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Governor Signs SB 75 Into Law

Posted by on April 6th, 2013 with Comments Off

Legislature, 2013 Session -- Signing Picture SB 75 Plastic PalletsTopeka – Kansas Governor Sam Brownback signed 11 bills into law Friday afternoon, bringing the total number of bills signed by the governor during the 2013 Legislative Session to 46.

SB 75, which prohibits a recycler from purchasing plastic pallets without first obtaining certain information about the seller and details about the containers, was one of the 11 bills. Here is the link to the press release.
SB 75 prohibits a recycler from purchasing “plastic bulk merchandise containers” without first obtaining information about:

  • The seller’s proof of ownership;
  • The seller’s name, address, telephone number, and government identification number;
  • A description of the containers, including the number to be sold; and
  • The date of the transaction

The bill provides two exemptions to this prohibition:

  • The number of sold containers is less than five; or
  • The containers, regardless of quantity, are deposited voluntarily by a resident or commercial entity for a recycling or refuse hauler to collect without receipt of payment to the customer.

Recyclers could not pay for plastic bulk merchandise containers with cash, and they are required to make a record of the payment method used.

Click to see more information about the bill.

Click to see more information about the bill.

Violation of the bill results in a civil penalty, not exceeding $10,000 for each instance. Civil penalties obtained by the Attorney General are deposited into the State General Fund, and penalties obtained by county or district attorneys are deposited into the county’s general fund. The bill defines “plastic bulk merchandise container” to mean a plastic crate, pallet, or shell used by a product producer, distributor, or retailer for the bulk transportation or storage of retail containers of milk, eggs, bakery items, or bottled beverage products.

The plastic pallet theft protection bill was introduced at the request of the Kansas Beverage Association. The Kansas Food Dealers Association and Retail Grocers Association also supported the bill. KBA Executive Director, Ron Hein, Patrick O’Donnell of Pepsi-Cola Bottling Company and Todd Roberts with Dr. Pepper Snapple Group testified in support of the bill. Randy Downing also provided written testimony. The National Solid Wastes Management Association and Waste Management Company testified as opponents to the bill, because they believed the bill could impact their curb-side recycle programs. These concerns were addressed with a compromise amendment that was worked out in committee so that the commercial and residential curb-side recycling process would be specifically excluded. The bill passed the Senate on a Final Action vote of 40-0 and the House on a Final Action vote of 101-18.
The bill becomes law on July 1, 2013.

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