Ohio House Bill 869 and Similar Statutes: An Analysis of Mandatory Deposits on Beverage Containers To Promote Recycling in Relation to Environmental Control

Proposed House Bill 8691 requires that all soft drink and beer containers carry a mandatory five-cent deposit in order to promote their recycling. This would necessarily cause a reduction in the litter discarded along Ohio's highways, parks, beaches, etc. To Ohio environmentalists, the Bill represents a major legislative response to the growing litter and solid waste problem. However, to industry it represents a major curtailment of their production growth and profits, specifically those industries whose production is concentrated solely or substantially in the area of non-returnable cans and bottles. If the Bill becomes effective it will be a major victory for environmentalists.

This comment will analyze the constitutional issues involved and also provide some direction to the economic impact that such legislation will have on industry and the consumer.