,,ii #aafth ,,congress #b;d ,session ,s4 #cbha ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #ab1 #bjbj,mr4 ,merkley 7for himself and ,mr4 ,wyden7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend the ,solid ,waste ,disposal ,act to require recycling of beverage containers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,original ,recycling ,bottle ,act of #bjbj4 #b4 ,beverage container collection 7a7 ,in general ,the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq47 is amended by adding at the end the following3 ,k ,beverage container collection #abjja4 ,definitions ,in this subtitle3 7#a7 ,area ,when used in the context of space occupied by a retailer1 the term area means-- 7,a7 the number of square feet of the building or portion of the building leased or owned by the retailer2 and 7,b7 only includes retail space if-- 7i7 the retail space is less than #e1jjj square feet2 7ii7 the retail space occupies less than #ej percent of the leased or owned space where retail operations are located2 and 7iii7 the nonretail space is used in whole or in part for the manufacturing of beverages4 7#b7 ,beverage container 7,a7 ,in general ,the term beverage container means an individual1 separate1 and sealed glass1 metal1 or plastic bottle or can 7other than a carton1 foil pouch1 drink box1 or metal container that requires a tool to be opened7 that-- 7i7 contains a beverage that is intended for human consumption and in a quantity less than or equal to #c fluid liters that is-- 7,i7 water or flavored water2 7,,ii7 beer or other malt beverages2 7,,iii7 mineral water1 soda water1 or similar carbonated soft drinks2 7,,iv7 kombucha2 or 7,v7 hard seltzer2 and 7ii7 does not contain-- 7,i7 dairy milk or plant-based milk2 7,,ii7 infant formula2 or 7,,iii7 any other beverage that is exempted by a rule of the ,administrator4 7,b7 ,exclusion ,the term beverage container does not include a container that contains infant formula intended solely for infant feeding4 7#c7 ,category of beverage ,the term category of beverage means one of the following categories of beverage in a beverage container3 7,a7 ,water4 7,b7 ,carbonated soft drinks4 7,c7 ,all other non-alcoholic beverages 7excluding dairy milk and plant-based milk1 infant formula1 and liquid meal replacements74 7,d7 ,alcoholic beverages4 7,e7 ,beverages containing marijuana or hemp4 7#d7 ,dairy milk 7,a7 ,in general ,the term dairy milk means a beverage that consists of only dairy milk1 flavorings1 or nutritional additives4 7,b7 ,inclusions ,the term dairy milk includes flavored milk beverages1 such as chocolate milk and lactose free milk4 7,c7 ,exclusions ,the term dairy milk does not include kefir1 drinkable yogurt1 buttermilk1 smoothies1 shakes1 a beverage that is primarily milk but includes other ingredients such as fruit1 or a beverage that is primarily milk but is marketed as a beverage other than milk1 such as a smoothie or shake4 7#e7 ,distributor ,the term distributor means a person who engages in the sale of beverages in beverage containers to a retailer1 including any manufacturer who engages in those sales4 7#f7 ,convenience zone ,the term convenience zone means a convenience zone specified by the ,administrator under section #abjjb7;e77#a77;,a74 7#g7 ,hard seltzer ,the term hard seltzer means a sugar-based alcoholic beverage that contains carbonated water or any malt-based alcoholic beverage that contains carbonated water and is not a malt beverage4 7#h7 ,importer ,the term importer means any retailer or manufacturer who directly imports into the ,united ,states beverage containers4 7#i7 ,kombucha ,the term kombucha means a fermented beverage that is made from tea and does not contain more than #ba percent alcohol by volume4 7#aj7 ,liquid meal replacement ,the term liquid meal replacement means a ready-to-drink liquid with caloric and nutritional value intended to replace a regular meal4 7#aa7 ,manufacturer ,the term manufacturer means a person bottling1 canning1 or otherwise filling beverage containers for sale to distributors1 importers1 or retailers4 7#ab7 ,plant-based milk 7,a7 ,in general ,the term plant-based milk means a beverage consisting primarily of liquid extracted from nuts1 grains1 legumes1 or seeds and flavorings or nutritional additives4 7,b7 ,exclusions ,the term plant-based milk does not include kefir1 drinkable yogurt1 smoothies1 shakes1 coconut water1 a beverage that is primarily plant-based milk but includes other ingredients such as fruit1 or a beverage that is primarily plant-based milk but is marketed as a beverage other than a plant-based milk1 such as a smoothie or shake4 7#ac7 ,recovery rate ,the term recovery rate means the quantity of beverage containers collected divided by the quantity of beverage containers produced1 expressed as a percentage4 7#ad7 ,redemption center ,the term redemption center means a redemption center described in section #abjjb7;d74 7#ae7 ,retailer ,the term retailer means a person that sells or offers for sale beverages in beverage containers to a consumer4 7#af7 ,return rate ,the term return rate means the number of beverage containers returned for the refund value in accordance with section #abjjc7;e7 during a calendar year and the number of beverage containers that carry a refund value sold during that calendar year1 calculated separately4 7#ag7 ,wine 7,a7 ,in general ,the term wine means a fermented vinous liquor or fruit juice1 or other fermented beverage fit for beverage purposes that is not a malt beverage1 containing more than #j4e percent alcohol by volume and not more than #ba percent alcohol by volume4 7,b7 ,inclusions ,the term wine includes fortified wine1 cider more than #h4e percent alcohol by volume1 and mead4 7,c7 ,exclusions ,the term wine does not include cider that is not more than #h4e percent alcohol by volume1 hard seltzer1 or kombucha4 #abjjb4 ,beverage container recovery programs 7a7 ,in general ,subject to subsection 7b71 not later than #e years after the date of enactment of this subtitle-- 7#a7 every beverage container sold or offered for sale by a retailer shall clearly indicate by embossing1 a stamp1 a label1 or other method securely affixed to the beverage container1 the refund value of the container2 7#b7 each retailer shall pay distributors the refund value for each beverage container delivered2 7#c7 on the sale of each beverage container by a retailer1 the retailer may collect a refund value in accordance with section #abjjc7;e72 7#d7 on return of the beverage container to a retailer or a redemption center by a person1 the retailer or redemption center1 as applicable1 shall repay a refund value to the person2 7#e7 retailers that are participating in a redemption center in accordance with subsection 7d7 shall collectively pay not less than #ej percent of the cost of operating the redemption center1 which amount shall be apportioned among the retailers based on the total volume of beverage containers sold by each retailer2 7#f7 a distributor that is a member of a distributor cooperative under subsection 7c7 shall retrieve containers from retailers or redemption centers and pay refunds through the distributor cooperative in accordance with that subsection2 7#g7 a distributor that is not a member of a distributor cooperative under subsection 7c7 shall-- 7,a7 in a timely manner and consistent with commercial best practices1 collect beverage containers that-- 7i7 the distributor distributes to a retailer2 and 7ii7 the retailer or an applicable redemption center has collected from consumers2 and 7,b7 on receipt of each beverage container under subparagraph 7,a71 pay the retailer or the redemption center1 as applicable1 the refund value2 and 7#h7 by ,june #a of each calendar year1 a distributor or importer shall provide to the ,administrator a report that lists the beverage container return data for the previous calendar year of the distributor or importer1 calculated separately for glass1 metal1 and plastic beverage containers4 7b7 ,exception for ,states with existing programs 7#a7 ,in general ,a ,state that has in effect a beverage container recovery program the requirements of which are substantially similar to1 or more stringent than1 the requirements of this section may submit to the ,administrator a request to waive the applicability of this section in that ,state4 7#b7 ,requirement ,the ,administrator may approve a waiver under paragraph 7#a7 if the ,state demonstrates that the beverage container recovery rate for the program in that ,state is more than #ge percent4 7c7 ,distributor cooperatives 7#a7 ,in general ,the ,administrator may approve the formation of a distributor cooperative by #b or more distributors or importers for the purposes of-- 7,a7 collecting the refund value of beverage containers specified from distributors or importers and refunding to retailers the amount the retailers paid for the refund value of empty beverage containers2 7,b7 paying the refund value for beverage containers redeemed2 and 7,c7 processing beverage containers4 7#b7 ,applications 7,a7 ,in general ,applications to become a distributor cooperative described in paragraph 7#a7 shall be submitted to the ,administrator4 7,b7 ,contents ,an application under subparagraph 7,a7 shall include-- 7i7 evidence of consultation with stakeholders prior to submitting the application for approval2 7ii7 assurances that-- 7,i7 the distributor cooperative will provide an opportunity for stakeholder input in the implementation and operation of the activities described in paragraph 7#a72 7,,ii7 distributors will pay the costs of collecting and managing beverage containers2 7,,iii7 reasonable and free consumer access to collection facilities or collection services will be provided2 7,,iv7 the distributer cooperative will make consumers aware of-- 7aa7 the activities described in paragraph 7#a72 7bb7 the location of collection facilities or the availability of collection services2 and 7cc7 how to manage beverage containers in a safe manner2 7,v7 the distributor cooperative will have the ability to track the return rate1 the management of costs incurred by the program1 and the management of environmental impacts of the program2 and 7,,vi7 the distributor cooperative will have a dispute resolution procedure for disputes that arise during implementation of the activities under paragraph 7#a72 and 7iii7 such other information as the ,administrator may require4 7#c7 ,considerations ,in deciding whether to approve an application under paragraph 7#b71 the ,administrator may consider any of the following3 7,a7 ,the population and geographical area of the markets in which the distributor cooperative operates4 7,b7 ,the quantity of beverage containers that distributors expect will be used in a commercial enterprise1 sold1 offered for sale1 or distributed each year4 7,c7 ,the quantity of beverage containers that the distributor cooperative expects to collect each year4 7,d7 ,the size of the population intended to be served by collection facilities or collection services of the distributor cooperative4 7,e7 ,the provision of convenient options for the collection of beverage containers in urban centers and small1 isolated communities1 and for persons with disabilities or who have no access to transportation4 7,f7 ,the manner1 kind1 and quantity of advertising and consumer education planned by the distributor to inform consumers of-- 7i7 the location and operation of collection facilities2 7ii7 the availability of collection services2 and 7iii7 the environmental and economic benefits of participating in the activities under paragraph 7#a74 7,g7 ,the methods of beverage container collection1 storage1 transportation1 and management4 7,h7 ,distributor cooperatives in the same geographical area4 7,i7 ,the structure of financial and operational cooperation with #b or more distributors or importers4 7#d7 ,requirements ,a distributor cooperative under paragraph 7#a7 shall-- 7,a7 outline a plan to achieve1 or to be capable of achieving by a reasonable date1 which shall be not later than #b years after the date of enactment of this subtitle-- 7i7 a #ge percent recovery rate or any performance measures1 performance requirements1 or targets established by the ,administrator2 and 7ii7 any performance measures1 performance requirements1 or targets in the plan2 and 7,b7 submit the plan described in subparagraph 7,a7 and such additional documentation as the ,administrator determines to be necessary with each report provided to the ,administrator under paragraph 7#i74 7#e7 ,compliance 7,a7 ,in general ,not later than #b years after the date of enactment of this subtitle1 each distributor and distributor cooperative shall achieve the applicable target recovery rates established under paragraph 7#d77;,a77i74 7,b7 ,noncompliance ,if a distributor or distributor cooperative does not achieve an applicable target recovery rate in accordance with subparagraph 7,a71 the distributor or distributor cooperative shall-- 7i7 submit to the ,administrator a plan to achieve the applicable target recovery rate2 and 7ii7 forfeit to the ,administrator the amount of any unredeemed beverage container deposits received by the distributor or distributor cooperative4 7,c7 ,use of forfeited amounts ,the ,administrator shall use amounts forfeited under subparagraph 7,b77ii7 for marketing and outreach relating to the program under this subtitle4 7#f7 ,multiple organizations ,a distributor may participate in more than #a distributor cooperative only if each distributor cooperative is established for a different category of beverage containers or geographic area4 7#g7 ,participation fees 7,a7 ,in general ,a distributor cooperative may charge each distributor fees for membership that include1 with respect to a distributor1 the costs of collecting or cleaning up the beverage containers of the distributor4 7,b7 ,considerations ,in determining the costs of collection and cleanup described in subparagraph 7,a71 the distributor cooperative shall take into account-- 7i7 the cost to properly manage the applicable category of beverage container waste2 and 7ii7 the environmental benefits of beverage containers that-- 7,i7 are specifically designed to be reusable or refillable2 and 7,,ii7 have a high reuse or refill rate4 7#h7 ,revocation ,the ,administrator may revoke the approval of a distributor cooperative for continued or persistent noncompliance with the requirements of this subtitle4 7#i7 ,reports ,not later than ,july #a of each calendar year1 a distributor cooperative shall provide to the ,administrator a report that lists1 in aggregate form for all distributors and importers that participate in the distributor cooperative1 the fee structure1 and the beverage container return data for the previous calendar year1 calculated separately for glass1 metal1 and plastic beverage containers4 7d7 ,redemption centers 7#a7 ,in general ,the ,administrator shall approve a redemption center if the ,administrator determines that the redemption center will provide a convenient service to consumers for the return of empty beverage containers4 7#b7 ,requirements ,a redemption center shall-- 7,a7 be staffed and open-- 7i7 each day2 and 7ii7 not less than #aj hours each day2 7,b7 accept-- 7i7 any beverage container2 and 7ii7 not less than #cej beverage containers per person per day2 7,c7 provide-- 7i7 hand counts by staff of the facility2 7ii7 a drop door for consumers who are bottle drop account holders to drop off bags of beverage containers for staff of the facility to count for a fee2 or 7iii7 any other convenient means of receiving beverage containers1 as determined by the ,administrator2 and 7,d7 be sited in a conveniently accessible commercial zone1 unless the ,administrator determines that another location provides substantially equivalent service for consumers4 7#c7 ,factors ,in determining whether to approve a redemption center under paragraph 7#a71 the ,administrator shall consider-- 7,a7 7i7 the location of the redemption center2 and 7ii7 if the redemption center is not located in a commercial zone1 whether the location will have similar return convenience for consumers as a commercial zone location2 7,b7 the category of beverage containers accepted at the redemption center2 7,c7 retailers occupying #e1jjj or more square feet within a redemption center zone that will be served by the redemption center and the distance of the retailers from the redemption center2 7,d7 retailers occupying #e1jjj or more square feet within a redemption center zone that will not be served by the redemption center and the distance of the retailers from the redemption center2 7,e7 days and hours of operation of the redemption center2 7,f7 parking facilities serving the redemption center2 7,g7 evidence showing that the redemption center meets all applicable local ordinances and zoning requirements2 7,h7 the limitation1 if any1 on the number of beverage containers per person per day that the redemption center will accept2 7,i7 #a or more payment methods offered by the redemption center for redeemed beverage containers2 7,j7 the projected volume of beverage container returns at the redemption center as compared to the actual returns at the retailers to be served by the redemption center2 7,k7 a description of how consumers will be notified of the location1 services1 and service hours of the redemption center2 and 7,l7 any other relevant factor that the ,administrator determines to be fundamental to the operation of a redemption center4 7#d7 ,applications 7,a7 ,in general ,any person desiring approval of a redemption center shall submit an application to the ,administrator4 7,b7 ,contents ,an application under subparagraph 7,a7 shall include-- 7i7 the name and address of each person to be responsible for the establishment and operation of the redemption center2 7ii7 the exact location and mailing address of the redemption center2 7iii7 the category of beverage containers that will be accepted at the redemption center2 7iv7 the names and addresses of the retailers occupying #e1jjj or more square feet within a redemption center zone that will be served by the redemption center2 7v7 the names and addresses of the retailers occupying #e1jjj or more square feet within a redemption center zone that will not be served by the redemption center2 7vi7 the distances from the redemption center to the retailers occupying #e1jjj or more square feet within a redemption center zone that will be served2 7vii7 the distances from the redemption center to retailers occupying #e1jjj or more square feet within a redemption center zone that will not be served2 7viii7 the days and hours of operation of the redemption center2 7ix7 a description of parking facilities to serve the redemption center2 7x7 evidence showing that a redemption center meets the zoning requirements and other applicable ,state and local ordinances of the regulating jurisdiction2 7xi7 the limitation1 if any1 on the number of beverage containers per person per day that will be accepted at the redemption center2 7xii7 the #a or more payment methods for redeemed beverage containers2 7xiii7 the projected volume of beverage container returns at the redemption center as compared to the actual returns at the retailers to be served by the redemption center2 7xiv7 a description of how consumers will be notified of the location1 services1 and service hours of the redemption center2 and 7xv7 such additional information as the ,administrator may require4 7#e7 ,annual registration 7,a7 ,in general ,the #a or more persons responsible for the operation of a redemption center approved by the ,administrator under paragraph 7#a7 shall register the redemption center with the ,administrator and pay the fee determined by the ,administrator not later than ,july #a of each calendar year1 which registration shall be in effect for the next calendar year4 7,b7 ,contents ,a registration under subparagraph 7,a7-- 7i7 shall be on a form provided by the ,administrator2 and 7ii7 shall contain1 at a minimum-- 7,i7 a list and exact address of each redemption center that the person is responsible for operating during the next calendar year2 7,,ii7 the fee for each redemption center that the person is responsible for operating during the next calendar year2 and 7,,iii7 such additional information as may be required by the ,administrator4 7,c7 ,withdrawal of approval 7i7 ,in general ,the ,administrator shall withdraw approval of a redemption center if a person responsible for operating the redemption center fails to submit the required information or pay the required fee by ,july #a of each calendar year in accordance with subparagraph 7,a74 7ii7 ,cessation of operations ,on withdraw of approval of a redemption center under clause 7i71 the redemption center shall cease all operations until the person responsible for operating the redemption center submits the required information or required fee to the ,administrator4 7#f7 ,standards of cleanliness for redemption centers ,all persons responsible for the establishment and operation of the redemption center shall at all times use commercially reasonable practices to keep the redemption center premises1 including the parking facilities serving the redemption center1 in accordance with applicable law1 in good repair1 painted1 clean1 well-lighted1 free of litter and trash1 and free of rodents1 vermin1 infestations of insects1 and their harborages or breeding places4 7e7 ,retailers within convenience zones 7#a7 ,in general 7,a7 ,in general ,for each redemption center1 the ,administrator shall specify not less than #a and not more than #b convenience zones4 7,b7 ,determination ,the area of each convenience zone shall be an area surrounding the redemption center that is based1 to the maximum extent practicable1 on the proposal submitted as part of an application for approval of a redemption center under subsection 7d77#a74 7,c7 ,guidelines ,the ,administrator shall establish guidelines for determining the surface area sizes of convenience zones4 7,d7 ,location ,if the ,administrator specifies a second convenience zone for a redemption center under subparagraph 7,a71 any point along the interior border of the second convenience zone shall be not closer to the redemption center than the exterior border of the first convenience zone4 7#b7 ,eligibility ,any retailer doing business within a convenience zone that occupies a space of not less than #e1jjj square feet in a single area may participate in1 be served by1 and be charged the cost of participation in the redemption center in accordance with subsection 7a77#e74 7#c7 ,participating retailers 7,a7 ,first convenience zone ,a retailer described in paragraph 7#b7 within the first convenience zone that participates in1 is served by1 and pays the cost of participation in the redemption center may refuse to accept and to pay the refund value of empty beverage containers4 7,b7 ,second convenience zone ,a retailer described in paragraph 7#b7 within the second convenience zone1 if any1 that participates in1 is served by1 and pays the cost of participation in the redemption center may refuse to accept and to pay the refund value of more than #bd individual empty beverage containers returned by any #a person during any #a day4 7#d7 ,small retailers ,any retailer doing business within a convenience zone that occupies a space of less than #e1jjj square feet in a single area may refuse to accept and to pay the refund value of more than #bd individual empty beverage containers returned by any #a person during any #a day4 7#e7 ,nonparticipating retailers 7,a7 ,in general ,except as provided in subparagraph 7,b71 any retailer doing business within a convenience zone that occupies a space of not less than #e1jjj square feet in a single area and does not participate in and is not served by a redemption center-- 7i7 may refuse to accept and to pay the refund value of more than #cej individual empty beverage containers returned by any #a person during any #a day2 and 7ii7 shall1 beginning on the date on which the redemption center begins accepting beverage containers-- 7,i7 provide services equivalent to the services provided by the redemption center1 including hand counting and drop off service2 7,,ii7 post in each area where beverage containers are received a clearly visible and legible sign that contains the list of services that shall be provided by the retailer under this subparagraph2 and 7,,iii7 provide not less than the greater of-- 7aa7 #b automated reverse vending machines capable of processing metal1 plastic1 and glass beverage containers2 and 7bb7 #a automated reverse vending machine described in item 7aa7 for each #ejj1jjj beverage containers sold by the retailer in the previous calendar year4 7,b7 ,exception 7i7 ,in general ,subject to clause 7ii71 subparagraph 7,a7 shall not apply to a retailer described in that subparagraph that sold fewer than #ajj1jjj beverage containers during the previous calendar year4 7ii7 ,submission ,to be eligible for an exemption under clause 7i71 a retailer shall submit to the ,administrator an application describing the number of beverage containers sold by the retailer during the previous calendar year4 #abjjc4 ,acceptance and retrieval requirements 7a7 ,in general ,except as provided in subsection 7c7-- 7#a7 a retailer or redemption center may not-- 7,a7 refuse to accept from any person any beverage container described in subsection 7b72 or 7,b7 refuse to pay in cash the refund value of a returned beverage container2 and 7#b7 a distributor may not refuse to retrieve from a retailer or redemption center any beverage container that-- 7,a7 has been returned to the retailer or redemption center in accordance with this subtitle2 and 7,b7 is of the category of beverage container1 brand of beverage container1 and size of beverage container distributed by the distributor4 7b7 ,beverage container requirements ,to be eligible for a refund under this subtitle1 a beverage container-- 7#a7 in the case of a refund provided by a retailer1 shall be the category of beverage sold by the retailer2 and 7#b7 shall not-- 7,a7 visibly contain or be contaminated by a substance other than water1 residue of the original contents1 or ordinary dust2 or 7,b7 be damaged to the extent that the brand appearing on the container cannot be identified4 7c7 ,refusal 7#a7 ,in general ,a retailer or redemption center may refuse to accept from a person a beverage container if-- 7,a7 the retailer or redemption center has reasonable grounds to believe that-- 7i7 the beverage container was obtained from or through a distributor without paying the refund value2 or 7ii7 the beverage container has already been redeemed1 such as through a reverse vending process2 or 7,b7 in the case of a retailer that is not within a convenience zone-- 7i7 the beverage container exceeds an applicable limitation described in paragraph 7#b72 and 7ii7 the retailer posts a clearly visible and legible sign describing the applicable limitation described in paragraph 7#b74 7#b7 ,limitations ,a retailer described in paragraph 7#a77;,b7 may refuse to accept under that paragraph-- 7,a7 more than #add individual beverage containers returned by any #a person during any #a day1 if the retailer occupies a space of #e1jjj or more square feet in a single area2 7,b7 more than #ej individual beverage containers returned by any #a person during any #a day1 if the retailer occupies a space of less than #e1jjj square feet in a single area2 or 7,c7 a beverage container if the retailer has not offered that category of beverage container for sale within the #ahj-;day period preceding the attempted return4 7d7 ,notice ,any requirements established under subsections 7b7 and 7c7 shall be posted in each area where beverage containers are received on a clearly visible and legible sign4 7e7 ,refund value ,the refund value for a beverage container shall be not less than #aj cents for each beverage container4 #abjjd4 ,administration 7a7 ,in general ,the ,administrator shall ensure that-- 7#a7 consumers are able to return redeemable beverage containers to retailers or redemption centers2 and 7#b7 redemption centers and retailers are able to return beverage containers to distributors and distributor cooperatives4 7b7 ,regulations 7#a7 ,in general ,not later than #b years after the date of enactment of this subtitle1 the ,administrator shall promulgate regulations to carry out this subtitle4 7#b7 ,review required ,in promulgating or revising regulations pursuant to paragraph 7#a71 the ,administrator shall-- 7,a7 review the minimum refund value established under section #abjjc7;e7 not less frequently than once every #e years2 and 7,b7 revise that value as the ,administrator determines to be appropriate4 7c7 ,accounting 7#a7 ,in general ,not later than ,august #a of each calendar year1 using the beverage container return data provided in section #abjjb7;a77#h71 the ,administrator shall-- 7,a7 calculate for the previous calendar year the percentage of beverage containers returned for the refund value specified by material type2 and 7,b7 post the percentages on the website of the ,environmental ,protection ,agency4 7#b7 ,requirements ,the ,administrator shall calculate return data under paragraph 7#a7-- 7,a7 for each distributor cooperative2 7,b7 for each distributor or importer that does not participate in a distributor cooperative2 and 7,c7 for all distributors and importers4 7d7 ,nondisclosure 7#a7 ,in general ,except for the percentages described in subsection 7c71 in a proceeding for a violation of subsection 7f71 or as provided in paragraph 7#b71 the ,administrator may not disclose any information provided by a distributor1 an importer1 or a distributor cooperative under section #abjjb7;a77#h74 7#b7 ,exception ,the ,administrator may release aggregate data of information described in paragraph 7#a7 in such a manner that does not reveal the sales of any individual distributor4 7e7 ,audit 7#a7 ,in general ,not later than #ahj days after the date on which the ,administrator receives a report required under section #abjjb7;a77#h71 the ,administrator may review or audit the records of1 as applicable1 each reporting distributor cooperative or each reporting distributor or importer that does not participate in a distributor cooperative4 7#b7 ,independent audit ,if in the course of a review described in paragraph 7#a7 the ,administrator determines that an audit of a distributor cooperative1 distributor1 or importer is necessary1 the ,administrator shall require the distributor cooperative1 distributor1 or importer to retain an independent financial audit firm to determine the accuracy of information contained in the report required under section #abjjb7;a77#h74 7#c7 ,costs ,the distributor cooperative1 distributor1 or importer that is the subject of review under this subsection shall pay the costs of an audit under paragraph 7#b74 7#d7 ,limitation ,an audit under paragraph 7#b7 shall be limited to the records described in section #abjjb7;a77#h74 7f7 ,enforcement 7#a7 ,prohibition ,it shall be unlawful for any person that is a distributor1 distributor cooperative1 manufacturer1 importer1 retailer1 or redemption center-- 7,a7 to sell1 use1 import into the ,united ,states1 or distribute any beverage container in commerce except in compliance with this subtitle2 or 7,b7 to fail to comply with this subtitle4 7#b7 ,civil penalty ,any person that violates paragraph 7#a7 shall be subject to a fine in the amount of #ejj for each violation4 7#c7 ,separate violations ,each day on which a person violates paragraph 7#a7 shall be considered a separate violation4 4 7b7 ,conforming amendment ,the table of contents of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija note7 is amended by adding at the end the following3 ,subtitle ,k--,beverage container collection ,sec4 #abjja4 ,definitions4 ,sec4 #abjjb4 ,beverage container recovery programs4 ,sec4 #abjjc4 ,acceptance and retrieval requirements4 ,sec4 #abjjd4 ,administration4 4