British Columbia

The following text was found at http://www.qp.gov.bc.ca/statreg/reg/E/EnvMgmt/449_2004.htm#Schedule1BeverageContainerProductCategory


Environmental Management Act, Recycling Regulation

Schedule 1: Beverage Container Product Regulation

Definitions

1  In this Schedule:

"beverage" means any liquid that is a ready-to-serve drink but does not include milk, milk substitutes, rice milk, soya milk, flavoured milk, infant formulas, meal replacements or dietary supplements;

"container" means a container made of aluminum, glass, paper, plastic, steel or other similar material, or any combination of them, that is or was sealed by its manufacturer;

"container redemption facility" means an operation, facility or retail premises, or an association of operations, facilities or retail premises, identified in an approved plan for the collection and redemption of a producer's containers;

"liquor" means liquor as defined in section 1 (1) of the Liquor Distribution Act;

"Liquor Distribution Branch" means the Liquor Distribution Branch in British Columbia continued under section 2 of the Liquor Distribution Act;

"manufacturer's agent" means manufacturer's agent as defined in section 1 (1) of the Liquor Distribution Act;

"refill" means to reuse without remanufacturing;

"seller" means a producer, retailer or other person who sells a beverage in a container.

Producers

2  (1)  A producer of a container is one of the following:

(a) a person who manufactures in British Columbia a beverage which is sold in a container;

(b) if paragraph (a) does not apply, a manufacturer's agent who represents to the Liquor Distribution Branch a person who manufactures outside British Columbia a beverage which is sold in a container;

(c) if paragraphs (a) and (b) do not apply, a person who distributes in British Columbia a beverage, other than liquor, which is sold in a container;

(d) if paragraphs (a) to (c) do not apply, a person who imports into British Columbia, for sale in British Columbia, a beverage which is sold in a container.

(2)  Despite subsection (1) (a) and (b), the Liquor Distribution Branch may elect to be the producer of a beverage which is sold in a container.

(3)  Subsection (2) does not apply to

(a) non-alcoholic beverages, or

(b) a beverage sold by a producer who gives written notice to the Liquor Distribution Branch and a director that, despite subsection (2), it will continue to be the producer under subsection (1) (a) or (b).

(4)  The Liquor Distribution Branch must give a director written notice of any election made under subsection (2) by giving particulars of the beverage category and container type for which it elects to become the producer and, if applicable, naming any manufacturer or manufacturer's agent not otherwise included in that election.

Application

3  This Schedule applies to a container that

(a) may hold, holds or has held a beverage,

(b) is offered for sale or sold in British Columbia, and

(c) is not a refillable container having a capacity of 10 litres or more.

Beverage container product subcategories

4  The beverage container product category consists of the following subcategories based on container material and container size:

(a) aluminum cans;

(b) refillable glass bottles, able to hold 1 litre or less;

(c) refillable glass bottles, able to hold more than 1 litre;

(d) nonrefillable glass bottles, able to hold 1 litre or less;

(e) nonrefillable glass bottles, able to hold more than 1 litre;

(f) plastic containers made of high density polyethylene, able to hold less than 500 ml;

(g) plastic containers made of high density polyethylene, able to hold 500 ml to 1 litre;

(h) plastic containers made of high density polyethylene, able to hold more than 1 litre;

(i) plastic containers made of resins other than high density polyethylene, able to hold less than 500 ml;

(j) plastic containers made of resins other than high density polyethylene, able to hold 500 ml to 1 litre;

(k) plastic containers made of resins other than high density polyethylene, able to hold more than 1 litre;

(l) bimetal cans, able to hold 1 litre or less;

(m) bimetal cans, able to hold more than 1 litre;

(n) drinking boxes, able to hold 500 ml or less;

(o) drinking boxes, able to hold more than 500 ml but not more than 1 litre;

(p) bag in a box;

(q) gable top containers, able to hold less than 500 ml;

(r) gable top containers, able to hold 500 ml to 1 litre;

(s) gable top containers, able to hold more than 1 litre;

(t) stand up pouches;

(u) beverage containers not referred to in paragraphs (a) to (t).

Deposit

5  (1)  A seller must collect from the purchaser, at the time of sale of a beverage in a container, a deposit in an amount not less than the amount in Column 2 of Table 1, set out opposite the container size and beverage type in Column 1.

Table 1 — Container Deposit and Refund

Item Column 1
Container Size and Beverage Type
Column 2
Minimum Amount of
Deposit or Refund
one litre or less for non-alcoholic beverages

one litre or less for alcoholic beverages 10¢

more than 1 litre for any beverages 20¢

(2)  The deposit required by subsection (1) must be shown on the purchaser's receipt if a receipt is given.

(3)  The deposit amount set out in Table 1 is an amount that includes any applicable federal and Provincial sales tax.

(4)  This section does not apply to a seller if

(a) the seller sells a beverage in a container for consumption on the premises of the seller and the beverage is consumed on those premises, or

(b) the seller is a manufacturer or manufacturer's agent who sells a beverage in a container to the Liquor Distribution Branch and the Liquor Distribution Branch has elected under section 2 (2) to be the producer for that container.

Refund

6  (1)  A container redemption facility or, subject to subsection (2), a retailer whose premises are not identified in an approved plan, must accept containers for return and pay to the person returning the containers a cash refund in an amount

(a) not less than the amount set out in Table 1, or

(b) if the amount of deposit collected is greater than the amount in Column 2 for the container size and beverage type set out opposite in Column 1, not less than the deposit amount collected.

(2)  Subject to subsection (3), a person may return for refund to a retailer not more than 24 containers per day that are of the same beverage container subcategory and brand that the retailer sells.

(3)  If the director determines that there are adequate container redemption facilities and retailers in a regional district, a person may return for refund to a retailer not more than 6 containers per day that are of the same beverage container subcategory and brand that the retailer sells to consumers.

(4)  Subsections (2) and (3) do not apply to the return of containers to a retailer whose premises is identified as a container redemption facility in an approved plan.

(5)  A container redemption facility or retailer is not required to accept a container, or pay a cash refund for a container, if the container

(a) is contaminated, rusty or dirty,

(b) can be reasonably identified as a container that was purchased outside of British Columbia, or

(c) cannot be reasonably identified as a container to which this Schedule applies.

Container design requirements

7  (1)  A seller must offer for sale or sell a beverage only in a container that can be refilled or recycled.

(2)  A seller must not offer for sale or sell a beverage

(a) in a metal container that is opened by use of a rigid metal pull-tab which can be removed from the container, or

(b) in a container that bears any label, mark, stamp or inscription which indicates that the container cannot be returned for refund.

Redeemed containers

8  (1)  A producer must ensure that its redeemed containers are refilled or recycled.

(2)  A person must not dispose of redeemed containers in a landfill or incinerator.

 

Updated November 2, 2008

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