Beverage Container Deposit Law, 5759-1999
חוק הפיקדון על מכלי משקה, תשנ"ט-1999
Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More
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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.
The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.
This translation is provided for informational purposes only and does not constitute legal advice. For use in legal proceedings, request a certified Expert Legal Opinion.
Definitions§
In this Law –
"business premises" means a place in which beverage containers or large beverage containers are sold;
"arrears" and "shekel interest" – as defined in the Interest and Price Indexation Law;
"the Commissioner" means a State employee appointed by the Minister in accordance with the provisions of section 9;
"Interest and Price Indexation Law" means the Interest and Price Indexation Law, 5721-1961;
"importer" means a person who imports full beverage containers or full large beverage containers, excluding importation for personal use;
"manufacturer" means a person engaged in the manufacture of beverage containers filled with a beverage or large beverage containers filled with a beverage, or in the filling with a beverage of empty beverage containers or empty large beverage containers, whether by that person or by others;
"beverage container" means a receptacle in which a beverage, other than milk and milk products, is marketed, whether full or empty, made of any material, with a capacity of 0.1 litres or more and less than 1.5 litres, excluding –
"large beverage container" means a receptacle in which a beverage, other than milk and milk products, is marketed, whether full or empty, made of any material, with a capacity of 1.5 litres or more and up to 5 litres, excluding –
"recycling" – as defined in the Recyclable Waste Collection and Removal Law, 5753-1993, or treatment of beverage containers or large beverage containers in a manner prescribed by the Minister;
"consumer" means a person who purchases or collects beverage containers or large beverage containers otherwise than for business purposes;
"the Fund" means the Fund for the Maintenance of Cleanliness established under section 10 of the Maintenance of Cleanliness Law, 5744-1984;
"recycling corporation" – (Repealed)
"the Minister" means the Minister for Environmental Protection.
Imposition of Deposit§
Duty to Mark§
Exemption from Duty to Mark§
Prohibition on Selling Unmarked Beverage Containers§
Business premises shall not sell a beverage container that is not marked in accordance with the provisions of section 3(a), unless an exemption from the duty to mark applies to that beverage container under section 3a(a), and the manufacturer or importer, as the case may be, has delivered to the business owner a copy of the Fund's confirmation to the Commissioner pursuant to that section.
Collection of Deposit§
Payment of Deposit§
Every person who purchases a full beverage container shall pay the deposit to the manufacturer, importer or business premises from which the beverage container was purchased; payment of the deposit shall be made at the time of payment for the beverage container.
Refund of Deposit to Consumer§
Refund of Deposit to Business Premises§
Collection Targets for Empty Beverage Containers§
Payment for Failure to Meet Collection Targets for Beverage Containers§
Time for Transfer of Payments to the Fund§
A manufacturer or importer who is liable for payments under section 7b shall transfer them to the Fund by the date set out below:
Duty to Recycle Empty Beverage Containers§
A manufacturer and an importer shall recycle at least 90 per cent of all empty beverage containers collected by them in each year, by 1 June of the following year; the beverage containers shall be recycled at a recycling plant licensed under any law.
Collection Targets and Duty to Recycle Empty Large Beverage Containers§
"(a1) Notwithstanding the provisions of subsection (a) –
Payment for Failure to Meet Collection Targets for Large Beverage Containers§
A manufacturer or importer who has not met the collection target referred to in section 7e(a) shall pay to the Fund, by 1 March of the following year, in respect of each large beverage container not collected in accordance with that target, 60 agorot.
(Repealed — תש״ע)
(Repealed — תש״ע)
(Repealed — תש״ע)
Appointment of Commissioner§
The Minister shall appoint, from among the State employees in the Minister's office, a Commissioner for the purposes of this Law.
(Repealed — תשע״א־2)
(Repealed — תשע״א־2)
(Repealed — תשע״א־2)
Records and Inspection§
Duty to Report and Determination by Commissioner§
in this section, "quarter" means a period of three months ending on the last day of the months of March, June, September and December of each year.
Financial Sanction§
Continuing Violation and Repeated Violation§
Notice of intention to impose§
Right to be heard§
A violator to whom a notice of intention to impose has been given in accordance with the provisions of section 13 may submit arguments, in writing, before the Commissioner, with respect to the intention to impose a monetary sanction on the violator and with respect to its amount, within 30 days of the date of delivery of the notice.
Commissioner's decision and demand for payment§
Reduced amounts§
Updated amount of the monetary sanction§
The monetary sanction shall be according to its updated amount on the day of delivery of the demand for payment, and in respect of a violator who did not submit arguments before the Commissioner as stated in section 14 – on the day of delivery of the notice of intention to impose; where an appeal has been filed with a Magistrate's Court and the court has ordered a stay of payment of the monetary sanction – the amount of the monetary sanction shall be according to its updated amount on the day of delivery of the judgment on appeal.
Time for payment of a monetary sanction§
A monetary sanction shall be paid within 30 days of the day of delivery of the demand for payment as stated in section 15.
Shekel interest and arrears charges§
Where a monetary sanction has not been paid on time, shekel interest and arrears charges shall be added thereto for the period of delay, until payment thereof, and the provisions of the Interest and Price Indexation Law shall apply, with the necessary modifications.
Collection§
The collection of a monetary sanction, payments and additional amounts under this Law shall be governed by the Tax Ordinance (Collection).
Appeal against a monetary sanction§
Publication§
Where a monetary sanction has been imposed under this Law, the Commissioner may publish in a newspaper or in any other manner the fact of the imposition of the monetary sanction and its amount, the name of the violator and the nature of the contravention on account of which the monetary sanction was imposed and the circumstances thereof, and the Commissioner may instruct the violator to publish, at the violator's expense, a publication as aforesaid.
Preservation of criminal liability§
Penalties§
Limitation§
Notwithstanding the provisions of section 225a(a) of the Criminal Procedure Law [Consolidated Version], 5742-1982, an indictment may be filed or a fine payment notice delivered, as stated in that section, in respect of an offence under this Law that has been designated as a fine offence, provided that two years have not yet elapsed from the day of commission of the offence.
Liability of an employer and an office holder in a corporation§
Designation of funds§
A fine, monetary sanction, payments and additional amounts under this Law shall be transferred to the Fund.
Use of funds received by the Fund§
Funds transferred to the Fund in accordance with the provisions of this Law shall be managed in a separate account and shall be used for the encouragement of the recycling of beverage containers, for any other purpose that will promote the implementation of this Law or the enforcement of its provisions, and also for the purposes of the Fund in accordance with the provisions of section 10(b) of the Maintenance of Cleanliness Law, 5744-1984, all as the Minister shall determine, on the recommendation of the Fund and with the approval of the Interior and Environmental Protection Committee of the Knesset.
Installation of a machine for the collection of beverage containers – special provisions§
The installation of a machine for the collection of empty beverage containers in an external wall of business premises, carried out under section 266b of the Planning and Building Law, 5725-1965, is exempt from a permit under Chapter V of that Law.
Forms§
Approvals in accordance with the provisions of sections 3(c) and 3a shall be on forms prepared by the Commissioner, provided that a form that is to be delivered to a customs officer shall be prepared in consultation with the Director of Customs as defined in the Customs Ordinance.
Exemplary damages§
Implementation and regulations§
Duty to Make Regulations§
The first Regulations made under sections 22 and 23(a)(5) shall be brought for approval by the Interior and Environmental Protection Committee of the Knesset by the 5th day of Tevet 5761 (31 December 2000).
Commencement§
Publication§
This Law shall be published in Reshumot (Official Gazette) within 45 days of the date of its adoption.
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חוק הפיקדון על מכלי משקה, תשנ"ט-1999
beverage container deposit law
bottle deposit law
drink container law
pikdaon al machli mishkeh
container deposit
beverage deposit
bottle recycling law
drink bottle deposit
Israeli deposit law
packaging deposit law