NY Env Conserv L § 27-1003 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 10 - Litter and Solid Waste Control 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; orb. 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; ord. 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.