The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 053: Beverage Containers; Deposit-Redemption System

• § 1521. Definitions

  As used in this chapter:

  (1) “Beverage” means beer or other malt beverages and mineral waters, mixed wine drink, soda water, and carbonated soft drinks in liquid form and intended for human consumption. “Beverage” also means liquor and ready-to-drink spirits beverage.

  (2) [Repealed.]

  (3) “Container” means the individual and separate bottle, can, or jar composed of glass, aluminum or other metal, polyethylene terephthalate, high density polyethylene, or any combination of those materials, and containing a beverage. This definition does not include beverage containers with a volume greater than three liters.

  (4) “Dealer” means any person, including any operator of a vending machine or retailer, who engages in the sale of beverages in beverage containers to consumers in the State.

  (5) “Deposit initiator” means the first distributor or manufacturer to collect the deposit on a beverage container sold to any person within the State. If no person initiates a deposit, the first distributor in the State shall be the deposit initiator.

  (6) “Distributor” means every person who engages in the sale of beverages in containers to a dealer in this State, including any manufacturer who engages in such sales. Any dealer who sells, at the retail level, beverages in containers without having purchased them from a person otherwise classified as a distributor is a distributor.

  (7) “Fair compensation” means the compensation from the producer responsibility organization to the point of redemption in the amount that covers the point of redemption’s reasonable costs of operating redemption services and a reasonable rate of return.

  (8) “Manufacturer” means every person bottling, canning, packing, or otherwise filling containers for sale to distributors or dealers.

  (9) “Mixed wine drink” means a beverage containing wine and more than 15 percent added plain, carbonated, or sparkling water and that contains added natural or artificial blended material, such as fruit juices, flavors, flavoring, adjuncts, coloring, or preservatives; a beverage that contains not more than 16 percent alcohol by volume; or another similar product marketed as a wine cooler.

  (10) “Point of redemption” means a location included in the plan adopted under section 1532 of this title that redeems beverage containers under this chapter. A point of redemption includes manually sorting containers, mechanically sorting containers, and bag drops.

  (11) “Point of redemption with immediate return of deposit” means a point of redemption that immediately provides a person with a deposit when a beverage container is presented for redemption.

  (12) “Recycling” means the process of sorting, cleansing, treating, and reconstituting waste and other discarded materials for the purpose of reusing the materials in the same or altered form.

  (13) “Redemption center” means a store or other location where any person may, during normal business hours, redeem the amount of the deposit for any empty beverage container labeled or certified pursuant to section 1524 of this title.

  (14) “Redemption rate” means the number of beverage containers redeemed for the deposit divided by the number of beverage containers sold and may not include in its calculation any unredeemed beverage containers collected or processed by municipal or other recycling programs.

  (15) “Retailer” means a store or other licensed entity, including vending machines, where containers are sold at the retail level for off-premise consumption.

  (16) “Secretary” means the Secretary of Natural Resources.

  (17) “Liquor” means spirits as defined in 7 V.S.A. § 2. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 1; 1983, No. 171 (Adj. Sess.), § 2; 1987, No. 76, § 18; 1987, No. 261 (Adj. Sess.), §§ 1, 2, eff. July 1, 1989; 2005, No. 128 (Adj. Sess.), § 1; 2021, No. 177 (Adj. Sess.), § 35, eff. July 1, 2022; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1522. Beverage containers; deposit

  (a) Except with respect to beverage containers that contain liquor, a deposit of five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. With respect to beverage containers of volume greater than 50 ml that contain liquor, a deposit of 15 cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage container. The difference between liquor bottle deposits collected and refunds made is hereby retained by the Liquor Control Enterprise Fund for administration of this subsection.

  (b) A retailer or a person operating a redemption center who redeems beverage containers shall be reimbursed by the deposit initiator of the beverage containers in an amount that is four and one-half cents per container for containers of beverage brands that are part of a commingling program and five cents per container for containers of beverage brands that are not part of a commingling program. Beginning on March 1, 2029, a retailer or a person operating a redemption center shall be reimbursed for beverage containers that are covered by a stewardship plan approved by the Secretary under this chapter according to the fair compensation requirements of the plan.

  (c) [Repealed.]

  (d) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 2; 1979, No. 132 (Adj. Sess.), § 1; 1987, No. 261 (Adj. Sess.), § 3, eff. Jan. 1, 1990; 1991, No. 245 (Adj. Sess.), § 272; 1999, No. 49, § 193; 2005, No. 128 (Adj. Sess.), § 2; 2007, No. 123 (Adj. Sess.), § 2; 2017, No. 83, § 143; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1522a. Repealed. 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.

  (Added 2007, No. 123 (Adj. Sess.), § 1; repealed by 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1523. Acceptance of beverage containers [Effective until March 1, 2029; see also § 1523 effective March 1, 2029, set out below]

  (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, labeled in accordance with section 1524 of this title, of the kind, size, and brand sold by the retailer, and a retailer or a redemption center shall not refuse to pay to a person the refund value of a beverage container as established by section 1522 of this title, except as provided in subsection (b) or (c) of this section.

  (2) A manufacturer or distributor shall not refuse to pick up from a retailer that sells its product or a person operating a certified redemption center any empty beverage containers, labeled in accordance with section 1524 of this title, 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 that serve the public need.

  (c) A retailer or a person operating a redemption center may refuse to redeem beverage containers that are not clean or are broken and shall not redeem beverage containers that are not labeled in accordance with section 1524 of this title.

  (d)-(f) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 4; 1983, No. 171 (Adj. Sess.), § 3; 2005, No. 128 (Adj. Sess.), § 3; 2007, No. 123 (Adj. Sess.), § 3; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1523. Acceptance of beverage containers [Effective March 1, 2029; see also § 1523 effective until March 1, 2029, set out above]

  (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, labeled in accordance with section 1524 of this title, and a retailer or a redemption center shall not 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) or (c) of this section.

  (2) The producer responsibility organization shall not refuse to pick up from a point of redemption included in the stewardship plan empty beverage containers, labeled in accordance with section 1524 of this title, or refuse to pay the point of redemption the refund value of a beverage container as established by section 1522 of this title.

  (b)(1) A retailer may refuse to redeem beverage containers if a stewardship plan that meets the requirements of section 1532 of this title has been implemented by the producer responsibility organization in the State and the retailer’s building is less than 5,000 square feet.

  (2) A manufacturer that sells directly to a consumer from a retail location may refuse to redeem beverage containers if the retail location where the manufacturer or distributor sells beverage containers is less than 5,000 square feet.

  (c) A point of redemption or producer responsibility organization shall refuse to redeem beverage containers that are not clean, are broken, are not labeled in accordance with section 1524 of this title, were known to have been purchased out of State, have already been redeemed, or are not registered with the producer responsibility organization pursuant to subsection 1531(d) of this title.

  (d)-(f) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 4; 1983, No. 171 (Adj. Sess.), § 3; 2005, No. 128 (Adj. Sess.), § 3; 2007, No. 123 (Adj. Sess.), § 3; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026; 2025, No. 158 (Adj. Sess.), § 2, eff. March 1, 2029.)

• § 1524. Labeling

  (a)(1) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing on the normal product label, imprinting on the normal product label, or other approved method secured to the container the word “Vermont” or the letters “VT” and the refund value of the container in not less than one-eighth inch type size or such other alternate indications as may be approved by the Secretary.

  (2) The label shall be on the top lid of the beverage container, the side of the beverage container, or in a clearly visible location on the beverage container. This subsection does not prohibit including names or abbreviations of other states with deposit legislation comparable to this chapter.

  (b) The Commissioner of Liquor and Lottery may allow, in the case of liquor bottles, a conspicuous, adhesive sticker to be attached to indicate the deposit information required in subsection (a) of this section, provided that the size, placement, and adhesive qualities of the sticker are as approved by the Commissioner. The stickers shall be affixed to the bottles by the manufacturer, except that liquor that is sold in the State in quantities less than 100 cases per year may have stickers affixed by personnel employed by the Division of Liquor Control.

  [Subsection (c) effective until July 1, 2027; see also subsection (c) effective July 1, 2027, set out below.]

  (c) This section shall not apply to permanently labeled beverage containers.

  [Subsection (c) effective July 1, 2027; see also subsection (c) effective until July 1, 2027, set out above.]

  (c) Every beverage container sold or offered for sale in the State shall contain a Universal Product Code and a barcode displayed on the container.

  (d) [Repealed.] (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 5, eff. Sept. 1, 1975; 1979, No. 132 (Adj. Sess.), § 2; 1983, No. 171 (Adj. Sess.), § 4; 1989, No. 175 (Adj. Sess.), §§ 1-3; 1989, No. 286 (Adj. Sess.), § 6; 1991, No. 97, eff. June 27, 1991; 2005, No. 128 (Adj. Sess.), § 5; 2019, No. 73, § 21; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026 and July 1, 2027.)

• § 1525. Prohibitions

  (a)(1) No beverage shall be sold or offered for sale at retail in this State:

  (A) in a metal container designed and constructed so that part of the container other than a piece of pressure sensitive tape is detachable in opening the container; or

  (B) in containers connected to each other with plastic rings or similar devices that are not classified as biodegradable by the Secretary.

  (2) For the purposes of this subsection only, the word “beverage” includes all drinks sold in liquid form intended for human consumption, whether or not specifically listed in section 1521 of this chapter.

  (b) The Secretary of Natural Resources may exempt specific products from subdivision (a)(1) of this section for so long as existing technology does not permit compliance for those products.

  (c) No distributor shall sell or offer for sale in this State a brand of beverage in a beverage container labeled as provided in subsection 1524(a) of this title if that distributor sells that beverage container containing that brand in a state that does not have a deposit-redemption system similar to the one established by this chapter and that is adjacent to this State. A distributor that violates this subsection is prohibited from selling or offering those beverages for sale in this State until the violation is corrected.

  (d) No person shall knowingly attempt to redeem a container to a retailer or a redemption center for deposit return if that container was purchased outside this State. (Added 1971, No. 252 (Adj. Sess.), § 1; amended 1975, No. 105, § 6, eff. Jan. 1, 1977; 1979, No. 63, § 1, eff. Jan. 1, 1981; 1987, No. 261 (Adj. Sess.), § 4, eff. Jan. 1, 1990; 2005, No. 128 (Adj. Sess.), § 4; 2019, No. 14, § 37, eff. April 30, 2019.)

• § 1526. Educational program

  (a) State informational material such as travel pamphlets, road maps, and similar publications submitted for printing on or after July 1, 1975 shall bear information relating to this chapter. This information shall take the form of a standard public statement relating to the deposit law provided by the Secretary.

  (b) The Agency of Education may incorporate information on this chapter in educational material which it normally distributes to primary and secondary educational institutions within the State. The Agency may cooperate with the Agency of Natural Resources in distributing any additional informative material on this chapter to schools in the State. (Added 1975, No. 105, § 7; amended 1987, No. 76, § 18; 2013, No. 92 (Adj. Sess.), § 254, eff. Feb. 14, 2014.)

• § 1527. Redemption of liquor bottles

  Notwithstanding any other provision of this chapter to the contrary, redemption of beverage containers of volume greater than 50 ml that contain liquor shall be subject to the following requirements:

  (1) Deposit. Beverage containers subject to this section shall have a deposit of 15 cents on each container sold at the retail level and returned to the consumer upon return of the empty beverage container.

  (2) Handling fee. Distributors of beverage containers subject to this section shall pay a point of redemption that redeems a beverage container four and one-half cents per container.

  (3) Redemption. A retailer shall not refuse to accept beverage containers subject to this section or refuse to pay a person the refund value established by subdivision (1) of this section for any container unless the container is not clean, broken, or has an exemption issued by the Secretary. The Department of Liquor and Lottery shall not refuse to pick up empty beverage containers subject to this section, pay the refund value, or pay the handling fee to a retailer or redemption center subject to this section.

  (4) Coordination with producer responsibility organization. The Department of Liquor and Lottery may coordinate with and compensate the producer responsibility organization to collect beverages containers subject to this section at points of redemption that are a part of the collection plan developed by the producer responsibility organization. Containers collected at these points of redemption shall not be subject to the handling fee established by subdivision (2) of this section.

  (5) Performance goals and reporting. The Department of Liquor and Lottery shall be subject to the redemption rate goals established in section 1534 of this title for beverage containers containing liquor. Beginning on January 15, 2027, and annually thereafter, the Commissioner of Liquor and Lottery shall report to the Secretary of Natural Resources:

  (A) the amount and tonnage of liquor bottles that the Department of Liquor and Lottery collected in the previous calendar year; and

  (B) the redemption rate for liquor bottles in the previous calendar year. (Added 1975, No. 105, § 8; amended 2023, No. 79, § 11, eff. July 1, 2023; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1528. Beverage registration [Repealed effective March 1, 2029]

  No distributor or manufacturer shall sell a beverage container in the State of Vermont without the manufacturer registering the beverage container with the Agency of Natural Resources prior to sale, unless distributed by the Department of Liquor and Lottery. This registration shall take place on a form provided by the Secretary and include the following:

  (1) the name and principal business address of the manufacturer;

  (2) the name of the beverage and the container size;

  (3) whether the beverage is a part of an approved commingling agreement; and

  (4) the name of the person picking up the empty beverage container, if that person is different from the manufacturer. (Added 2007, No. 123 (Adj. Sess.), § 4; amended 2019, No. 73, § 22; 2025, No. 158 (Adj. Sess.), § 8, eff. March 1, 2029.)

• § 1528. Repealed. 2025, No. 158 (Adj. Sess.), § 8, eff. March 1, 2029.

  (Added 2007, No. 123 (Adj. Sess.), § 4; amended 2019, No. 73, § 22; 2025, No. 158 (Adj. Sess.), § 8, eff. March 1, 2029.)

• § 1529. Redemption center certification [Repealed effective March 1, 2029]

  A person operating a redemption center shall obtain a certification from the Secretary. A redemption center certification shall include the following:

  (1) Specification of the name and location of the facility.

  (2) Additional conditions, requirements, and restrictions as the Secretary may deem necessary to implement the requirements of this chapter. This shall include requirements concerning reporting, recording, and inspections of the operation of the site. (Added 2007, No. 123 (Adj. Sess.), § 4; amended 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026; repealed by 2025, No. 158 (Adj. Sess.), § 8, eff. March 1, 2029.)

• § 1530. Abandoned beverage container deposits

  (a) Beginning on January 1, 2020, and quarterly thereafter, every deposit initiator shall report to the Secretary of Natural Resources and the Commissioner of Taxes. The report shall be submitted on or before the 25th day of the calendar month succeeding the quarter ending on the last day of March, June, September, and December each year. The deposit initiator shall submit the report on a form provided by the Commissioner of Taxes. The report shall include:

  (1) the number of beverage containers sold in the preceding quarter and the number of beverage containers returned in the preceding quarter;

  (2) the amount of beverage container deposits received by the deposit initiator;

  (3) the amount of refund payments made in the preceding quarter; and

  (4) any additional information required by the Commissioner of Taxes.

  (b)(1) On or before January 1, 2020, and quarterly thereafter, at the time a report is filed pursuant to subsection (a) of this section, each deposit initiator shall remit to the Commissioner of Taxes any abandoned beverage container deposits from the preceding quarter. The amount of abandoned beverage container deposits for a quarter is the amount equal to the amount of deposits that the deposit initiator collected in the quarter less the amount of the total refund value paid out by the deposit initiator for beverage containers during the quarter.

  (2) In any calendar quarter, the deposit initiator may submit to the Commissioner of Taxes a request for reimbursement of refunds paid under this chapter that exceed the amount of deposits collected in the quarter. The Commissioner of Taxes shall pay a request for reimbursement under this subdivision from the funds remitted to the Commissioner under subdivision (1) of this subsection, provided that:

  (A) the Commissioner determines that the deposits collected by the deposit initiator are insufficient to pay the refunds on returned beverage containers; and

  (B) a reimbursement paid by the Commissioner to the deposit initiator shall not exceed the amount paid by the deposit initiator under subdivision (1) of this subsection (b) less amounts paid to the initiator pursuant to this subdivision (2) in the previous four quarterly filings.

  (3) Except as expressly provided otherwise in this chapter, all the administrative provisions of 32 V.S.A. chapter 151, including those relating to collection, enforcement, interest, and penalty charges, shall apply to the remittance of abandoned beverage container deposits.

  (4) A deposit initiator may within 60 days after the date of mailing of a notice of deficiency, the date of a full or partial denial of a request for reimbursement, or the date of an assessment petition the Commissioner of Taxes in writing for a hearing and determination on the matter. The hearing shall be subject to and governed by 3 V.S.A. chapter 25. Within 30 days after a determination, an aggrieved deposit initiator may appeal a determination by the Commissioner of Taxes to the Washington Superior Court or the Superior Court of the county in which the deposit initiator resides or has a place of business.

  (5) Notwithstanding any appeal, upon finding that a deposit initiator has failed to remit the full amount required by this chapter, the Commissioner of Taxes may treat any refund payment owed by the Commissioner to a deposit initiator as if it were a payment received and may apply the payment in accordance with 32 V.S.A. § 3112.

  (c) The Secretary of Natural Resources may prohibit the sale of a beverage that is sold or distributed in the State by a deposit initiator who fails to comply with the requirements of this chapter. The Secretary may allow the sale of a beverage upon the deposit initiator’s coming into compliance with the requirements of this chapter.

  (d) Data reported to the Secretary of Natural Resources and the Commissioner of Taxes by a deposit initiator under this section shall be confidential business information exempt from public inspection and copying under 1 V.S.A. § 317(c)(9) but shall not be confidential return information under 32 V.S.A. § 3102, provided that the Commissioner of Taxes may use and disclose such information in summary or aggregated form that does not directly or indirectly identify individual deposit initiators except to the Secretary of Natural Resources in relation to the administration of this chapter. (Added 2017, No. 208 (Adj. Sess.), § 4a, eff. May 30, 2018; amended 2019, No. 62, § 8, eff. June 17, 2019; 2019, No. 175 (Adj. Sess.), § 21, eff. Oct. 8, 2020; 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1531. Manufacturer and distributor participation in producer responsibility organization

  [Subsection (a) effective July 1, 2027.]

  (a) No deposit initiator shall sell or distribute a beverage container in this State without participating in a Secretary-approved producer responsibility organization.

  (b) On or before January 1, 2027, the deposit initiator of beverage containers sold or distributed within the State shall apply to the Secretary to form a producer responsibility organization to fulfill the requirements of deposit initiators under this chapter.

  (c) The Secretary may approve, for a period not longer than 10 years, the producer responsibility organization, provided that:

  (1) the producer responsibility organization or its subsidiary is registered under 26 U.S.C. § 501(c)(3) as a nonprofit entity;

  (2) the producer responsibility organization has the capacity to administer the requirements of a stewardship plan required by section 1532 of this title; and

  (3) the producer responsibility organization does not create any unreasonable barriers to joining the producer responsibility organization and shall take into the consideration the needs of small manufacturers that do not generate a significant volume of containers.

  (d) After approval, the producer responsibility organization shall maintain a website that identifies:

  (1) the name and principal business address of each manufacturer or distributor participating in the producer responsibility organization;

  (2) the name of each beverage and the container size covered by the stewardship plan; and

  (3) for each beverage container subject to the plan, a Universal Product Code and a barcode shall be displayed on the container.

  (e) The producer responsibility organization may charge fees to deposit initiators to cover the costs of administration and implementation of this chapter. Deposit initiators shall pay all fees required by the producer responsibility organization and provide any data required by the producer responsibility organization. If a deposit initiator fails to meet these requirements, the producer responsibility organization may remove it from the producer responsibility organization.

  (f) If the producer responsibility organization fails to implement the requirements of this chapter, the rules adopted by the Secretary, or an approved stewardship plan, the Secretary may dissolve the producer responsibility organization.

  (g) If no producer responsibility organization is formed, the Secretary shall either require the formation of the producer responsibility organization or adopt and administer a plan that meets the requirements of section 1532 of this title. If the Secretary administers the plan adopted under section 1532 of this title, the Secretary shall charge each deposit initiator the costs of plan administration, the Agency’s oversight costs, and a recycling market development assessment of 25 percent of the plan’s total cost to be deposited in the Solid Waste Management Assistance Account of the Waste Management Assistance Fund, for the purpose of providing grants to develop markets to recycle materials.

  (h) The producer responsibility organization shall reimburse the Secretary for the costs of overseeing the administration of the program under this chapter as follows:

  (1) The Secretary shall annually provide an estimate of the costs of overseeing the administration of the program to the producer responsibility organization, including staff costs, compliance, and oversight of the system.

  (2) The producer responsibility organization shall provide any comments to the Secretary’s budget within 30 days following receipt. The Agency of Natural Resources shall respond to all comments provided by the producer responsibility organization and may make changes to its budget in response to those comments. These comments and the responses shall be provided to the General Assembly as a part of the Secretary’s budget.

  (3) Reimbursement of Agency of Natural Resources costs under this subsection shall be subject to the State budgeting process, and the producer responsibility organization shall not be required to reimburse any Agency cost unless that cost is approved as a part of the Agency’s budget.

  (i) Manufacturers and distributors of liquor are exempt from the requirements of this section and the requirement to implement a stewardship plan under section 1532 of this title. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026 and July 1 , 2027.)

• § 1532. Stewardship plan; minimum requirements

  (a) Plan elements. On or before April 1, 2028, an approved producer responsibility organization shall submit a stewardship plan to the Secretary. A stewardship plan shall, at a minimum, meet all of the following requirements of this section:

  (1) Convenience of collection.

  (A) A plan shall ensure that consumers have convenient opportunities to redeem beverage containers. The plan shall take reasonable efforts to site points of redemption equitably across all regions of the State to allow for convenient and reasonable access of all Vermonters to redemption opportunities. A plan shall document how redemption services will be available to consumers as follows:

  (i) at least three points of redemption per county, at least one of which provides an immediate return of a deposit to a consumer;

  (ii) at least one point of redemption per municipality with a population of 7,000 or more persons that provides an immediate return of a deposit to a consumer unless the Secretary determines that requiring an immediate return of deposit would create an impediment to effective redemption under the plan; and

  (iii) how sites of redemption are or will be sited in areas with high population density or located in centers designated under 24 V.S.A. chapter 76A.

  (B) The producer responsibility organization may propose in its plan to remove retail redemption locations required by subdivision 1523(a)(2) of this title. When proposing to remove these retail locations, the producer responsibility organization shall document how the location is adequately served by other points of redemption. The Secretary shall not approve any reduction that reduces the points of redemption below the levels required under subdivisions (A)(i) and (ii) of this subdivision (a)(1). The Secretary may require additional points of redemption based on the location of proposed or existing points of redemption, shopping patterns, and the convenience of redeeming beverage containers.

  (C) The producer responsibility organization may not use only single-feed reverse vending machines or only mobile points of redemption as the point of redemption to satisfy the requirement under subdivision (A)(i) of this subdivision (a)(1) except where the producer responsibility organization documents that the population and retail density of the county is adequately served by the use of these forms of collection.

  (D) The producer responsibility organization shall ensure that points of redemption have the operational capacity to redeem beverage containers. This includes training on the use of equipment, providing service of equipment in a reasonable time if there are issues, and providing pick-up of collected containers from the point of redemption in a reasonable period from receiving a request.

  [Subdivision (a)(2)(A) effective until July 1, 2030; see also subdivision (a)(2)(A) effective July 1, 2030, set out below.]

  (2) Fair operation and compensation to redemption centers. The plan shall satisfy all of the following requirements:

  (A) The plan shall describe how all locations that redeem beverage containers are fairly compensated for their participation in the collection program provided that the producer responsibility organization shall pay each location that redeems beverage containers:

  (i) four and one-half cents per container for all other means of redemption at a location; or

  (ii) according to a separate compensation agreement negotiated between a redemption location or a group of redemption locations that redeems beverage containers and the producer responsibility organization.

  [Subdivision (a)(2)(A) effective July 1, 2030; see also subdivision (a)(2)(A) effective until July 1, 2030, set out above.]

  (A) The plan shall describe how all locations that redeem beverage containers are fairly compensated for their participation in the collection program. The producer responsibility organization and a redemption location or groups of redemption locations shall negotiate how the redemption location or locations shall be compensated for collection of containers under the plan.

  (B) There shall not be barriers to the participation in the collection program for a redemption center, except for restrictions that are authorized by the Secretary.

  (C) The plan shall describe how management and sorting of containers at points of redemption is minimized. The plan shall document how brand sorting will be eliminated at points of redemption.

  (D) The plan shall describe how materials will be picked up from points of redemption on a timely basis.

  (E) The plan shall maximize the use of existing infrastructure, when establishing points of redemption under subdivision (1) of this subsection (a).

  (F) Consistent with guidelines developed by the Secretary, the producer responsibility organization shall use binding dispute resolution to resolve any disputes that arise surrounding negotiation of separate compensation agreements between the producer responsibility organization and points of redemption. This process shall be implemented using a neutral third-party decision maker agreed to by all parties.

  (G) After the plan is effective for two years and six months, the producer responsibility organization shall submit a report on fair compensation to the Secretary. The report shall either describe how the producer responsibility organization has adjusted compensation for points of redemption or document why such an adjustment is not necessary.

  (3) Redemption amount. The producer responsibility organization or a point of redemption operating under the plan shall pay a person presenting a beverage container for redemption the refund value of the beverage container as established by section 1522 of this title.

  (4) Collection location standards. All locations that provide for redemption of beverage containers shall:

  (A) provide timely redemption services that limit the need for persons redeeming containers to wait for redemption services;

  (B) be at sites that are secure, sufficiently lighted, and managed to ensure the safety of persons redeeming containers at a location;

  (C) be open and accepting beverage containers:

  (i) in the case of a fixed point of redemption, at least 35 hours per week, including six consecutive hours on Saturday; or

  (ii) in the case of a mobile point of redemption, at least 15 hours per week, including at least four consecutive hours on Saturday; and

  (D) comply with all applicable laws related to the collection, transportation, and disposition of mandated recyclables.

  (5) Education to consumers. The plan shall describe what education efforts will be undertaken to increase the number of beverage containers redeemed in the State.

  (6) Consultation with stakeholders. The producer responsibility organization shall consult with stakeholders on the development of the plan. The plan shall include processes for regular consultation, which shall take place not less than annually, with stakeholders, including the Agency, redemption centers, municipal and private recycling organizations, bag drop and reverse vending technology providers, and other stakeholders. Prior to submitting a proposed plan to the Agency, the producer responsibility organization shall allow the public to comment on the proposed plan. The producer responsibility organization shall either make changes in response to those comments or provide a written response on why the change was not made to the stakeholders and the Agency.

  (7) The Agency shall publish the proposed and final approved plan on the Agency’s website.

  (b) Reporting. At a frequency required by the Secretary but not less than annually, the producer responsibility organization shall report the following to the Secretary:

  (1) the name, address, and business hours of each redemption center participating in the approved stewardship plan and the number of redemption centers added to or removed from the plan over the preceding year;

  (2) the amount, in containers and tons, and material type of beverage containers redeemed under the plan and the redemption rate of beverage containers;

  (3) the location and amount of beverage container material that was recycled and what products that beverage container material was recycled into;

  (4) the carbon impacts associated with the administration of the stewardship plan;

  (5) the costs associated with administration of the stewardship plan, including the costs of collection, management, and transportation of redeemed containers and the amount received for commodities;

  (6) a description of any improvements made in the reporting year to increase ease and convenience for consumers to return beverage containers for redemption;

  (7) efforts taken by or on behalf of the manufacturer or distributor to reduce environmental impacts throughout the product life cycle and to increase reusability or recyclability at the end of the life cycle by material type;

  (8) efforts taken by or on behalf of the producer responsibility organization to improve the environmental outcomes of the program by improving operational efficiency, such as reduction of truck trips through improved material handling or compaction or the increased use of refillable containers in a local refilling system;

  (9) a description and copies of educational materials and educational strategies the producer responsibility organization uses for the purposes of this program; and

  (10) any additional information required by the Secretary.

  (c) Review of stewardship plan.

  (1) Within 90 days after receipt of a plan submitted under this section, the Secretary shall review the plan and determine whether to approve the plan, deny the plan, or require an amendment to the plan. The Secretary may amend or add conditions to the plan as a part of the approval. The plan shall be approved after concluding that the plan meets the criteria established in this section and the elements of the plan will maximize diversion of recyclable materials, provide convenience to users, and create a more circular economy. If the plan is denied, the Secretary shall provide a basis for that denial and the producer responsibility organization shall submit a revised plan addressing these issues within 60 days following the notice of denial.

  (2) At least six months prior to the expiration of the plan, the producer responsibility organization shall submit a renewal to the stewardship plan. Renewals shall address all elements considered in the original plan and shall be considered in the same manner as an original plan. The Secretary shall issue a final determination on an application for renewal not later than 90 days before the expiration of the plan.

  (3) The Secretary’s approval pursuant to this subsection shall be for a period not greater than five years.

  (d) Plan implementation. The producer responsibility organization shall implement the approved plan on March 1, 2029.

  (e) Revision of stewardship goals. If the producer responsibility organization fails to meet the beverage container redemption rate in section 1534 of this title for all other beverage containers, the Secretary may require the producer responsibility organization to implement activities to enhance the rate of redemption, including additional public education and outreach, additional redemption sites, or additional redemption opportunities. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026; amended 2025, No. 158 (Adj. Sess.), § 7, eff. July 1, 2030.)

• § 1533. Program and fiscal audit

  (a) Program audit. Beginning on October 1, 2033, and every five years thereafter, the producer responsibility organization shall conduct an independent third-party program audit of the operation of the stewardship plan. The program audit shall examine how the product stewardship organization compensates redemption centers as a part of its report. The audit shall make recommendations to improve the operation of the collection program established by this chapter, including any recommendation to the compensation structure for redemption centers.

  (b) Fiscal audit. Beginning on October 1, 2030, and annually thereafter, the producer responsibility organization shall conduct an independent third-party fiscal audit of the program. The fiscal audit shall provide a transparent fiscal analysis of the producer responsibility organization, its expenditures, the number of beverage containers collected, and the amount of unclaimed deposits. The audit shall also provide the redemption rate of beverage containers redeemed in the State. The Secretary shall approve the audit results and the redemption rate of beverage containers included in the audit.

  (c) Submission to Secretary. The results of each audit required under subsections (a) and (b) of this section shall be submitted to the Secretary for purposes of reviewing performance of the stewardship plan and for oversight of the requirements of this chapter. (Added 2025, No. 165 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1534. Beverage container redemption rate goal; report

  (a) It is a goal of the State that the following minimum beverage container redemption rates shall be satisfied by the specified dates:

  (1) Beginning on July 1, 2030: 75 percent.

  (2) Beginning on July 1, 2033: 80 percent.

  (b)(1) Beginning on December 1, 2030, and annually thereafter, the Secretary of Natural Resources shall submit to the House Committees on Environment and on Ways and Means and the Senate Committees on Natural Resources and Energy and on Finance a written report containing the current beverage container redemption rate in the State for the following two categories of beverage containers:

  (A) liquor bottles; and

  (B) all other beverage containers.

  (2) Each annual report submitted under subdivision (1) of this subsection shall include a recommendation of whether the beverage container deposit for either of the beverage container categories should be increased to improve redemption of that category of beverage container. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1535. Rulemaking

  The Secretary may adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

• § 1536. Antitrust; conduct authorized

  (a) Activity authorized. A manufacturer, distributor, group of manufacturers or distributors, or producer responsibility organization implementing or participating in an approved collection plan under this chapter for the collection, transport, processing, and management of beverage containers is individually or jointly immune from liability for conduct under State laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce under 9 V.S.A. chapter 63, subchapter 1 to the extent that the conduct is reasonably necessary to plan, implement, and comply with the producer responsibility organization’s chosen system for beverage containers.

  (b) Limitations on antitrust activity. Subsection (a) of this section shall not apply to an agreement among manufacturers, distributors, groups of manufacturers or distributors, retailers, wholesalers, or the producer responsibility organization affecting the price of beverage containers or any agreement restricting the geographic area in which or customers to whom beverage containers shall be sold. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)