N.Y. Environmental Conservation Law § 27-1007: Mandatory acceptance

§ 27-1007. Mandatory acceptance.

Except as provided in section 27-1009 of this title:

1. (a) A dealer shall accept at his or her place of business from a

redeemer any empty beverage containers of the design, shape, size,

color, composition and brand sold or offered for sale by the dealer, and

shall pay to the redeemer the refund value of each such beverage

container as established in section 27-1005 of this title. Redemptions

of refund value must be in legal tender, or a scrip or receipt from a

reverse vending machine, provided that the scrip or receipt can be

exchanged for legal tender for a period of not less than sixty days

without requiring the purchase of other goods. The use or presence of a

reverse vending machine shall not relieve a dealer of any obligations

imposed pursuant to this section. If a dealer utilizes a reverse vending

machine to redeem containers, the dealer shall provide redemption of

beverage containers when the reverse vending machine is full, broken,

under repair or does not accept a type of beverage container sold or

offered for sale by such dealer and may not limit the hours or days of

redemption except as provided by subdivision three of this section.

(b) Beginning March first, two thousand ten, a dealer whose place of

business is part of a chain engaged in the same general field of

business which operates ten or more units in this state under common

ownership and whose business has at least: (i) forty thousand but less

than sixty thousand square feet devoted to the display of merchandise

for sale to the public shall install and maintain at least two reverse

vending machines at the dealer's place of business; (ii) sixty thousand

but less than eighty-five thousand square feet devoted to the display of

merchandise for sale to the public shall install and maintain at least

three reverse vending machines at the dealer's place of business; or

(iii) eighty-five thousand square feet devoted to the display of

merchandise for sale to the public shall install and maintain at least

four reverse vending machines at the dealer's place of business. The

requirements of paragraph (b) of this subdivision to install and

maintain reverse vending machines shall not apply to a dealer that: (i)

sells only beverage containers of twenty ounces or less where such

beverage containers are packaged in quantities fewer than six; (ii)

sells beverage containers and devotes no more than five percent of its

floor space to the display and sale of consumer commodities, as defined

in section two hundred fourteen-h of the agriculture and markets law; or

(iii) obtains a waiver from the commissioner authorizing dealers to

provide consumers with an alternative technology that: (A) determines if

the container is redeemable, (B) provides protections against fraud

through a system that validates each container redeemed by reading the

universal product code and, except with respect to refillable

containers, renders the container unredeemable, (C) accumulates

information regarding containers redeemed, and (D) issues legal tender,

or a scrip, receipt, or other form of credit for the refund value, that

can be exchanged for legal tender for a period of not less than sixty

days without requiring the purchase of other goods. Notwithstanding the

foregoing, if the alternative technology does not allow consumers to

immediately obtain the refund value of the redeemed container, a dealer

shall be permitted to deploy such alternative technology only if it also

offers an alternative that allows consumers to conveniently and

immediately obtain such refund value through a reverse vending machine

or other alternative method.

(c) A dealer to which paragraph (b) of this subdivision does not apply

and whose place of business is at least forty thousand square feet which

does not utilize reverse vending machines to process empty beverage

containers for redemption shall: (i) establish and maintain a dedicated

area within such business to accept beverage containers for redemption;

(ii) adequately staff such area to facilitate efficient acceptance and

processing of such containers during business hours; and (iii) post one

or more conspicuous signs conforming to the size and color requirements

described in subdivision two of this section at each public entrance to

the business which describes where in the business the redemption area

is located. The commissioner may establish in rules and regulations

additional standards for the efficient processing of beverage containers

by such dealers.

(d) For the purposes of this subdivision on any day that a dealer is

open for less than twenty-four hours, the dealer may restrict or refuse

the payment of refund values during the first and last hour the dealer

is open for business.

2. A dealer shall post a conspicuous sign, at the point of sale, that

states:

"NEW YORK BOTTLE BILL OF RIGHTS

STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF

THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

YOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER

ACT:

THE RIGHT to return your empties for refund to any dealer who sells

the same brand, type and size, whether you bought the beverage from the

dealer or not. It is illegal to return containers for refund that you

did not pay a deposit on in New York state.

THE RIGHT to get your deposit refund in cash, without proof of

purchase.

THE RIGHT to return your empties any day, any hour, except for the

first and last hour of the dealer's business day (empty containers may

be redeemed at any time in 24-hour stores).

THE RIGHT to return your containers if they are empty and intact.

Washing containers is not required by law, but is strongly recommended

to maintain sanitary conditions.

The New York state returnable container act can be enforced by the New

York state department of environmental conservation, the New York state

department of agriculture and markets, the New York state department of

taxation and finance, the New York state attorney general and/or by your

local government."

Such sign must be no less than eight inches by ten inches in size and

have lettering a minimum of one quarter inch high, and of a color which

contrasts with the background. The department shall maintain a toll free

telephone number for a "bottle bill complaint line" that shall be

available from 9:00 a.m. to 5:00 p.m. each business day to receive

reports of violations of this title. The telephone number shall be

listed on any sign required by this section.

3. On or after June first, two thousand nine, a dealer may limit the

number of empty beverage containers to be accepted for redemption at the

dealer's place of business to no less than seventy-two containers per

visit, per redeemer, per day, provided that:

(a) The dealer has a written agreement with a redemption center, be it

either at a fixed physical location within the same county and within

one-half mile of the dealer's place of business, or a mobile redemption

center, operated by a redemption center, that is located within

one-quarter mile of the dealer's place of business. The redemption

center must have a written agreement with the dealer to accept

containers on behalf of the dealer; and the redemption center's hours of

operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in

the case of a mobile redemption center, the hours of operation must

cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m.

daily. The dealer must post a conspicuous, permanent sign, meeting the

size and color specifications set forth in subdivision two of this

section, open to public view, identifying the location and hours of

operation of the affiliated redemption center or mobile redemption

center; and

(b) The dealer provides, at a minimum, a consecutive two hour period

between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up

to two hundred forty containers, per redeemer, per day, and posts a

conspicuous, permanent sign, meeting the size and color specifications

set forth in subdivision two of this section, open to public view,

identifying those hours. The dealer may not change the hours of

redemption without first posting a thirty day notice; and

(c) The dealer's primary business is the sale of food or beverages for

consumption off-premises, and the dealer's place of business is less

than ten thousand square feet in size.

4. A deposit initiator shall accept from a dealer or operator of a

redemption center any empty beverage container of the design, shape,

size, color, composition and brand sold or offered for sale by the

deposit initiator, and shall pay the dealer or operator of a redemption

center the refund value of each such beverage container as established

by section 27-1005 of this title. A deposit initiator shall accept and

redeem all such empty beverage containers from a dealer or redemption

center without limitation on quantity.

5. A deposit initiator's or distributor's failure to pick up empty

beverage containers, including containers processed in a reverse vending

machine, from a redemption center, dealer or the operator of a reverse

vending machine, shall be a violation of this title.

6. In addition to the refund value of a beverage container as

established by section 27-1005 of this title, a deposit initiator shall

pay to any dealer or operator of a redemption center a handling fee of

three and one-half cents for each beverage container accepted by the

deposit initiator from such dealer or operator of a redemption center.

Payment of the handling fee shall be as compensation for collecting,

sorting and packaging of empty beverage containers for transport back to

the deposit initiator or its designee. Payment of the handling fee may

not be conditioned on the purchase of any goods or services, nor may

such payment be made out of the refund value account established

pursuant to section 27-1012 of this title. A distributor who does not

initiate deposits on a type of beverage container is considered a dealer

only for the purpose of receiving a handling fee from a deposit

initiator.

7. A deposit initiator on a brand shall accept from a distributor who

does not initiate deposits on that brand any empty beverage containers

of that brand accepted by the distributor from a dealer or operator of a

redemption center and shall reimburse the distributor the refund value

of each such beverage container, as established by section 27-1005 of

this title. In addition, the deposit initiator shall reimburse such

distributor for each such beverage container the handling fee

established under subdivision six of this section. Without limiting the

rights of the department or any person, firm or corporation under this

subdivision or any other provision of this section, a distributor shall

have a civil right of action to enforce this subdivision, including,

upon three days notice, the right to apply for temporary and preliminary

injunctive relief against continuing violations, and until arrangements

for collection and return of empty containers or reimbursement of such

distributor for such deposits and handling fees are made.

8. It shall be the responsibility of the deposit initiator or

distributor to provide to a dealer or redemption center a sufficient

number of bags, cartons, or other suitable containers, at no cost, for

the packaging, handling and pickup of empty beverage containers that are

not redeemed through a reverse vending machine. The bags, cartons, or

containers must be provided by the deposit initiator or distributor on a

schedule that allows the dealer or redemption center sufficient time to

sort the empty beverage containers prior to pick up by the deposit

initiator or distributor. In addition:

(a) When picking up empty beverage containers, a deposit initiator or

distributor shall not require a dealer or redemption center to load

their own bags, cartons or containers onto or into the deposit

initiator's or distributor's vehicle or vehicles or provide the staff or

equipment needed to do so.

(b) A deposit initiator or distributor shall not require empty

containers to be counted at a location other than the redemption center

or dealer's place of business. The dealer or redemption center shall

have the right to be present at the count.

(c) A deposit initiator or distributor shall pick up empty beverage

containers from the dealer or redemption center at reasonable times and

intervals as determined in rules or regulations promulgated by the

department.

9. No person shall return or assist another to return to a dealer or

redemption center an empty beverage container for its refund value if

such container had previously been accepted for redemption by a dealer,

redemption center, or deposit initiator who initiates deposits on

beverage containers of the same brand.

10. A redeemer, dealer, distributor or redemption center shall not

knowingly redeem an empty beverage container on which a deposit was

never paid in New York state.

11. Notwithstanding the provisions of subdivision two of section

27-1009 of this title, a deposit initiator or distributor shall accept

and redeem beverage containers as provided in this title, if the dealer

or operator of a redemption center shall have accepted and paid the

refund value of such beverage containers.

12. No person shall intentionally program, tamper with, render

inaccurate, or circumvent the proper operation of a reverse vending

machine to wrongfully elicit deposit monies when no valid, redeemable

beverage container has been placed in and properly processed by the

reverse vending machine.