2005 Vermont Code - § 1523. — Acceptance of beverage containers

§ 1523. Acceptance of beverage containers

(a) Except as provided in section 1522 of this title:

(1) A retailer shall not refuse to accept from any person any empty beverage containers of the kind, size and brand sold by the retailer, or refuse to pay to that person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) of this section.

(2) A manufacturer or distributor may not refuse to accept from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers of the kind, size and brand sold by the manufacturer or distributor, or refuse to pay the retailer or a person operating a redemption center the refund value of a beverage container as established by section 1522 of this title.

(b) A retailer, with the prior approval of the secretary, may refuse to redeem beverage containers if a redemption center or centers are established which serve the public need.

(c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean are broken, or were not purchased in Vermont.

(d) A retailer or group of retailers may petition the secretary for the establishment of a redemption center.

(e) The secretary shall notify the public regarding the petition. The secretary, after determination of need and service to be provided by the proposed redemption center, shall issue a certification authorizing the distributors or retailers affected and servicing the community or area involved to establish a redemption center or alternate method of redemption, or shall deny the petition if found adverse to the public need.

(f) The secretary shall not certify a new redemption center from July 1, 2006 through July 1, 2007 unless the area is currently underserved. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 4; 1983, No. 171 (Adj. Sess.), § 3; 2005, No. 128 (Adj. Sess.), § 3.)