Bottle Bill Resource Guide

The 2011 New Mexico Bill

Bill Number and Name House Bill 238, the Beverage Container Act
Primary Sponsor Thomas A. Garcia
Beverages Covered wine, alcoholic liquor, beer, mineral water, and other carbonated soft drinks
Containers Covered sealed glass, plastic, or metal bottles, cans, jars or cartons
Handling Fees 1¢, paid by distributor to redemption center
Other Fees / Taxes  
Reclamation System Return to retail or redemption centers
Unredeemed Deposits Retained by distributor



In this bill, the beverage manufacturer is only the initiator of the deposit if they sell directly to dealers. In all other cases, the distributor is the first to charge a deposit.

Refillable glass containers with a deposit of 5¢ or more are exempt from the law, as are containers sold on commercial trains and planes.

The bill sets out provisions by which a person may establish a licensed redemption center. Dealers are exempt from issuing refunds if they are listed in an order approving a redemption center.

Special provisions are made for cans and other metal nonrefillable containers. If these containers are lawfully refused by a dealer or redemption center but the deposit value is still visible on the container, a person may still get their refund by taking the container to a special facility. These facilities must be established by beer distributors selling nonrefillable metal containers, at least one in each county, and more in cities with a population above 25,000

Plastic cans--containers made of both metal and plastic (excluding their closure mechanism) are prohibited for sale in the state. The bill also prohibits the landfilling of beverage containers covered by the Act.

The bill also establishes a fund designated for grants to improve independent redemption centers. Many deposit systems feature similar funds paid with unclaimed deposits. That is not the case in this bill. Rather, unclaimed deposits remain the property of the distributors, and funds for the grant program are only received through appropriation.

Violations and penalties are also laid out in the bill.


January 31, 2011: Introduced

The 2009 Campaign

Bill Number and Name Senate Bill 1, Beverage Container Recycling Act
Primary Sponsor Michael S. Sanchez
Containers Covered any airtight metal, glass, paper or plastic container or a container composed of a combination of these materials, up to 1 gallon
Beverages Covered Water, carbonated beverages, beer, and mixed liquors
Deposits 10¢
Handling Fees None
Other Fees / Taxes None
Reclamation System Return to retail or redemption center
Unredeemed Deposits Paid to department of Environment at the end of the year


To manage the funds from the deposit-refund system, the bill also sets up the "beverage container deposit fund" under the Department of Environment. "Proceeds from the fund may be used to operate recycling programs within the department of environment,, including programs that apportion amounts to each dealer on the basis of the number of empty returnable containers handled by a dealer."

In addition to establishing a deposit-refund system for nonrefillable containers, the bill also seeks to create guidelines for to facilitate and encourage the use of a refillables system, to be overseen by the environmental improvement board.


December 12, 2008: Introduced in House

February 3, 2009: Bill died in committee. Conservation committee recommended the bill not be passed, but substituted with a bill requiring communities to develop recycling programs.


The 2003 Campaign

Bill Number and Name Beverage Container Deposit Act, HB 72 Bill text unavailable
Primary Sponsor Miguel Garcia (D)
Containers Covered glass
Beverages Covered beer, or other malt beverages
Deposits 5 cents
Handling Fees None


Introduced January 22, 2003. To House Business and Industry Committee 3/22. Died upon adjournment


Rep. Miguel Garcia
Office Phone: 450-2455
Home Phone: 877-8131
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.



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