New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter B - SOLID WASTES › Part 367 - Returnable Beverage Containers › Section 367.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Apply means to
				  apply or attach or to cause to be applied or attached.
(b) Beverage means carbonated soft drinks,
				  mineral water, soda water, beer and other malt beverages.
(c) Beverage container means the individual,
				  separate, sealed glass, metal or plastic bottle, can or jar used for containing,
				  at the time of sale, one gallon (3.8 liters) or less of a beverage intended for
				  use or consumption in this State.
(d)
				  Beverage manufacturer means a person who bottles, cans or otherwise packages
				  beverages in beverage containers, or who imports filled beverage containers into
				  the United States.
(e) Commissioner
				  means the Commissioner of Environmental Conservation.
(f) Consumer means a person who buys a beverage
				  for use or consumption.
(g) Dealer
				  means a person who engages in the sale of beverages in beverage containers to a
				  consumer for off-premises consumption in this State.
(h) Deposit means the refund value established
				  pursuant to section
				  367.3 
				  of this Part.
(i) Distributor means a
				  person who is a beverage manufacturer or who engages in the sale of beverages in
				  beverage containers to a dealer. A person who purchases directly from a beverage
				  manufacturer a beverage in a beverage container bearing a brand name or trademark
				  owned by that person is considered to be a distributor of such
				  beverage.
(j) Environmental
				  Conservation Law means chapter 43-B of the Consolidated Laws of New York
				  State.
(k) Filled means bottled,
				  canned or otherwise packaged with the original beverage contents.
(l) Initiate a deposit means to be the first
				  person to charge a deposit on a beverage container.
(m) Malt beverage 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.
(n) Mineral
				  water means water which is naturally or artificially impregnated with mineral
				  salts or gases such as carbon dioxide or which is sold as a mineral
				  water.
(o) Person means individual,
				  firm, corporation or other legal entity.
(p) Place of business means the location at
				  which a dealer sells beverages in beverage containers to consumers.
(q) Redeemer means a person, other than a
				  dealer or distributor, who demands the refund value in exchange for the empty
				  beverage container.
(r) 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(s) or
				  distributor(s).
(s) Refillable
				  beverage container means any beverage container which is so constructed and
				  designed that it is structurally capable of being refilled and resold by a
				  beverage manufacturer, and which the beverage manufacturer requires to be
				  returned for the purpose of refilling and resale.
(t) Refund value means the amount of the
				  deposit established pursuant to section
				  367.3 
				  of this Part.
(u) Sale means the act
				  of selling or offering to sell, or distributing for use or consumption.
(v) Soda water means water charged with a gas,
				  such as carbon dioxide, to cause effervescence.
(w) Type of beverage container means the
				  design, shape, size, color, composition and brand of beverage
				  container.
(x) Use or consumption
				  means the exercise of any right or power incident to the ownership of a beverage
				  other than to sell or to keep or retain a beverage for the purpose of selling
				  such beverage.