N.Y. Environmental Conservation Law § 27-1905: Mandatory tire acceptance; notices

§ 27-1905. Mandatory tire acceptance; notices.

1. A tire service that maintains a physical retail location in the

state shall, until December thirty-first, two thousand twenty-seven:

(a) accept from a customer, waste tires of approximately the same size

and in a quantity equal to the number of new tires purchased or

installed by the customer;

(b) post written notice in a prominent location, which must be at

least eight and one-half inches by fourteen inches in size and contain

the following language:

"New York State law requires us to accept and manage waste tires from

vehicles in exchange for an equal number of new tires that we sell or

install. Tire retailers are required to charge a separate and distinct

waste tire management and recycling fee of $2.50 for each new tire sold.

The retailers in addition are authorized, at their sole discretion, to

pass on waste tire management and recycling costs to tire purchasers.

Such costs may be included as part of the advertised price of the new

tire, or charged as a separate per-tire charge in an amount not to

exceed $2.50 on each new tire sold."

The written notice shall also contain one of the following statements

at the end of the aforementioned language and as part of the notice,

which shall accurately indicate the manner in which the tire service

charges for waste tire management and recycling costs, and the amount of

any charges that are separately invoiced for such costs:

"Our waste tire management and recycling costs are included in the

advertised price of each new tire.", or

"We charge a separate per-tire charge of $____ on each new tire sold

that will be listed on your invoice to cover our waste tire management

and recycling costs."; and

(c) ensure that any retail advertisement of promotional material

provided by or on behalf of the tire service that lists a tire price

which does not include waste tire management and recycling costs

contains one of the following statements conspicuously located in or on

the advertisement and in the same font as the advertised price of the

tire: "Additional fees relating to tire management and recycling costs

may apply," or, "We charge a separate per-tire charge of $____ on each

new tire sold that will be listed on your invoice to cover our waste

tire management and recycling costs where applicable." Where the latter

statement is used, it shall list the amount of the separate per-tire

charge.

2. A tire service that does not maintain a physical retail location in

the state shall, until December thirty-first, two thousand twenty-seven

make viewable to a customer in the state a statement, prior to the

purchase of new tires, that contains the following language:

"New York state law requires tire retailers to charge a separate and

distinct waste tire management and recycling fee of $2.50 for each new

tire sold."