NY Env Conserv L § 27-1007 (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 27-1007 - 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.