Senate Bill S8600

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8600
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 5, 2025
                                ___________
 
 Introduced  by  Sen.  SUTTON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   requiring  certain manufacturers to sell and distribute plastic bever-
   age containers with tethered plastic beverage caps

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 10-A to read as follows:
                                TITLE 10-A
                 TETHERED PLASTIC BEVERAGE CAP COMPLIANCE
 SECTION 27-1051. DEFINITIONS.
         27-1053. PLASTIC BEVERAGE CAPS.
         27-1055. MANUFACTURER COMPLIANCE.
         27-1057. ENFORCEMENT AND PENALTIES.
 § 27-1051. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "PLASTIC BEVERAGE CONTAINER" MEANS ANY INDIVIDUAL BOTTLE, CAN, JAR,
 CARTON,  OR OTHER CONTAINER THAT IS COMPRISED WHOLLY OR IN LARGE PART OF
 PLASTIC AND IS INTENDED TO BE DISPOSED OF OR RECYCLED AFTER ONE USE. THE
 TERM "PLASTIC BEVERAGE CONTAINER"  SHALL  NOT  INCLUDE  A  BOTTLE,  JAR,
 CARTON, OR CONTAINER THAT IS COMPOSED WHOLLY OR PRIMARILY OF NON-PLASTIC
 MATERIALS BUT THAT CONTAINS A PLASTIC BEVERAGE CAP; A CUP OR OTHER SIMI-
 LAR OPEN OR LOOSELY SEALED CONTAINER; OR A CONTAINER THAT IS INTENDED BY
 THE MANUFACTURER TO BE REUSED FOR THE SAME PURPOSE MULTIPLE TIMES.
   2.  "PLASTIC"  MEANS  A SYNTHETIC OR SEMI-SYNTHETIC MATERIAL MADE FROM
 LINKING MONOMERS DERIVED FROM FOSSIL FUEL OR BIOLOGICAL SOURCES  THROUGH
 A  CHEMICAL  REACTION  TO  CREATE  A  POLYMER  CHAIN THAT CAN BE MOLDED,
 EXTRUDED, OR OTHERWISE SHAPED INTO PELLETS,  OBJECTS,  FILMS,  OR  FILA-
 MENTS, WHETHER ALONE OR IN COMBINATION WITH CHEMICAL ADDITIVES INCLUDING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14073-02-5
 S. 8600                             2
              

 
 BUT NOT LIMITED TO PLASTICIZERS, STABILIZERS, COLORANTS, OR FLAME RETAR-
 DANTS.
   3.  "BEVERAGE" MEANS ANY OF THE FOLLOWING PRODUCTS THAT ARE IN LIQUID,
 READY-TO-DRINK FORM AND ARE INTENDED FOR HUMAN CONSUMPTION: BEER, CIDER,
 SPIRITS, WINE, AND WINE PRODUCTS, AS SUCH TERMS ARE DEFINED  BY  SECTION
 THREE  OF THE ALCOHOLIC BEVERAGE CONTROL LAW; MALT BEVERAGES; CARBONATED
 AND NONCARBONATED WATER; SODA; CARBONATED AND NONCARBONATED SOFT  DRINKS
 AND  FRUIT  DRINKS;  COFFEE AND TEA DRINKS; MILK AND DAIRY PRODUCTS; AND
 FRUIT AND VEGETABLE JUICE.
   4. "MANUFACTURER" MEANS A  PERSON,  PARTNERSHIP,  ASSOCIATION,  CORPO-
 RATION, OR OTHER ENTITY THAT, THROUGH ITS OWN ACTION OR THROUGH CONTRACT
 OR   CONTROL  OF  ANOTHER  ENTITY,  IS  PRIMARILY  RESPONSIBLE  FOR  THE
 PRODUCTION OF A BEVERAGE HELD IN A PLASTIC BEVERAGE CONTAINER AND  SOLD,
 OFFERED FOR SALE, OR DISTRIBUTED FOR SALE IN THE STATE, AS DETERMINED BY
 THE  DEPARTMENT  PURSUANT  TO SUBDIVISION TWO OF SECTION 27-1055 OF THIS
 TITLE.
   5. "PLASTIC BEVERAGE CAP" MEANS A  CAP  THAT  IS  COMPOSED  WHOLLY  OR
 PRIMARILY  OF PLASTIC AND THAT IS SCREWED ONTO OR OTHERWISE AFFIXED TO A
 PLASTIC BEVERAGE CONTAINER.
 § 27-1053. PLASTIC BEVERAGE CAPS.
   A MANUFACTURER SHALL NOT SELL, OFFER FOR SALE, OR DISTRIBUTE FOR  SALE
 IN  THE  STATE  A PLASTIC BEVERAGE CONTAINER WITH A PLASTIC BEVERAGE CAP
 UNLESS:
   1. THE PLASTIC BEVERAGE  CAP  IS  TETHERED  TO  THE  PLASTIC  BEVERAGE
 CONTAINER IN A MANNER THAT PREVENTS THE SEPARATION OF THE PLASTIC BEVER-
 AGE  CAP  FROM  THE  PLASTIC  BEVERAGE  CONTAINER  WHEN  THE BEVERAGE IS
 CONSUMED; OR
   2. THE PLASTIC BEVERAGE CAP INCLUDES AN OPENING FROM WHICH THE  BEVER-
 AGE  CAN BE CONSUMED WHILE THE PLASTIC BEVERAGE CAP REMAINS SCREWED ONTO
 OR OTHERWISE AFFIXED TO THE PLASTIC BEVERAGE CONTAINER.
 § 27-1055. MANUFACTURER COMPLIANCE.
   1. A MANUFACTURER THAT PRODUCES OR UTILIZES PLASTIC BEVERAGE  CONTAIN-
 ERS  SHALL PROVIDE TO THE DEPARTMENT UPON REQUEST ALL INFORMATION NECES-
 SARY FOR THE DEPARTMENT TO DETERMINE SUCH MANUFACTURER'S COMPLIANCE WITH
 THE REQUIREMENTS OF THIS TITLE.
   2. IN DETERMINING WHETHER AN ENTITY MEETS THE DEFINITION OF A MANUFAC-
 TURER UNDER SUBDIVISION FOUR OF  SECTION  27-1051  OF  THIS  TITLE,  THE
 DEPARTMENT SHALL CONSIDER, WITHOUT LIMITATION, THE FOLLOWING FACTORS:
   (A)  THE  OWNERSHIP OF THE BRAND NAME OF THE BEVERAGE CONTAINED IN THE
 PLASTIC BEVERAGE CONTAINER;
   (B) THE PRIMARY CONTROL OR INFLUENCE OVER THE DESIGN OF  THE  BEVERAGE
 CONTAINED IN THE PLASTIC BEVERAGE CONTAINER; AND
   (C)  THE  PRIMARY  CONTROL OR INFLUENCE OVER THE DESIGN OF THE PLASTIC
 BEVERAGE CONTAINER IN WHICH THE BEVERAGE IS CONTAINED.
   3. AN ENTITY WITH A LEGALLY RECOGNIZED  CORPORATE  RELATIONSHIP  TO  A
 MANUFACTURER  THAT  IS SUBJECT TO THE REQUIREMENTS OF THIS TITLE MAY, ON
 BEHALF OF SUCH MANUFACTURER AND FOLLOWING NOTIFICATION  TO  THE  DEPART-
 MENT, ASSUME SUCH MANUFACTURER'S RESPONSIBILITIES UNDER THIS TITLE.
   4.  (A)  THE  REQUIREMENTS OF THIS TITLE SHALL APPLY TO A MANUFACTURER
 WITH GROSS ANNUAL REVENUES OF TEN MILLION DOLLARS OR  MORE  THREE  YEARS
 AFTER THE EFFECTIVE DATE OF THIS TITLE.
   (B)  THE REQUIREMENTS OF THIS TITLE SHALL APPLY TO A MANUFACTURER WITH
 GROSS ANNUAL REVENUES OF LESS THAN TEN MILLION DOLLARS SIX  YEARS  AFTER
 THE EFFECTIVE DATE OF THIS TITLE.
 § 27-1057. ENFORCEMENT AND PENALTIES.
 S. 8600                             3
 
   1. ANY MANUFACTURER THAT VIOLATES ANY PROVISION OF THIS TITLE SHALL BE
 LIABLE  FOR  A  CIVIL  PENALTY OF ONE THOUSAND DOLLARS PER VIOLATION PER
 DAY.
   2.  THE  DEPARTMENT, THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY OF
 THE COUNTY WHERE THE VIOLATION OCCURS MAY ENFORCE THIS TITLE BY BRINGING
 AN ACTION FOR CIVIL PENALTIES FOR VIOLATION OF THIS TITLE, FOR EQUITABLE
 RELIEF TO PREVENT VIOLATION OF THIS TITLE, OR FOR A COMBINATION OF CIVIL
 PENALTIES AND EQUITABLE RELIEF UNDER THIS TITLE.
   3. THE DEPARTMENT MAY PROMULGATE ANY RULES AND  REGULATIONS  NECESSARY
 TO EFFECTUATE THE PROVISIONS OF THIS TITLE.
   § 2. This act shall take effect immediately.