N.Y. Environmental Conservation Law § 27-1011: Beverage container requirements

§ 27-1011. Beverage container requirements.

1. a. Every beverage container sold or offered for sale in this state

shall clearly indicate by permanently marking or embossing the container

or by printing as part of the product label the refund value of the

container and the words "New York" or the letters "NY".

b. Such embossing or permanent imprinting on the beverage container

shall be the responsibility of the person, firm or corporation which

bottles, cans or otherwise fills or packages a beverage container or a

brand owner for whose exclusive account private label beverages are

bottled, canned or otherwise packaged; provided, however, that the duly

authorized agent of any such person, firm or corporation may indicate

such refund value by a label securely affixed on any beverage container

containing beverages imported into the United States. Private label

beverages shall be defined as beverages purchased from a bottler in

beverage containers bearing a brand name or trademark for sale at retail

directly by the owner or licensee of such brand name or trademark; or

through retail dealers affiliated with such owner or licensee by a

cooperative or franchise agreement.

2. No deposit initiator, distributor or dealer shall sell or offer for

sale, at wholesale or retail in this state, any metal beverage container

designed and constructed with a ring or tab which is detachable in

opening the container unless such detachable part will decompose by

photodegradation or biodegradation.

3. No deposit initiator, distributor or dealer shall sell or offer for

sale in this state beverage containers connected to each other by a

separate holding device constructed of plastic which does not: (a)

decompose by photodegradation or biodegradation; or

(b) comply with minimum post-consumer recycled material content and

hole diameter limitations as defined in rules and regulations

promulgated by the department, and is recyclable and indicates a resin

identification code.