S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
February 5, 2013
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
mandatory acceptance of empty beverage containers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section
27-1007 of the environmental conservation law, as added by section 4 of
part SS of chapter 59 of the laws of 2009, are amended to read as
(a) A dealer shall accept at his or her place of business, PROVIDED
THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET,
from a redeemer any empty beverage containers of the design, shape,
size, color, composition and brand sold or offered for sale by the deal-
er, 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.
2. A dealer shall post a conspicuous sign, at the point of sale, that
"NEW YORK BOTTLE BILL OF RIGHTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 3502 2
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
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, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN
TWO THOUSAND SQUARE FEET. 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
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
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 avail-
able 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.
S 2. This act shall take effect immediately.