Refunds and Acceptance of Empty Beverage Containers

(1) Dealer's Obligations. Except as provided in 301 CMR 4.03(2)(c), a dealer shall accept from any person during all of his business hours any empty beverage container of the type, size, and brand sold by the dealer within the past 60 days and shall pay that person the refund value as indicated on each beverage container returned. In the event that a dealer discontinues the sale of any beverage and beverage container of the type, size, and brand sold by such dealer within the past 60 days, such dealer shall clearly post in a visible location on his premises a notice that empty beverage containers of that type, size, and brand will no longer be accepted by such dealer after the expiration of 60 days. (2) Distributors' Obligations. Except as provided in 301 CMR 4.05(5) and 4.03(2)(c), a distributor shall accept from any dealer any empty beverage container of the type, size, and brand sold by the distributor within the past 60 days, and shall pay the dealer the refund value of the beverage container as indicated thereon plus a handling fee of 02.25¢ per container. Acceptance of beverage containers from dealers shall be the responsibility and expense of distributors, and shall not be made less convenient and easy for dealers than acceptance at the time of delivery of filled containers. If the dealer pays cash upon the purchase of filled beverage containers, any refund value plus handling fee due that dealer with respect to empty beverage containers returned at the time of such purchase for cash shall be paid by the distributor within 15 days of receipt of such empty beverage containers or by the fifth business day of the month following receipt of such empty beverage containers. In the event that a distributor discontinues the sale of any beverage and beverage container of the type, size, and brand sold by such distributor within the past 60 days, such distributor shall clearly provide notice to all dealers with whom he conducts business that empty beverage containers of that type, size, and brand will no longer be accepted by such distributor after the expiration of 60 days. (3) Bottlers' Obligations. Except as provided in 301 CMR 4.05(5) and 4.03(2)(c), a bottler shall accept from a distributor or a dealer, any empty reusable beverage container of the type, size, and brand sold by the bottler within the past 60 days and shall pay the distributor or dealer the refund value of the reusable beverage container as indicated thereon plus a handling fee of at least 1¢ per container if the empty reusable container is presented at the time and at the location where the distributor or dealer obtains filled reusable beverage containers from the bottler; provided, however, that a bottler other than a bottler of soft drinks manufacturing in the Commonwealth who offers to refund deposit is in accordance with 301 CMR 4.05, shall not require a distributor to pay the bottler a deposit for a beverage container which is not reusable, nor shall a bottler require of a distributor that beverage containers which are not reusable, be presented to the bottler at the location where the distributor obtains filled beverage containers. In the event that a bottler discontinues the sale of any beverage and beverage container of the type, size, and brand sold by such bottler within the past 60 days, such bottler shall clearly provide notice to all distributors and dealers with whom he conducts business, that empty beverage containers of that type, size, and brand will no longer be accepted by such bottler after the expiration of 60 days. (4) Rights of Redemption Centers. Except as provided in 301 CMR 4.03(2)(c), and 4.05(5), a distributor shall accept from any redemption center any empty beverage container of the type, size, and brand sold by the distributor within the past 60 days, and shall pay the redemption center the refund value of the beverage container as indicated thereon plus a handling fee. The handling fee shall be 3.25¢ per beverage container. Any amount due a redemption center shall be paid by the distributor within 15 days of receipt of empty beverage containers or by the fifth business day of the month following receipt of empty beverage containers. In the event that a distributor discontinues the sale of any beverage and beverage container of the type, size, and brand sold by such distributor within the past 60 days, such distributor shall clearly provide notice to all redemption centers with whom he conducts business that empty beverage containers of that type, size, and brand will no longer be accepted by such distributor after the expiration of 60 days. (5) Permissive Refusal. (a) Condition of the Beverage Container. A bottler, dealer, distributor or redemption center may refuse to accept for redemption a beverage container which is not in acceptable condition. 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 to be acceptable. A nonrefillable glass beverage container may be chipped, but it may not have the bottom broken out or the neck broken off to be acceptable. Metal cans and plastic bottles must be easily identifiable and reasonably intact to be acceptable. (b) Filth in the Beverage Container. A bottler, dealer, distributor or redemption center may refuse to accept a container which is not in a reasonably clean condition. An empty beverage container shall be free of foreign materials, such as paper, sticks, and cigarettes. (c) Liquid in the Beverage Container. A bottler, distributor, dealer, or redemption center may refuse to accept beverage containers that are not empty. A beverage container is not empty if it holds a liquid in any significant amount. (d) Vending Machine Exemption. An operator of vending machine(s) who sells beverages in containers only in vending machine(s) may refuse to accept beverage containers for redemption if he has posted a conspicuous notice on each vending machine indicating that a refund of not less than $.05 is available on each container purchased and where and from whom the refund may be obtained. (6)(a) Altered Metal Cans. In addition to the permissive refusal rights granted to dealers in 301 CMR 4.05(5), a dealer may refuse to accept a metal can which is substantially altered from its original shape. (b) Unreasonable Numbers of Beverage Containers. A dealer may refuse to accept more than 120 beverage containers from any one person during a 24 hour period.