1305 Beverage Container Regulations
1.0 Definitions
“Beverage” shall mean any mineral waters (but not including naturally sparkling mineral waters), soda waters or any other carbonated beverage not containing alcohol that is commonly known as a “soft drink” and any beer, ale or other malt beverage containing alcohol.
“Beverage Container” means any airtight nonaluminous container containing less than 2 quarts of a beverage under pressure of carbonation.
“Biodegradable Material” means material capable of being readily decomposed by biological means, especially by bacterial action, into basic components, and the material shall not include metal inhibitors.
“Brand” means the designation of product as determined by a unique trademark.
“Certified as Refillable” shall mean that for each refillable beverage container offered for sale in the State of Delaware, the distributor of said beverage container shall submit to the Department in writing the notarized signature of the distributor and a statement by the distributor setting forth the following: a description of the refillable beverage container including its brand, size, kind and the strength characteristics of the beverage container, and also a statement that the beverage container is in fact refillable by a normal bottling process. The information provided in a notarized statement of the distributor may be obtained from other sources (such as the manufacturer) in which case, the name, address and the documentation obtained from the other source must also be provided.
“Consumer” means any person who purchases a beverage in a beverage container for final use or consumption.
“Dealer” means any person who engages in the sale of beverages in beverage containers to a consumer and shall include groups of retailers or retail chains, and vending machine dealers.
“Department” shall mean the Department of Natural Resources and Environmental Control or its successor agency.
“Deposit” means the sum paid to the distributor by the dealer or to the dealer by the consumer when beverages are purchased in returnable beverage containers, and which is refunded when the beverage container is returned.
“Distributor” means any person who engages in the sale of beverages in beverage containers to a dealer including any manufacturer who engages in such sale.
“Kind” means the composition of a beverage container, such as plastic, glass, aluminum and/or any other type of metal.
“Manufacturer” means any person who bottles, cans, packs or otherwise fills beverage containers for sale to distributors or dealers.
“Member” means a dealer who is serviced by or participating in a permitted redemption center.
“Metal” means any of a class of chemical elements and/or a combination thereof, such as aluminum, steel, etc., generally characterized by ductility, malleability, luster and conductivity of heat and electricity.
“Nonaluminous” means that material which is not made of 100% aluminum.
“On-Premise Sales” means sales transaction in which beverages are purchased by a consumer for immediate consumption within the area under control of the dealer.
“Photodegradable Material” means material that will decompose under exposure to certain kinds of radiant energy, especially ultraviolet light, into basic components.
“Recycling” means the process of sorting, cleansing, treating and reconstituting discarded materials for the purpose of reusing the materials in the same or altered form.
“Redemption Center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container for which a deposit was required pursuant to these regulations.
“Refillable Beverage Container” means a beverage container that has been certified as refillable by the distributor.
“Refund” means the sum, equal to the deposit, that is given to the consumer or the dealer or both in exchange for empty returnable beverage containers.
“Returnable Beverage Container” means a beverage container for which a refund or equal value is payable upon return, whether such container is refillable or not. This definition and these regulations shall not apply to any beverage container which is capable of containing 64 or more ounces of beverage.
“Size” means the liquid content of a beverage container, such as 500 ml., 2 liter, etc.
“Type” means the physical design or construction of a beverage container, such as a flip top container.
2.0 Effective Date of Regulations
2.1 These regulations, except for §3.1 and §11.1 (c) shall become effective on January 15, 1983, or one hundred and eighty (180) days after the date the General Assembly appropriates funds necessary for implementing 7 Del.C. Ch. 60, Subchapter III, whichever date is later. §3.1 of these regulations shall become effective on November 15, 1982 or one hundred and twenty (120) days after the General Assembly appropriates funds necessary for implementing 7 Del.C. Ch. 60, Subchapter III, whichever date is later.
§11.1(c) of these regulations shall become effective on July 14, 1983, or one year after the General Assembly appropriates funds necessary for implementing 7 Del.C. Ch. 60, Subchapter III, whichever date is later.
On the date specified by the General Assembly, when the word “nonaluminous” shall be omitted from the Delaware Beverage Container Law, the word “non-aluminous” shall be omitted from all sections of these regulations.
3.0 Use of Returnable Beverage Containers
3.1 Any beverage in a beverage container sold or offered for sale in this state by a distributor shall be in a returnable beverage container.
3.2 Any beverage in a beverage container sold or offered for sale in this state by a dealer shall be in a returnable beverage container.
3.3 A dealer shall not procure beverages in beverage containers from distributors who refuse to accept from the dealer any returnable beverage containers of the kind, size and brand sold by the distributor in the State of Delaware and pay to the dealer the refund value of the beverage container.
3.4 Dealers shall inform consumers that beverages are sold in returnable beverage containers by placing a prominent sign and/or a shelf label in close proximity to any sales display of beverages offered for sale in returnable beverage containers. Such a sign or label shall indicate the amount of deposit required for each beverage container and that all beverage containers are returnable.
3.5 No person under twenty (20) years of age shall return any beverage container that has been used to contain beer, ale or other malt beverage containing alcohol, to any redemption center which as part of its business is engaged in the selling of alcoholic beverages.
4.0 Deposits
4.1 The manufacturer or the distributor shall set a deposit of not less than five cents for each beverage container sold in the State of Delaware. The consumer shall pay a deposit of not less than five cents on each beverage container sold at the retail level, and the amount of this deposit shall be refunded upon return of the empty beverage container to a dealer or redemption center.
4.2 The manufacturer or the distributor may develop a schedule of deposits varying according to the size and type of the containers involved.
4.3 A deposit shall not be required by the dealer for on-premise sales if the empty beverage containers are returned to the dealer by the consumer.
5.0 Labeling
5.1 Every beverage container sold or offered for sale in Delaware shall clearly and legibly indicate by embossing, imprinting, stamping or other method in not less than one-quarter inch type size the words “Delaware 5˘” or “DE 5˘.” If the refund value is more than five cents, the greater value shall be indicated, e.g., “Delaware 10˘”. In the case of a nonaluminous metal beverage container, the words described above shall be indicated on the top of the container.
5.2 Any beverage containers which are certified as refillable by the distributor, are exempt from the labeling requirements of §5.1 above. This in no way exempts the beverage container from any other provision of 7 Del.C. Ch. 60, Subchapter III, and these regulations.
6.0 Refund Procedures
6.1 A dealer within the State of Delaware, shall accept from a consumer any empty beverage container of the type, kind, size, and brand sold by the dealer within the State of Delaware, and pay the consumer the refund value on the appropriately labeled returnable beverage container, except as provided for in §§4.3, 6.2, 6.3, 6.4 and 7.2 of these regulations.
6.2 A dealer, redemption center or distributor may refuse to refund deposits on beverage containers which are broken or unclean or not empty, as specified in Section 8 below.
6.3 A dealer or redemption center may refuse to accept beverage containers from any person who attempts to return one hundred and twenty (120) or more beverage containers at the same time, or within a one (1) week period.
6.4 A delealer may refuse to refund deposits on beverage containers if that dealer participates in a permitted redemption center or centers in the vicinity of the dealer’s location, which serve the public need, and the dealer has been issued a certificate by the Department pursuant to §10.8 below.
6.5 A dealer or a redemption center upon redeeming beverage containers shall be reimbursed by the manufacturer or distributor of such beverage containers in an amount which is at least 20 percent of the deposit returned to the consumer in addition to the refund.
7.0 Beverage Container Vending Machine Procedures
7.1 The owner of any beverage container vending machine located within the State of Delaware, or his designee, shall be considered a vending machine dealer for the purposes of these regulations.
7.2 For purposes of this section the beverage container vending machine dealer may consider a sale of a beverage in a beverage container from his vending machine as either an on-premise sale whereby the provisions of §4.3 of these regulations shall apply, or as a sale requiring a deposit as governed by §4.1 of these regulations.
7.3 If a deposit is required under the provisions of §7.2 and §4.1 above, the vending machine dealer shall post a sign on or near the vending machine that informs any consumer of the manner in which the deposit shall be paid (e.g., included in the beverage purchase price, or to be paid directly to the vending machine dealer).
7.4 If a deposit is required under the provisions of §7.2 and §4.1, the vending machine dealer shall post a sign informing any consumer of the name, location and hours of operation of the dealer or redemption center that will accept empty beverage containers purchased at the vending machine for refund.
8.0 Intactness of Returnable Beverage Containers
8.1 In order to be returnable, an empty beverage container must be returned intact except as provided herein. For a refillable glass beverage container, the container must be able to hold liquid, be able to be resealed, be in its original shape and not be chipped or cracked. A nonrefillable glass beverage container may be chipped, but it may not have the bottom broken out or the neck broken off. A nonaluminous metal beverage container may be dented or partially crushed, but may not be crushed flat. A returned beverage container should be able to stand on its own base. If a beverage container does not satisfy the above criteria, a dealer, redemption center or distributor may refuse to accept the beverage container.
8.2 Consumer should take care to return beverage containers in a reasonably clean condition. In order to be returnable, an empty beverage container shall be free of materials, such as paper, sticks and cigarette butts, other than the residue of the beverage.
8.3 Returnable beverage containers shall be empty. If a beverage container contains any material including a free flowing liquid, then the beverage container is not returnable.
9.0 Requirements for Redemption Centers and Members
9.1 Any dealer, distributor, manufacturer, person or any combination thereof may establish a redemption center subject to the approval of the Department.
9.2 Application for the permitting of a redemption center shall be filed with the Department pursuant to §§10.1, 10.2 and 10.3.
9.3 The Department shall issue a permit to a redemption center if it finds that the redemption center will provide a convenient service to persons for the return of empty beverage containers.
9.4 Redemption centers shall be open for business a reasonable number of hours per week, taking into consideration the volume of returns and population near the redemption center in question. Redemption centers shall post the hours they are open for business in a conspicuous place.
9.5 Members serviced by or participating in a redemption center that has been permitted by the Department shall post in a conspicuous place a certificate issued by the Department, in accordance with §10.6, indicating the name, location and hours of operation of the redemption center serving them.
9.6 The Department may revoke a permit for a redemption center at any time, as described in §10.6.
9.7 A redemption center may also accept for reuse or recycling, materials other than beverage containers, in which case the center will be subject to the Delaware Solid Waste Disposal Regulation, §3.06(d)(7) in addition to these regulations.
10.0 Permitting of Redemption Centers/certification of Members
10.1 All redemption centers shall obtain a permit from the Department. Said permit shall not be transferable.
10.2 A nonrefundable fee of $50.00 shall accompany each application.
10.3 Applications shall be made on the Department form entitled “Application for Redemption Center Permit”, and all applicants shall supply the information requested therein.
10.4 The Department will issue a permit for a redemption center if it finds that the redemption center will provide a convenient service for the return of empty beverage containers. The permit for a redemption center shall state the names of all members participating in the center, and the kind, size and brand names of the empty beverage containers which the redemption center shall accept.
10.5 The Department may review and amend any redemption center permit at any time to ensure that the conditions stated therein are consistent with existing State regulations and laws.
10.6 After the Department has given written notice to the person responsible, for the establishment and operation of any redemption center, the Department may, after public hearing, withdraw the permit from the center if it determines that the redemption center has not been in compliance with any provision in the permit, or if it finds that the redemption center no longer provides a convenient service to the public. Any public hearing conducted pursuant to this section shall be in accordance with the provisions set forth in 7 Del. C. §6006.
10.7 A redemption center shall apply to the Department for approval of any additional member to be served by the redemption center, after the existing permit has been issued. The Department’s decision shall be made according to the criteria set forth in §10.4 above.
10.8 The Department shall issue certificates for each member participating in a permitted redemption center. The redemption center shall be responsible for obtaining a certificate for each of its members from the Department at the time a redemption center permit is issued, or at the time the Department approves the addition of any members. Members shall display their certificates as specified in §9.5 above.
11.0 Prohibitions
11.1 No beverage shall be sold or offered for sale at retail in this state:
11.1.1 In a metal container designed and constructed so that part of the container is detachable in opening the container.
11.1.2 In containers connected to each other with plastic rings or similar devices which are not classified as biodegradable or photodegradable by the Department.
11.1.3 In a glass beverage container which is not recyclable or certified as refillable, after July 14, 1983, or one year after the General Assembly appropriates the funds necessary for carrying out the provisions of 7 Del.C. Ch. 60, Subchapter III, whichever date is later.
Please note: The DNREC regulations provided on this web site are not a complete list DNREC’s regulations. The State Registrar of Regulations, working in conjunction with DNREC, is working toward populating this site over time with all of DNREC’s regulations, however this effort will not be complete until sometime in 2008. In the meantime, please refer to DNREC’s website for a more complete listing of DNREC’s regulations. DNREC’s website can be reached through the following link http://www.dnrec.state.de.us/DNREC2000/Rules.asp
