. REFUND VALUE REQUIRED.--The price of every beverage container sold or offered for sale shall include a deposit fee of five cents ($.05) and have a refund value of not less than five cents ($.05).

Section 4. PRACTICES REQUIRED OF DEALERS AND DISTRIBUTORS.--

A. A dealer shall not refuse to accept from a person an empty beverage container of the kind, size and brand sold by the dealer or refuse to pay to that person the refund value of a beverage container as established by Section 3 of the Beverage Container Deposit Act.

B. A distributor shall 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 to that dealer the refund value of a beverage container as established by Section 3 of the Beverage Container Deposit Act.

Section 5. DEALER OR DISTRIBUTOR AUTHORIZED TO REFUSE TO ACCEPT OR PAY REFUND IN CERTAIN CASES--NOTICE.--

A. A dealer may refuse to accept from a person, and a distributor may refuse to accept from a dealer, an empty beverage container that does not state thereon a refund value as established by Section 3 of the Beverage Container Deposit Act.

B. A dealer may refuse to accept and to pay the refund value of a beverage container visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust.

C. A dealer may refuse to accept and to pay the refund value of more than one hundred forty-four individual beverage containers returned by one person during one day.

D. In order to refuse containers under Subsection B or C of this section, the dealer must post in each area of its place of business where containers are received a clearly visible and legible sign containing the following information:

"NOTICE

New Mexico law allows a dealer to refuse to accept:

1. beverage containers visibly containing or contaminated by a substance other than water, residue of the original contents or ordinary dust; or

2. more than 144 individual beverage containers from one person during one day.".

Section 6. INDICATION OF REFUND VALUE REQUIRED.--Every beverage container sold or offered for sale in this state by a dealer shall clearly indicate by embossing or by a stamp, label or other method securely affixed to the beverage container, the refund value of the container.