Bottle Bill Resource Guide

There is currently no nation-wide bottle bill implemented in the United States as of October 2023. However, there have been multiple efforts to pass such legislation, and there is one piece of legislation up for consideration in the US Congress that would implement a national beverage container program: The Break Free from Plastic Pollution Act.

2023-2024 National Bill Efforts

The Break Free from Plastic Pollution Act (2023)

Name 

S.3127 - A bill to amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes.

Also known as: The Break Free from Plastic Pollution Act of 2023

Date Introduced 10/27/2023
Beverages Covered

Any drinkabkle liquid intended for human oral consumption, including:

  • Water
  • Flavored water
  • Soda water
  • Mineral water
  • Beer
  • Malt beverages
  • Carbonated soft drinks
  • Liquor
  • Tea
  • Coffee
  • Hard cider
  • Fruit juice
  • Energy drinks
  • Sports drinks
  • Coconut water
  • Wine
  • Yogurt and probiotic drinks
  • Wine coolers
  • Any other beverage determined as appropriate by Admnistrator
Containers Covered

Containers  ≤3L made of the following materials:

  • Glass 
  • Plastic
  • Metal
Beverages Not Covered
  • Infant formula
  • Meal replacements
  • Liquid drugs (as regulated by the Federal Food, Drug, and Cosmetic Act)
Containers Not Covered
  • Cartons
  • Pouches
  • Aseptic containers
Amount of Deposit

10¢ USD

Reclamation System Return to retail or to redemption centers
Handling Fee TBD
Other Fees TBD
Unredeemed Deposits Kept by producers/distributors for investment in collection, recycling, and reuse infrastructure
Complementary Recycling Programs

There are local and statewide recycling programs, including curbside recycling. Ten states already have an existing bottle deposit program available.

 

Details

In the United States, there is no national bottle deposit scheme; ten states, and Guam, have implemented their own bottle deposit program instead.  In 2003, US Senator Jim Jeffords tried to introduce a national bottle bill with the National Beverage Producer Responsibility Act. This bill ultimately failed to pass. [1] In February 2020, US House Representative Alan Lowenthal (CA) introduced Break Free From Plastic Pollution Act of 2020 which laid out various guidelines for national waste management systems and regulations in the US, including the implementation of a national bottle container program. [2] Another similar bill was introduced in 2021. This legislation ultimately did not get past the Subcommittee on Water Resources and Environment.

For the 118th Congress, US Senator Jeff Merkley (OR) and Representative Jeff Huffman (CA) introduced a new version of this act, the Break Free From Plastic Pollution Act on October 25, 2023. The bill is an omnibus bill that encompasses many different topics for better waste management and plastic reduction nationwide, including:

  • Implementing an Extended Producer Responsibility (EPR) policy program for products and packaging.
  • Banning toxic substances and plastics.
  • Banning certain single-use plastic products (e.g., foam carryout containers, single-use condiment packaging, "black plastic", etc.)
  • Setting new national emission standards at plastics facilities
  • Imposing a plastic bag fee
  • Prohibit plastic pellet and pre-production plastic to be discharged into waterways.
  • Creating source reduction targets for single use plastic products and beverage containers.
  • Establishing minimum recycled content requirements for beverage containers.
  • The implementation of a national beverage container deposit program.

The proposed deposit program would implement a 10¢ USD deposit on all eligible containers, subject to inflation and other factors. Consumers would be able to return their eligible containers at retailers and licensed redemption centers. Unclaimed refunds will be retained by beverage producers to "supplement investments in nationwide collection and recycling infrastructure." [3] States which have already passed a comprehensive bottle bill prior to its passing, or states which will pass similar bottle bill legislation, may comply through their legislation instead if their legislation covers the same beverage type requirements and minimum deposit amount of 10 cents as the national bill.

At its introduction, S.3127 was endorsed by nearly 100 environmental advocacy groups and organizations that wrote in support of the Act, including Ocean Conservancy, the Sierra Club, and the World Wildlife Fund (WWF). [4] Such a program would foster and move container waste and recycling toward a circular economy, raising both national and state-level recycling rates.

2021 National Bill Efforts

The Break Free from Plastic Pollution Act

Name 

S.984 - A bill to amend the Solid Waste Disposal Act to reduce the production and use of certain single-use plastic products and packaging, to improve the responsibility of producers in the design, collection, reuse, recycling, and disposal of their consumer products and packaging, to prevent pollution from consumer products and packaging from entering into animal and human food chains and waterways, and for other purposes.

Also known as: The Break Free from Plastic Pollution Act of 2021 (amended to The Solid Waste Disposal Act, or 42 7 U.S.C. 6901 et seq.)

Date Introduced 03/25/2021
Beverages Covered
  • Sparkling and non-sparkling water (including mineral water)
  • Carbonated soft drinks
  • Tea and coffee
  • Fruit juices (including coconut water)
  • Yogurt and probiotic drinks
  • Energy drinks
  • Sports drinks
  • Wines, wine coolers, and hard ciders
  • Liquor
  • Beer and malt beverages
Containers Covered

Containers  ≤3L made of the following materials:

  • Glass 
  • Plastic
  • Metal
Beverages Not Covered
  • Infant formula
  • Meal replacements
  • Liquid drugs (as regulated by the Federal Food, Drug, and Cosmetic Act)
Containers Not Covered
  • Cartons
  • Pouches
  • Aseptic containers
Amount of Deposit

10¢ USD

Reclamation System Return to retail or to redemption centers
Handling Fee TBD
Other Fees TBD
Unredeemed Deposits Kept by producers/distributors
Complementary Recycling Programs

There are local and statewide recycling programs, including curbside recycling. Ten states and one territory already have an existing bottle deposit program available.

 

Details

For the 117th Congress, Representative Lowenthal and Senator Jeff Merkley (OR) introduced a new version of this act, the Break Free From Plastic Pollution Act on March 25, 2021. The bill is an omnibus bill that encompasses many different topics for better waste management and plastic reduction nationwide, including implementing an Extended Producer Responsibility (EPR) policy program for packaging and printed paper; a national standardization of recycling and composting; an imposition of a plastic bag fee; actions relating to the reduction of plastic and microplastic pollution; instating minimum recycled content requirements for beverage containers; and the implementation of a national beverage container deposit program.

The proposed deposit program would implement a 10¢ USD deposit on all eligible containers, subject to inflation and other factors. Consumers would be able to return their eligible containers at retailers and licensed redemption centers. Currently, the bill does not reflect the deposit status of beverages made of dairy or dairy alternatives. Unclaimed refunds will be retained by beverage producers to "supplement investments in nationwide collection and recycling infrastructure." [3] States which have already passed a comprehensive bottle bill prior to its passing, or states which will pass similar bottle bill legislation, may comply through their legislation instead if their legislation covers the same beverage type requirements and minimum deposit amount of 10 cents as the national bill.

At its introduction, S.984 was endorsed by over 400 environmental advocacy groups and organizations that wrote in support of the Act, including the National Audobon Society, the Sierra Club, and the World Wildlife Fund (WWF). [4]

 

The CLEAN Future Act

Name 

H.R.1512 - To build a clean and prosperous future by addressing the climate crisis, protecting the health and welfare of all Americans, and putting the Nation on the path to a net-zero greenhouse gas economy by 2050, and for other purposes.

Also known as: Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act

Date Introduced 03/02/2021
Beverages Covered
  • Sparkling and non-sparkling water
  • Mineral and soda water (flavored and unflavored)
  • Carbonated soft drinks
  • Tea and coffee
  • Fruit juices (including coconut water)
  • Dairy and dairy alternatives
  • Yogurt and probiotic drinks
  • Energy drinks
  • Sports drinks
  • Kombucha
  • Wines, wine coolers, and hard ciders
  • Liquor
  • Beer and malt beverages
  • Beverages containing hemp or marijuana
Containers Covered

Containers  ≤3L made of the following materials:

  • Glass 
  • Plastic
  • Metal
Beverages Not Covered
  • Infant formula
  • Meal and caloric replacements
  • Liquid drugs (as regulated by the Federal Food, Drug, and Cosmetic Act)
Containers Not Covered
  • Cartons
  • Foil pouches
  • Drink boxes
Amount of Deposit

10¢ USD

Reclamation System Return to retail or to redemption centers
Handling Fee TBD
Other Fees TBD
Unredeemed Deposits Kept by system administrator

 

Details

On March 2, 2020, The Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act, was introduced by US House Representative Frank Pallone, Jr. (NJ), US House Representative Paul Tonko (NY), and US House Representative Bobby L. Rush (IL). It was formed in the Energy and Commerce Committee as a result of the last two years' worth of hearings regarding the climate crisis. [5]

The bill encompasses many different regulations and set goals for the US, including: national pollution goals and emissions standards; increased dam safety measures; federal electricity regulatory reform; infrastructure modernization and improvement; and improved waste management and collection. This bill would also amend the Solid Waste Disposal Act to implement a federal bottle bill program. It would also conduct studies to determine the efficacy and implementation of such a program. Under this bill, unredeemed deposits go back to the designated system administrator.

Footnotes

[1] S.1867 - National Beverage Producer Responsibility Act of 2003. 108th Congress (2003-2004).

[2] H.R.5845 - Break Free From Plastic Pollution Act of 2020. 116th Congress (2019-2020).

[3] "Break Free From Plastic Pollution Act: Overview." Offices of U.S. Senator Jeff Merkley and U.S. Representative Alan Lowenthal. 2021.

[4] "Letter of Support for the Break Free from Plastic Pollution Act of 2021." [PDF]

[5] "E&C LEADERS INTRODUCE THE CLEAN FUTURE ACT, COMPREHENSIVE LEGISLATION TO COMBAT THE CLIMATE CRISIS."  House Committee on Energy & Commerce. March 2, 2020.

 

Last Updated on October 27, 2023.