N.Y. Environmental Conservation Law § 27-1003: Definitions

§ 27-1003. Definitions.

Whenever used in this title:

1. "Beverage" means carbonated soft drinks, water, beer, other malt

beverages and a wine product as defined in subdivision thirty-six-a of

section three of the alcoholic beverage control law. "Malt beverages"

means any beverage obtained by the alcoholic fermentation or infusion or

decoction of barley, malt, hops, or other wholesome grain or cereal and

water including, but not limited to ale, stout or malt liquor. "Water"

means any beverage identified through the use of letters, words or

symbols on its product label as a type of water, including any flavored

water or nutritionally enhanced water, provided, however, that "water"

does not include any beverage identified as a type of water to which a

sugar has been added.

2. "Beverage container" means the individual, separate, sealed glass,

metal, aluminum, steel or plastic bottle, can or jar used for containing

less than one gallon or 3.78 liters at the time of sale or offer for

sale of a beverage intended for use or consumption in this state.

Beverage containers sold or offered for sale or distributed aboard

aircraft or ships shall be considered as intended for use or consumption

outside this state.

2-a. "Bottler" means a person, firm or corporation who:

a. bottles, cans or otherwise packages beverages in beverage

containers except that if such packaging is for any other person, firm

or corporation having the right to bottle, can or otherwise package the

same brand of beverage, then such other person, firm or corporation

shall be the bottler; or

b. imports filled beverage containers into the United States.

3. "Commissioner" means the commissioner of environmental

conservation.

4. "Dealer" means every person, firm or corporation who engages in the

sale of beverages in beverage containers to a consumer for off premises

consumption in this state.

5. "Department" means the department of environmental conservation.

5-a. A "deposit initiator" for each beverage container for which a

refund value is established under section 27-1005 of this title means:

a. the bottler of the beverage in such container;

b. the distributor of such container if such distributor's purchase of

such container was not, directly or indirectly, from a registered

deposit initiator;

c. a dealer of such container who sells or offers for sale such

container in this state, whose purchase of such container was not,

directly or indirectly, from a registered deposit initiator; or

d. an agent acting on behalf of a registered deposit initiator.

6. "Distributor" means any person, firm or corporation which engages

in the sale or offer for sale of beverages in beverage containers to a

dealer.

7. "Place of business" means the location at which a dealer sells or

offers for sale beverages in beverage containers to consumers.

8. "Redeemer" means every person who demands the refund value provided

for herein in exchange for the empty beverage container, but shall not

include a dealer as defined in subdivision four of this section.

9. "Redemption center" means any person offering to pay the refund

value of an empty beverage container to a redeemer, or any person who

contracts with one or more dealers or distributors to collect, sort and

obtain the refund value and handling fee of empty beverage containers

for, or on behalf of, such dealer or distributor under the provisions of

section 27-1013 of this title.

10. "Use or consumption" means the exercise of any right or power

incident to the ownership of a beverage, other than the sale or the

keeping or retention of a beverage for the purpose of sale.

11. "Ship" or "ships" means any ocean going vessel used to carry

passengers or freight in interstate or foreign commerce.

12. "Reverse vending machine" means an automated device that uses a

laser scanner, microprocessor, or other technology to accurately

recognize the universal product code (UPC) on containers to determine if

the container is redeemable and accumulates information regarding

containers redeemed, including the number of such containers redeemed,

thereby enabling the reverse vending machine to accept containers from

redeemers and to issue a scrip or receipt for their refund value.

13. "Universal product code" or "UPC code" means a standard for

encoding a set of lines and spaces that can be scanned and interpreted

into numbers to identify a product. Universal product code may also mean

any accepted industry barcode which replaces the UPC code including EAN

and other codes that may be used to identify a product.