Container deposit legislation in the United States
There are ten states in the United States with container deposit legislation, popularly called "bottle bills" after the Oregon Bottle Bill, the first such legislation that was passed.
Container deposit legislation requires a refundable deposit on certain types of recyclable beverage containers in order to ensure an increased recycling rate. Studies show that the recycling rate for beverage containers is vastly increased with a bottle bill. The United States' overall beverage container recycling rate is approximately 33%, while states with container deposit laws have a 70% average rate of beverage container recycling. Michigan's recycling rate of 97% from 1990 to 2008 was the highest in the nation, as is its $0.10 deposit. Studies also show that beverage container legislation has reduced total roadside litter by between 30% and 64% in the states with bottle bills. Numerous instances of criminal offenses motivated by the cash refund value of empty containers have been reported.
Proponents of container deposit legislation have pointed to the small financial responsibilities of the states. Financing these programs are the responsibility of the beverage industry and consumers. Producers are responsible for disposing of returned products, while consumers are responsible for collecting their refunds.
In Connecticut, Maine, Michigan, and Massachusetts the courts have ruled that unclaimed deposits are deemed abandoned by the public and are therefore property of the state. These states use this money to fund other environmental programs. In California and Hawaii uncollected deposits are used to cover the administrative costs of the deposit program. The beverage distribution industry keeps the unredeemed deposit in Iowa and Oregon. Iowa and Oregon's system are similar and it was found to be highly profitable for beverage distributors in Iowa.
States with container deposits
- California, California Beverage Container Recycling and Litter Reduction Act implemented in 1987, last revision made October 2010. Listed on containers as "California Redemption Value", or "CRV", or "CA Cash Refund" or similar notations. Beverages covered under the act are beer and malt beverages, distilled spirit coolers and wine coolers, and all non-alcoholic beverages except milk, 100 percent vegetable juice in containers larger than 16 ounces, and 100 percent fruit juice in containers 46 ounces or larger. Other notable beverage excluded from CRV are wine, distilled spirits, medical food and baby formula. Container types are aluminum, glass, plastic resins 1-7, bi-metals. The recycling rate for beverage containers of all materials in 2011 was 82%. California imposes sales tax on the CRV if the beverage is taxable. The sales tax is not refunded to consumers upon redeeming the empty containers to a recycling center.
- Connecticut, Beverage Container Deposit and Redemption Law 1980; not charged on milk. Applies to beer, carbonated soft drinks and non-carbonated beverages, "noncarbonated beverages" means water, including flavored water, nutritionally enhanced water and any beverage that is identified through the use of letters, words or symbols on such beverage's product label as a type of water, but excluding juice and mineral water. Beverage container types include bottles, jars, or cartons made from glass, metal, or plastic.
- Hawaii, Solid Waste Management Deposit Beverage Container Law. Enacted in June 2002. In addition, Hawaii charges a nonrefundable 1¢ fee per container to fund the program. This fee increases to 1.5¢ if the redemption rate reaches 70%. Containers of aluminum, bi-metal, glass, plastic up to. All non-alcoholic beverage, beer, malt, mixed spirits, and wine. Seventy-six percent redemption rate.
- Iowa, Beverage Container Deposit Law 1978. Beverages of beer, wine coolers, wine, liquor, soda pop, mineral water. Bottles, cans, jars, or cartons made of glass, plastic, or metal.
- Maine, Maine Returnable Beverage Container Law 1978. All potable liquids, except dairy and unprocessed cider. All glass, metal, or plastic containers or smaller.
- Massachusetts Bottle Bill:, Beverage Container Recovery Law enacted in 1982. Beverages include beer, malt, soda, mineral water in jars, cartons, bottles, or cans made of glass, metal, plastic, or a combination. The redemption rate of covered containers is 72.3%, though due to an increase in sales of non-carbonated beverages, over 30% of beverage containers sold are not covered and are recycled at a much lower rate.
- Michigan —Michigan Beverage Container Act of 1976. For beverages of beer, pop, carbonated and mineral water, wine coolers, canned cocktails. In containers made of metal, glass, paper, or plastic under. Ninety-seven percent redemption rate. Escheated deposits are divided as: 75% to State Cleanup and Redevelopment Trust Fund, 25% returned to retailers. Redemption limit per person, per day, is $25 in deposits.
- New York, New York State Returnable Container Law 1982. For containers under one gallon, that held carbonated beverages or water Beverages include beer, malt beverages, soda, juice spritzers containing added water or sugar, wine product, and bottled water without added sugar. Hard cider and wine are exempt from the deposit, whether or not they are carbonated. Container types are metal, glass, paper, plastic or a combination under. Overall redemption rates as of 2007 were 66%; 76% for beer, 56.6% for soda, and 64.7% for wine product. Redemption limit is 240 containers per person, per day, but this can be circumvented by notifying the business at least 48 hours in advance, in which case the business is compelled to take any amount. As of March 2010, all business which sell beverages in beverages containers for consumption off site and are part of a chain of businesses of 10 or more under common ownership are required to install 3–8 reverse vending machines on their premises depending on area of the business. was passed
- Oregon, the Oregon Bottle Bill passed in 1971. Covered beverages carry a mandatory refund value, which means a redemption value must be paid upon presentation of containers, however, retailers are not required to charge the deposit.
- Vermont, Beverage Container Law 1973. Includes beer, malt, soda, mixed wine drinks, liquor. Containers included are bottles, cans, jars, or cartons composed of glass, metal, paper, plastic, or a combination. Redemption rate is 85%.
2020 COVID-19 pandemic
Repealed legislation
- Delaware, Beverage Container Regulation 1982 . Included beer, malt, ale, soft drinks, mineral water, soda water, and covered all containers under . Container deposit legislation was repealed by Senate Bill 234. As of December 1, 2010, consumers no longer paid a deposit on containers; no refunds were paid after February 1, 2011.
Washington state had Washington Beverage Container Deposit on November 6, 1979 ballot as Initiative 61. Had it passed it would have established a minimum 5¢ deposit. However, measure was defeated with 57.63% voters rejecting the proposition.
Container deposit motivated criminal offenses
Numerous instances of criminal offenses have occurred motivated by the cash refund value of empty containers.Such as theft of cases of water from a retail store, burglary into a concession stand, welfare fraud and theft of bagged empties from a private residence. In Salem, Oregon, Douglas McKay High School athletic concession stand was burgled where approximately ten 24 pack cases of beverages were emptied inside the building and empty containers stolen. The vice president of the club suggested the thieves committed the crime for the purpose of returning empties for cash at the BottleDrop facility nearby. A Medford, Oregon woman was charged with theft of $40 worth of bottled water from Albertsons. A video of the same woman dumping the empty bottles at the BottleDrop facility operated by the Oregon Beverage Recycling Cooperative have circulated on the internet. A parolee from Wayne County, Michigan was charged with illegal exchange/sale of items purchased on food stamps following a purchase of 1,000 bottles of bottled water on food stamps and dumping them out to cash out on the container deposit. A machete wielding male subject was observed taking a bag of empty cans set aside on the porch in front of house and was confronted by a neighbor in Medford.
Proposed legislation
unsuccessfully attempted to introduce a bottle bill into legislation in 2011. The bill set a redemption goal of 75%, with a deposit rate of 10¢ for containers or less, and 15¢ for larger containers. Beverages covered would have been: beer, malt, carbonated soft drinks, mineral water, wine, coffee, tea, juices, flavored waters, and non-carbonated waters. Containers made of glass, plastic or aluminum containing a beverage of or less would have been covered. The Texas bottle bill did not gather enough votes.Tennessee had attempted to pass the Tennessee Bottle Bill in 2009 and 2010, which was projected to increase its recycling rate from 10% to 80%.
The Massachusetts legislature failed over several sessions to expand its bottle law to cover bottled water and sports drinks in line with its New England neighbors. Massachusetts environmental activists attempted a ballot petition in November 2014. The bill failed 27% to 73%. The beverage industry funded over 80% of a more than $9 million campaign, which outspent environmental groups by a margin of more than 6 to 1.