S T A T E O F N E W Y O R K
________________________________________________________________________
6106
2017-2018 Regular Sessions
I N A S S E M B L Y
February 23, 2017
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Introduced by 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:
§ 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07930-01-7
A. 6106 2
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
THE SERVICES OF SUCH DEALER OR MANUFACTURER TO COLLECT, SORT AND OBTAIN
THE REFUND VALUE OF EMPTY BEVERAGE CONTAINERS AND DETERMINE THE HANDLING
FEES OF EMPTY BEVERAGE CONTAINERS.
§ 2. This act shall take effect immediately.