HB1570 - Indiana

Containers, Retail Merchants  

  • Deposit on beverage containers. Requires returnable beverage containers to be used beginning in 2010. Requires a ten cent refundable deposit on each of these containers. Allows manufacturers or distributors to be the originator of the deposit. Requires retailers to make cash refunds to consumers. Requires distributors to make cash refunds to retailers. Requires an originator of deposits to file a deposit report with the state and pay any excess deposits it collects. Provides that deposits that escheat to the state are to be used to compensate retailers for taking returns, to cover administrative costs of the state, and to provide revenue to the Indiana heritage trust fund. Provides that the department of state revenue is the administrator of the program. Imposes a penalty for a general violation of the law of not less than $100 and not more than $1,000 plus costs and attorney fees associated with a civil action filed to collect the penalty. Provides that a person that returns or attempts to return nonreturnable containers commits either: (1) a Class C infraction if it involves at least 25 but not more than 100 nonreturnable containers; or (2) a Class C misdemeanor if it involves more than 100 nonreturnable containers or is a second or subsequent violation. Requires that the person must also pay the amount of loss caused to the retailer by the violation. Requires retailers to post a sign setting forth these penalties.
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