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27-1001 – Legislative Findings.

§ 27-1001. Legislative findings. The legislature hereby finds that litter composed of discarded beverage containers is a growing problem of state concern and a direct threat to the health and safety of the citizens of this state. Discarded beverage containers create a hazard to vehicular traffic, a source of physical injury to pedestrians and farm […]

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, […]

27-1005 – Refund Value.

§ 27-1005. Refund value. No person shall sell or offer for sale a beverage container in this state unless the deposit on such beverage container is or has been collected by a registered deposit initiator and unless such container has a refund value of not less than five cents which is clearly indicated thereon as […]

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 […]

27-1009 – Refusal of Acceptance.

§ 27-1009. Refusal of acceptance. 1. A dealer or operator of a redemption center may refuse to accept from a redeemer, and a deposit initiator or distributor may refuse to accept from a dealer or operator of a redemption center any empty beverage container which does not state thereon a refund value as established by […]

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 […]

27-1012 – Deposit and Disposition of Refund Values; Registration; Reports.

§ 27-1012. Deposit and disposition of refund values; registration; reports. 1. Each deposit initiator shall deposit in a refund value account an amount equal to the refund value initiated under section 27-1005 of this title which is received with respect to each beverage container sold by such deposit initiator. Such deposit initiator shall hold the […]

27-1013 – Redemption Centers.

§ 27-1013. Redemption centers. 1. The commissioner is hereby empowered to promulgate rules and regulations governing (a) the circumstances in which deposit initiators, dealers and distributors, individually or collectively, are required to accept the return of empty beverage containers, including beverage containers processed through reverse vending machines and make payment therefor; (b) the sorting of […]

27-1014 – Authority to Promulgate Rules and Regulations.

§ 27-1014. Authority to promulgate rules and regulations. In addition to the authority of the commissioner, under sections 27-1009 and 27-1013 of this title, the commissioner shall have the power to promulgate rules and regulations necessary and appropriate for the administration of this title.

27-1015 – Violations.

§ 27-1015. Violations. 1. Except as otherwise provided in this section and section 27-1012 of this title, any person who shall violate any provision of this title shall be liable to the state of New York for a civil penalty of not more than five hundred dollars, and an additional civil penalty of not more […]

27-1016 – Public Education.

§ 27-1016. Public education. The commissioner shall establish a public education program to disseminate information regarding implementation of this title. Such information shall include, but not be limited to, publication of the New York Bottle Bill of Rights as specified in subdivision two of section 27-1007 of this title; publication of information specifying the procedures […]

27-1018 – Beverage Container Assistance Program.

§ 27-1018. Beverage container assistance program. Notwithstanding any other provision of law to the contrary, within the limits of appropriations therefor, the commissioner shall make state assistance payments to municipalities, businesses and not-for-profit organizations located in the state for the cost of reverse vending machines located or to be located in the state. Such state […]

27-1019 – Severability.

§ 27-1019. Severability. The provisions of this title shall be severable and if any phrase, clause, sentence or provision of this title, or the applicability thereof to any person or circumstance shall be held invalid, the remainder of this title and the application thereof shall not be affected thereby.