40 Pa. Code § 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 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).
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