§ 5.43. Proof of recycling.
(a) Under section 491(5) of the Liquor Code (47 P.S. § 4-491(5)), restaurant, hotel and club liquor licensees are required to break any package in which liquors were contained (‘‘liquor packages’’), except those decanter packages that the Board determines to be decorative, within 24 hours after the contents of the package have been removed, unless the licensee participates in either a municipal recycling program or a voluntary recycling program.
(b) If a licensee participates in a recycling program, the licensee must deface, prior to recycling, the labels of all packages that are not broken. The labels must be defaced with a permanent marker or some other, similar, permanent defacement that will discourage the theft of the bottles for unlawful re-use.
(c) The licensee shall provide proof in writing of participation in such a program upon demand of the Bureau of Liquor Control Enforcement of the Pennsylvania State Police. This subsection establishes what constitutes ‘‘proof in writing.’’
(1) The licensee must be able to provide written proof that the municipal or voluntary recycling program accepts the kind of liquor packages (such as glass) that the licensee recycles. This written proof may be a pamphlet or printed pages from the recycling program’s web site or something similar.
(2) If the licensee pays for a municipal or private entity to pick up its recycling, the licensee must retain a copy of the receipts, bills or invoices paid by the licensee to the municipal or private entity as ‘‘proof in writing.’’
(3) If the licensee voluntarily participates in a recycling program by taking recyclable liquor packages to a drop off location, the licensee must maintain, for each calendar year, a statement containing the following information:
(i) Name and address of the licensee.
(ii) Type of liquor packages recycled.
(iii) Details on each delivery of recycled liquor packages, including the date of delivery, time of delivery, who delivered the recycled liquor packages, what was delivered and the approximate weight or quantity of recycled liquor packages.
(iv) A verification by the licensee’s representative that the information provided is true and complete to the best of the representative’s knowledge and belief and that the licensee’s representative understands that the statements made are subject to the penalties set forth in 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). This statement should be followed by the signature of the licensee’s representative and the date the signature was made.
(4) In addition to the statement required by subsection (c)(3), a licensee who takes recyclable liquor packages to a drop off location must also keep a copy of at least two of the following records from the municipality with oversight of the drop off location:
(i) The name, location and hours of operation of the recycling facility where the licensee disposes recyclable liquor packages.
(ii) A copy of the recycling registration or documentation required by a municipality.
(iii) A municipal waste newsletter or circular.
(iv) An e-mail, letter or memorandum from its municipality that explains what may be recycled and where recyclable liquor packages may be dropped off.
(v) Municipal recycling maps of drop-off locations for recyclable material.
(vi) A municipal recycling collection schedule or calendar.
(vii) Other printed or online materials provided by a municipality regarding municipal waste management.
(d) These records shall be maintained as part of the licensee’s operating records required to be kept for 2 years in accordance with section 493(12) of the Liquor Code (47 P.S. § 4-493(12)).
Authority The provisions of this § 5.43 added under section 207(i) of the Liquor Code (47 P.S. § 2-207(i)).
Source The provisions of this § 5.43 adopted May 21, 2021, effective May 22, 2021, 51 Pa.B. 2927.
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