Deposits

(1) Capacity of the Container. Every beverage container with a capacity of less than two gallons shall have a refund value of not less than 5¢. The provisions of 301 CMR 4.04 shall not apply to such containers sold by a distributor for use by a common carrier in the conduct of interstate passenger service. (2) Deposit with Dealer. Except as provided in 301 CMR 4.04(3), every consumer shall deposit with the dealer the refund value of each beverage container purchased from that dealer. (3) On-premise Sales. A restaurateur may, but is not required to, collect a deposit from a customer for on-premise sales. A restaurateur who sells beverages in containers only for on-premise consumption may, but is not required to, redeem beverage containers for the public.