Assembly Bill A10791

2011-2012 Legislative Session

Prohibits exclusive vending and minimum purchase provisions in contracts involving the lease of reverse vending machines

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10791 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add §396-uu, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2531
2015-2016: A6711
2017-2018: A6106
2019-2020: A6282

2011-A10791 (ACTIVE) - Summary

Prohibits exclusive vending and minimum purchase provisions in contracts involving the lease of reverse vending machines.

2011-A10791 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10791

                          I N  A S S E M B L Y

                              June 19, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Crespo) --
  read once and referred to the Committee on Economic Development

AN ACT to amend the general business law,  in  relation  to  prohibiting
  exclusive vending and minimum purchase provisions in contracts involv-
  ing the lease of reverse vending machines

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-uu to read as follows:
  S 396-UU. REVERSE VENDING MACHINES. 1. DEFINITIONS. AS  USED  IN  THIS
SECTION:
  A.  "REVERSE  VENDING  MACHINE"  MEANS AN AUTOMATED DEVICE THAT USES A
LASER SCANNER, MICROPROCESSOR, OR OTHER TECHNOLOGY TO ACCURATELY  RECOG-
NIZE  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.
  B.  "PERSON"  MEANS  ANY  INDIVIDUAL,  FIRM, PARTNERSHIP, CORPORATION,
ASSOCIATION OR OTHER LEGAL ENTITY.
  C. "CONSUMER" MEANS ANY PERSON WHO ENTERS INTO A CONTRACT WITH A DEAL-
ER OR MANUFACTURER FOR THE LEASE OF A REVERSE VENDING MACHINE.
  D. "DEALER" OR "MANUFACTURER" MEANS ANY  PERSON  WHO  ENGAGES  IN  THE
BUSINESS OF LEASING REVERSE VENDING MACHINES AND COLLECTING, SORTING AND
OBTAINING THE REFUND VALUE OF EMPTY BEVERAGE CONTAINERS.
  E.  "REDEMPTION  CENTER"  MEANS  ANY PERSON OFFERING TO PAY THE REFUND
VALUE OF EMPTY BEVERAGE CONTAINERS, OR ANY PERSON WHO CONTRACTS WITH ONE
OR MORE DEALERS OR MANUFACTURERS TO COLLECT, SORT AND OBTAIN THE  REFUND
VALUE  OF EMPTY BEVERAGE CONTAINERS AND DETERMINE HANDLING FEES OF EMPTY
BEVERAGE CONTAINERS.
  2. ANY DEALER OR MANUFACTURER  LEASING  REVERSE  VENDING  MACHINES  TO
CONSUMERS  OR  REDEMPTION  CENTERS  SHALL  BE  PROHIBITED FROM INCLUDING
EXCLUSIVE VENDOR AND MINIMUM PURCHASE PROVISIONS  IN  LEASING  CONTRACTS
THAT  REQUIRE  THE  CONSUMER OR REDEMPTION CENTER TO EXCLUSIVELY UTILIZE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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