§ 22a-244 — (Formerly Sec. 22a-78). Beverage containers: Refund value; exceptions; labeling and design requirements.

Connecticut § 22a-244

• Jurisdiction: Connecticut
• Title 22a: Environmental Protection
• Ch. 446d: Solid Waste Management

Text

(a)(1) Every beverage container containing a carbonated beverage sold or offered for sale in this state, except for any such beverage containers sold or offered for sale for consumption on an interstate passenger carrier, shall have a refund value. Such refund value shall not be less than ten cents and shall be a uniform amount throughout the distribution process in this state. (2) Every beverage container containing a noncarbonated beverage sold or offered for sale in this state shall have a refund value, except for beverage containers containing a noncarbonated beverage that are (A) sold or offered for sale for consumption on an interstate passenger carrier, or (B) that comprise any dealer's existing inventory as of March 31, 2009. Such refund value shall not be less than ten cents and shall be a uniform amount throughout the distribution process in this state. (b) Every beverage container sold or offered for sale in this state, that has a refund value pursuant to subsection (a) of this section, shall clearly indicate by embossing or by a stamp or by a label or other method securely affixed to the beverage container (1) either the refund value of the container or the words “return for deposit” or “return for refund” or other words as approved by the Department of Energy and Environmental Protection, and (2) either the word “Connecticut” or the abbreviation “Ct.”, provided this subdivision shall not apply to glass beverage containers permanently marked or embossed with a brand name. The provisions of this subsection shall not apply to any beverage container that comprises any dealer's inventory as of December 31, 2022, provided such beverage container was not required to have a refund value as of such date pursuant to the provisions of section 22a-243 and this section. Nothing in this subsection shall be construed to prohibit the sale or offering for sale of any beverage container that is embossed, stamped, labeled or otherwise affixed with a refund value of five cents, provided such beverage container comprises any dealer's or distributor's inventory as of December 31, 2023. (c) No person shall sell or offer for sale in this state any metal beverage container (1) a part of which is designed to be detached in order to open such container, or (2) that is connected to another beverage container by a device constructed of a material which does not decompose by photodegradation, chemical degradation or biodegradation within a reasonable time after exposure to the elements. (d) On and after January 1, 2024, each beverage container sold or offered for sale in this state that has a refund value pursuant to subsection (a) of this section, shall include a Universal Product Code and barcode. Each deposit initiator shall provide such Universal Product Code and barcode, with packaging information, to the reverse vending machine system administrators and other system operators, not less than thirty days prior to placement of any such beverage container on the market.

Legislative History

(P.A. 78-16, S. 2, 6, 7, 10; P.A. 79-139, S. 1, 2; P.A. 80-95, S. 3; P.A. 84-30; 84-121, S. 2; P.A. 97-124, S. 12, 16; P.A. 09-2, S. 18; P.A. 11-80, S. 1; P.A. 21-58, S. 2; Nov. Sp. Sess. P.A. 22-1, S. 8, 9; P.A. 23-76, S. 2.) History: P.A. 78-16 effective January 1, 1980; P.A. 79-139 allowed “return for deposit” or “return for refund” on container rather than refund value and excluded from provisions of Subsec. (b)(2) glass containers permanently marked or embossed with a brand name; P.A. 80-95 added exception re beverage containers sold or offered for sale for consumption on interstate passenger carriers; Sec. 22a-78 transferred to Sec. 22a-244 in 1983; P.A. 84-30 amended Subsec. (c) by adding provision requiring that beverage container holders be constructed of a material which decomposes within a reasonable time after exposure to the elements; P.A. 84-121 amended Subsec. (a) by adding provision requiring the refund value to be uniform throughout the distribution process; P.A. 97-124 amended Subsec. (b) to eliminate type size requirement for refund value information on containers, effective June 6, 1997; P.A. 09-2 amended Subsec. (a) by designating existing provisions as Subdiv. (1) and adding Subdiv. (2) re noncarbonated beverages, and made a conforming change in Subsec. (b), effective April 1, 2009; pursuant to P.A. 11-80, “Department of Environmental Protection” was changed editorially by the Revisors to “Department of Energy and Environmental Protection” in Subsec. (b)(1), effective July 1, 2011; P.A. 21-58 amended Subsec. (a) by increasing refund value from 5 cents to 10 cents and adding Subsec. (d) re Universal Product Code and barcode requirement, effective January 1, 2024; Nov. Sp. Sess. P.A. 22-1 amended Subsec. (b) to add provision authorizing the sale of dealer inventory without such labeling requirement for dealer inventory as of December 31, 2022, effective November 29, 2022; P.A. 23-76 amended Subsec. (b) to add provision re authorization to sell containers labeled with refund value of 5 cents if such container was part of dealer's or distributor's inventory as of December 31, 2023, effective January 1, 2024. Plaintiffs did not have a vested property interest in unclaimed deposits attributable to the period from December 1, 2008, through March 31, 2009, and, accordingly, the provision in P.A. 09-1 that all unclaimed deposits accruing during that period must be paid to the state does not rise to the level of an unconstitutional taking of property. 309 C. 810.