Management of Beverage Containers Act

Management of Containers Act

SAINT LUCIA

No. of 2008

A

BILL

ENTITLED

AN ACT to provide for the return of containers in exchange for the payment of a cash refund and for related matters.

BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as follows:

PRELIMINARY

Short title and commencement

1. (1) This Act may be cited as the Management of Containers Act 2008.

 (2) This Act shall come into force on a day to be fixed by the Minister by Order published in the Gazette.

Interpretation

2. In this Act –

“Authority” means the Saint Lucia Solid Waste Management Authority established pursuant to section 3 of the Waste Management Act 2004, No. 8;

“bottler” means any person bottling, canning or otherwise filling containers for sale to vendors or consumers;

“consumer” means any person who purchases a commodity in a container for personal use or consumption;

“container” means any sealable bottle, can, jug or carton that is primarily composed of glass, metal, plastic, paper or any combination of those materials and is produced for the purpose of containing a commodity and which is specified in the First Schedule;

“deposit levy” means the levy charged and collected pursuant to section 7;

“Fund” means the proceeds obtained from the deposits and other fees levied under this Act less any disbursements made pursuant to this Act;

 “governmental entity” means

“importer” means any person who imports filled containers;

“Minister” means the Minister responsible for the environment except where another Minister is designated;

 “person” includes a body corporate or an unincorporated body;

“recycle” means to separate and collect from the waste stream and process for utilization in a useful product in so far as is reasonably feasible and includes the process of sorting, cleansing, treating and reconstituting empty beverage containers for the purpose of using the altered form, but does not include merely shredding, stripping, compressing, storing, landfilling with or disposing of empty beverage containers;

 “refill” means to reuse without remanufacturing;

“returnable container” means any container which is returned or resold by buyers of the contents for reuse by the packers, bottlers or sellers of the commodities contained in it;

“reusable container” means any container so designed and constructed that it is structurally capable of being refilled with beverage and resold by a bottler at least ten times after its initial use;

 “stewardship plan” means a plan referred to in section 31;

“vending machine” means a machine which sells various sancks, beverages and other products to consumers in containers;

“vendor” means any person who sells or offers to sell a commodity in a container to consumers, including any operator of a vending machine any bottler or importer who engages in such sales.

Objects and purposes

3. (1) The objects and purposes of this Act are –
(a) to ensure that a bottler, importer, vendor and consumer pays the external costs of the containers;

(b) to create incentives for the manufacturers, vendors and consumers of beverages to reuse beverage containers;

(c) to reduce the generation costs of solid wastes, waste disposal and recycling;

(d) to reduce litter and litter related costs and hazards;

(e) to conserve natural resources; and

(f) to preserve the amenity of the environment and enhance the quality of life.

 (2) In this section, “external costs” means the negative impact which the consumption of goods sold in a returnable container has on society.

Application

4. (1) The provisions of this Act shall not apply to containers sold by a bottler or vendor for use by a carrier in the conduct of international passenger service.

 (2) In this section –

“carrier” includes any person who uses any vessel or aircraft to carry passengers by sea or by air exclusively or partly for profit;

“international passenger service” means the carriage of passengers on a voyage or flight that originates at a port or airport in Saint Lucia and terminates in another country or originates in another country and terminates at a port or airport in Saint Lucia;

“passenger” means any person, other than a member of the crew, carried by any vessel or aircraft.

PART I
ADMINISTRATION

Administration of Act

5. The Authority is responsible for the administration of this Act and, in exercise of its powers and in the performance of its duties, may do all things necessary or convenient for securing the objects and purposes set out in section 3.

Functions of Authority

6. (1) Notwithstanding any other law, the Authority shall –

(a) continuously review the effectiveness of the measures adopted under this Act in meeting the objects of this Act;

(b) provide advice to the Minister of Finance with respect to the economic impact of any charges set or imposed by or under this Act and any increase or decrease in these charges;

(c) assist bottlers, vendors, the operators of collection depots and recyclers to comply with and benefit from the provisions of this Act whenever possible;

(d) perform any other function that is assigned under this Act.

 (2) In carrying out its functions under this Act, the Authority may solicit and use any expertise available in any other governmental entity and, where any other governmental entity performs functions related to the functions of the Authority under this Act, the other governmental entity shall collaborate with the Authority in carrying out its functions under this Act.

 
PART II
REGISTRATION OF COLLECTION DEPOT

Restriction on collection depot

7. (1) A person shall not establish and operate a collection depot to which consumers may return empty containers unless that person is registered under this Act to do so.

 (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of five thousand dollars or six months imprisonment.

Application for registration

8. A person who wishes to establish and operate a collection depot may apply for registration by submitting to the Authority an application in the prescribed form accompanied by the prescribed fee.

Registration of collection depot

9. (1) Upon application in accordance with this Act, the Authority shall register the collection depot.

 (2) Before registering any collection depot, the Authority may, if it deems it necessary, require the collection depot to be examined for the purpose of ensuring that it is of such construction and in such condition as may be necessary for the purpose for which registration of the collection depot is sought.

Conditions of registration 

10. The Authority shall in registering the collection depot ensure that the collection depot meets conditions stipulated in the Waste Management Act 2004, No. 8 or any other law in Saint Lucia.

Issue of registration number

11. Upon registration of the collection depot, the Authority shall issue a registration number.

Period of validity

12. The registration of a collection depot is valid for a period of two years until cancelled under section 13.

Cancellation and suspension of registration

13. The Authority may cancel or suspend registration if the operator or owner contravenes any provision of this Act.

Duty to keep a Register

14. The Authority shall keep and maintain a Register of all collection depots registered under this Act.

Duty to give access

15. (1) Upon application, the Authority shall supply information contained in the Register to any person who satisfies the Authority that he or she has reasonable cause for requesting the information.

 (2) The Authority shall charge the prescribed fees for supplying information under this section.

Grant or incentive

16. A person who operates a collection depot may apply for a grant or incentive payable out of the Fund under section  .

PART III

MANAGEMENT OF CONTAINERS

Division I
Imported Containers

Deposit levy on imported containers

17. (1) There shall be charged and collected on every empty or filled container imported into Saint Lucia a levy to be known as a deposit levy, at the rate specified in the Second Schedule.

 (2) The deposit levy shall be due and payable by the importer at the point of entry of the empty or filled container into Saint Lucia.

Charge of deposit levy

18. (1) The deposit levy shall be charged as if it is a duty of customs within the meaning of the Customs (Control and Management) Act, Cap. 15.05.

 (2) The provisions of the Customs (Control and Management) Act, Cap. 15.05 relating to:

(a) the payment, collection and recovery of duties; and

(b) offences and penalties;
apply with the necessary changes to the payment, collection and recovery of the deposit levy and to the contravention of this Act.

Paying over of deposit levy

19. The deposit levy collected pursuant to section 9 shall be paid into the Fund managed by the Authority.

Refund of deposit levy

20. An importer who has paid a deposit levy on an empty or filled  container imported into Saint Lucia shall be granted a refund specified in the Second Schedule from the Fund of the amount paid if that importer satisfies the Authority that the imported beverage container has within six months from the date of payment of the deposit levy been:

  (a) re-exported, empty or filled; or

(b) otherwise disposed or managed in a manner that is acceptable to the Authority.

 


Division II
Non-returnable Containers

Advanced disposal fee

21. (1) A bottler may charge and collect on every non-returnable container, a fee to be known as an advanced disposal fee at the rate specified in the Third Schedule.

 (2) The advanced disposal fee, though charged on each container filled with a commodity at the time of the initial sale, except for export, shall be computed in respect of each month and become due and payable to the Authority by the bottler on or before the fifteenth day of the month after the month in which the commodity was sold.

 (3) Where any advanced disposal fee remains unpaid by a bottler after the date on which payment is due, the Authority may charge interest, at the prime lending rate prevailing on the day on which the payment was due, on the unpaid sum for the period between the date on which the payment was due and the date of payment.

Collection of advanced disposal fee

22. (1) The Authority is responsible for the collection of the advanced disposal fee.

 (2) The Authority may at any time employ or retain the services of any agent or contractor, including but not limited to any other governmental entity, to carry on its functions under subsection (1), at such remuneration and subject to such terms and conditions, as the Board may determine.

Paying over of advanced disposal fee

23. The advanced disposal fee collected pursuant to section 21 shall be paid into the Fund.


Refund of advanced disposal fee

24. (1) A bottler who has paid an advanced disposal fee on a non-returnable container filled with a commodity in Saint Lucia shall be granted a refund specified in the Third Schedule from the Fund of the amount paid if that bottler satifies the Authority that the filled non-returnable container has been exported from Saint Lucia within six months from the date of payment of the advanced disposal fee.

 (2) Every non-returnable container filled with a commodity in Saint Lucia shall have a salvage value of the amount specified in the Third Schedule.

 (3) A person who is the holder of a licence to operate a waste handling facility granted under the Waste Management Act who satisfies the Authority that the licensee has paid to any person the salvage value for the redemption of empty non-returnable containers, which the licensee has disposed of in accordance with the terms and conditions of the licence, shall be granted a refund from the Fund not exceeding an amount equivalent to the amount of the advanced disposal fee paid.


 
Division III
Returnable Containers
Deposits

25. (1) A person who sells a commodity in a returnable container, at wholesale or at retail, shall collect from the purchaser, at the time of sale, a deposit in the amount specified in the Fourth Schedule.

 (2) Subsection (1) does not apply where a vendor sells a commodity in a container to a consumer for consumption on the premises of the vendor and –

  (a) the commodity is consumed on those premises; and

(b) the empty container is retained by or returned to the vendor on those premises when the commodity has been consumed.

Collection of deposits

26. (1) The Authority is responsible for the collection of the deposits.

 (2) The Authority may at any time employ or retain the services of any agent or contractor, including but not limited to any other governmental entity, to carry out its functions under subsection (1), at such remuneration and subject to such terms and conditions as the Board may determine.

Paying over of deposits

27. The deposits collected under section 26 shall be paid into the Fund.

Acceptance of returnable containers

28. (1) A vendor shall accept during ordinary business hours at the vendor’s place of business from any person any empty, unbroken, reasonably clean, returnable container of any type, size and brand sold by that vendor within the past sixty days and shall pay to that person in cash, the refund value of each such container returned.

 (2) Where a consumer purchases a commodity in a returnable container, the vendor shall accept the return of any number of empty containers equivalent to the number of filled containers that the vendor is selling to that consumer.

 (3) This section shall not be construed to require the operator of a vending machine to maintain a person to accept returned containers and provide refunds on the premises where the vending machine is located.

(4) A collection depot shall accept from a vendor or person at any time any empty, unbroken, reasonably clean, returnable container and shall immediately pay the refund value of the container to the vendor or person.

 (5) Any person who, either acting alone or aided or abetted by another person, returns to a vendor, collection depot, bottler or importer, an empty container on which the refund or salvage value has previously been paid out and collects or attempts to collect its refund or salvage value is liable:

(a) on summary conviction to a fine of one thousand dollars; or

(b) on conviction on indictment to a fine of twenty-five thousand dollars for a first offence and fifty thousand dollars for a second or subsequent offence.

 (7) A person who handles, stores, reuses, recycles, or disposes of empty containers for which a refund has been paid, shall exercise reasonable due care to ensure that the containers do not become subject to fraudulent returns.

Refusal of acceptance

29. A collection depot may refuse to accept from any person and pay a refund for any empty container:

(a) that is corroded or broken or contains a significant amount of material that is foreign to its normal contents; or

(b) that cannot reasonably be identified as a returnable container to which this Act applies.


 
PART III

MISCELLANEOUS


Exemptions

30. (1) The Authority may, by Order published in the Gazette, exempt a bottler or importer from the provisions of section 7, if that bottler or importer –

(a) has a stewardship plan for the management of the containers which has been approved by the Authority under this Act; and

(b) has in place an adequate system for the collection and reuse of such containers.

 (2) A bottler or importer who is desirous of obtaining an exemption pursuant to subsection (1) shall submit a stewardship plan to the Authority.

 (3) A stewardship plan submitted pursuant to subsection (2) shall –

  (a) contain the following information –

(i) the bottler’s or importer’s name and address for service;

(ii) the name and title of the bottler’s or importer’s employee or agent who is responsible for the implementation of the plan;

(iii) the brand name of every beverage covered by the plan;

(b) demonstrate how empty containers will be recovered and reused or recycled and the proposed recovery rate to be achieved;

(c) include a schedule for its implementation; and

(d) identify verifiable indicators whereby its implementation which may be monitored by the Authority.

 (4) When a bottler or importer submits a stewardship plan under this section, the Authority may –

(a) approve the plan, with or without amendments for a period of two years, the two years to commence from the date of approval; or

(b) reject the plan.

 (5) When deciding whether or not to approve a stewardship plan submitted by a bottler or importer under this section, the Authority shall consider any relevant factors including –

(a) the size, in terms of population and geographical area, of the market served by the bottler, and the projected number of containers, by category and type, that will be subject to the planned container return system;

(b) the proposed or actual location, accessibility and hours and days of operation of facilities for the collection of empty containers;

(c) the means by which the bottler will ensure that adequate funds are available to provide refunds when empty containers are returned by consumers;

(d) the amount and kind of advertising and consumer education planned by the bottler to inform consumers of the location and operation of facilities for the collection of empty containers;

(e) the opportunities for employment to be created by the planned container return system and the manner in which local authorities, non-governmental and community based organizations and small-scale enterprises will be involved in the planned container return system;

(f) any other systems or activities that allow the stewardship plan to achieve the same litter reduction and recycling rates contemplated by this Act.

 (6) Where the Authority rejects a stewardship plan submitted by a bottler or importer in accordance with this section, the Authority shall give the bottler or importer reasons in writing for rejecting that plan.

 (7) A bottler or importer who has been granted an exemption on the basis of a stewardship plan approved under this section shall implement that stewardship plan in accordance with the approval by the implementation date.

 (8) A bottler or importer who sells a commodity in a container, on or after the implementation date, contrary to the provisions of the stewardship plan, is liable on summary conviction to a fine of twenty thousand dollars.

Powers of expenditure

31. (1) Subject to subsections (2) and (3), the Authority may, out of the revenues paid into the Reserve Fund pursuant to this Act –

  (a) pay any –

(i) direct expenses incurred by the Authority in connection with the processing of any application made to the Authority and the grant of any certificate and the registration of anything required to be registered under this Act;

(ii) indirect and overhead expenses incurred by the Authority in connection with the administration of this Act, including but not limited to recurrent and capital expenses for personnel, equipment, materials and accommodation; and

(iii) remuneration due to agents, contractors and professional persons, including but not limited to revenue collectors, auditors and consultants, employed or retained by the Authority to provide services in relation to the administration of this Act;

(b) issue grants to other governmental entities or private organizations, including but not limited to non-profit organizations, for the purposes of -

(i) the development and implementation of public education and information programmes concerning the reduction of litter and waste generation;

(ii) the organization and operation of litter-removal activities and other community based solid waste management projects;

(iii) the purchase of litter receptacles and the implementation of litter-law enforcement programmes; and

(c) provide incentives for the purposes of promoting the utilization of reusable and recyclable beverage containers;

(d) provide incentives to the operators of waste management facilities for the purposes of –

(i) research and evaluation of markets for reusable or recyclable empty beverage containers, including information on available technologies and transportation alternatives;
(ii) the expansion of existing or the planning, design and construction of new facilities for collecting, storing and recycling recyclable beverage containers; and

(iii) the purchase or lease of recycling equipment, the costs of operating that equipment and the costs of storing and transporting materials before and after those materials are recycled.

 (2) There shall be maintained in the Fund contingencies which shall not be greater than five percent of the net revenue paid into the Fund pursuant to this Act during the preceding financial year and any interest earned on that amount.

Prohibitions

33. (1) The Authority may by Order subject to negative resolution of Parliament, prohibit the sale of commodities in containers that cannot be broken down by bacteria or by light into constituent parts, reused or recycled.

 (2) The Authority may by Order subject to negative resolution of Parliament prohibit the incineration or landfilling of returnable beverage containers, or any class of returnable containers, whether the containers are whole, shredded, stripped, compressed, or otherwise processed.

 (3) A person who contravenes any Order made under this section is liable on summary conviction to a fine of ten thousand dollars.

Confidentiality

34. (1) Every person acting under the authority of this Act shall keep confidential all facts, information and records obtained or furnished under this Act, except in so far as public duty required or this Act permits the person to disclose them or report or take official action on them.

 (2) Without prejudice to any disciplinary action which may be taken against an employee of the Authority, a person who makes a record of or discloses any information or document contrary to the provisions of subsection (1) is liable on summary conviction to a fine of ten thousand dollars.

Offences

35. A person who –

(a) fails or refuses to pay any deposit levy or refund value; or

(b) refuses or fails to pay over any deposit collected in accordance with this Act;

(c) fails to seek renewal of the stewardship plan on or before its expiration date;
is liable on summary conviction to a fine of twenty thousand dollars.

Amendment of Schedules

36. (1) The Authority may by Order, subject to negative resolution of Parliament, amend the Schedules to this Act.

 (2) In the exercise of its power under subsection (1) to amend the Second and Third Schedules, the Authority shall act on the advice of the Minister of Finance.

Regulations

37. (1) The Authority may make Regulations, subject to negative resolution of Parliament, to give effect to any of the provisions of this Act.

 (2) Without prejudice to the generality of subsection (1), the Authority may make regulations –

(a) for the certification of plants for recycling empty beverage containers, including standards and requirements for certification; and

(b) prescribing anything permitted or required to be prescribed by this Act.

 (3) Any Regulations made under this section may provide that the contravention of any specified provision constitutes an offence any may prescribe a penalty for that offence not exceeding a fine of twenty thousand dollars.

Saving

38. This Act does not prohibit the implementation or enforcement of any written law governing litter, the collection and disposal of refuse, waste management or the preparation and handling of food and beverages.
 
FIRST SCHEDULE
(Section 2)

A. Beverage Containers
 
1. Soda water or similar carbonated soft drinks
2. Beer and other malt beverage
3. Mineral spring or purified water
4. Flavoured or admixed water
5. Natural fruit juice based drinks excluding 100% juices specially formulated for infants
6. Milk and milk substitutes, excluding specially formulated milk and milk substitutes for infants
7. Flavoured milk
8. Milk based drinks and milk substitutes based drinks, excluding milk based drinks and milk substitutes drinks specially formulated for infants.

B. Disposal Containers

C. Other Containers

SECOND SCHEDULE

(Sections 17 and 20)

Deposit levy on imported containers

Beverage Containers

Type of beverage container Size of beverage container Rate of levy Refund
Glass beverage container 0.6 litre or less $0.20 per container 
 more than 0.6litre $ 0.25 per container 
Plastic beverage container 0.6 litre or less $ 0.20 per container 
 more than 0.6 litre $ 0.25 per container 
Aluminium beverage container 0.6 litre or less $ 0.20 per container 
 more than 0.6 litre $ 0.25 per container 
Metal beverage container other than aluminium beverage container 0.6 litre or less $ 0.20 per container 
 more than 0.6 litre $ 0.25 per container 
Asceptic beverage container 0.6 litre or less $ 0.20 per container 
 more than 0.6 litre $ 0.25 per container 
Other beverage container 0.6 litre or less $ 0.20 per container 
 more than 0.6 litre $ 0.2 per container 

Disposable containers         $0.25 per container

 
THIRD SCHEDULE
(Sections 21 and 24)

Advanced Disposal Fee on Non-Returnable Beverage Containers

Type of Beverage container Size of beverage container Advanced disposal fee Salvage value Refund
Asceptic beverage container 0.6 litre or less $0.10 per container Nil 
 more than 0.6 litre $ 0.20 per container Nil 
Plastic pouch 0.6 litre or less $ 0.10 per container Nil 
 more than 0.6 litre $ 0.20 per container Nil 
Other non-returnable beverage container 0.6 litre or less $ 0.10 per container Nil 
 more than 0.6 litre $ 0.20 per container Nil 


FOURTH SCHEDULE

(Sections 25 and 28)

Type of Beverage container Size of beverage container Deposit Refund value
Glass beverage container 0.6 litre or less $0.20 per container

$0.25 per container 10 cents less than deposit
 more than 0.6 litre  10 cents less than deposit
Plastic beverage 0.6 litre or less $0.20 per container

$0.25 per container 10 cents less than deposit
 more than 0.6 litre  10 cents less than deposit
Aluminium beverage container 0.6 litre or less $0.20 per container

$0.25 per container 10 cents less than deposit
 more than 0.6 litre  10 cents less than deposit
Metal beverage container 0.6 litre or less $0.20 per container

$0.25 per container 10 cents less than deposit
 more than 0.6 litre  10 cents less than deposit
Other beverage containers 0.6 litre or less $0.20 per container

$0.25 per container 10 cents less than deposit
 more than 0.6 litre  10 cents less than deposit

Disposable containers         $0.25 per container   10 cents
          less than              deposit

Passed in the House of Assembly this day of   , 2008.

 


                   Speaker of the House.

Passed in the Senate this  day of    , 2008.

 


       President of the Senate.