46th legislature - STATE OF NEW MEXICO - first session, 2003

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; PROVIDING PENALTIES.

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;

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. A dealer shall 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.".

E. Signs required to be posted pursuant to Subsection D of this section shall be made available by the department at a minimal cost to dealers.

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.

Section 7. ADMINISTRATION--PENALTIES.--

A. The department shall administer the Beverage Container Deposit Act.

B. Complaints about the implementation of the Beverage Container Deposit Act shall be filed in writing with the department and shall be investigated within five days of the date on which the complaint is received by the department. The department shall attempt to resolve the complaint after completing the investigation either informally or by mediation, as appropriate to the complaint.

C. The department shall provide an opportunity for an unresolved complaint to be heard pursuant to rules of the department. Notice shall be provided by the department to the parties to the hearing at least fifteen days prior to the hearing.

D. The department shall assess an administrative fine up to one thousand dollars ($1,000) for each occurrence of a violation of Sections 4 and 6 of the Beverage Container Deposit Act.

E. An administrative fine of one hundred dollars ($100) shall be imposed by the department on a dealer who fails to provide signs required in Subsection D of Section 5 of the Beverage Container Deposit Act.

Section 8. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.