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This entry was published on 2014-09-22
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SECTION 27-1003
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 10
§ 27-1003. Definitions.

Whenever used in this title:

1. "Beverage" means carbonated soft drinks, water, beer, other malt
beverages and a wine product as defined in subdivision thirty-six-a of
section three of the alcoholic beverage control law. "Malt beverages"
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. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water, provided, however, that "water"
does not include any beverage identified as a type of water to which a
sugar has been added.

2. "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
less than one gallon or 3.78 liters at the time of sale or offer for
sale of a beverage intended for use or consumption in this state.
Beverage containers sold or offered for sale or distributed aboard
aircraft or ships shall be considered as intended for use or consumption
outside this state.

2-a. "Bottler" means a person, firm or corporation who:

a. bottles, cans or otherwise packages beverages in beverage
containers except that if such packaging is for any other person, firm
or corporation having the right to bottle, can or otherwise package the
same brand of beverage, then such other person, firm or corporation
shall be the bottler; or

b. imports filled beverage containers into the United States.

3. "Commissioner" means the commissioner of environmental

4. "Dealer" means every person, firm or corporation who engages in the
sale of beverages in beverage containers to a consumer for off premises
consumption in this state.

5. "Department" means the department of environmental conservation.

5-a. A "deposit initiator" for each beverage container for which a
refund value is established under section 27-1005 of this title means:

a. the bottler of the beverage in such container;

b. the distributor of such container if such distributor's purchase of
such container was not, directly or indirectly, from a registered
deposit initiator;

c. a dealer of such container who sells or offers for sale such
container in this state, whose purchase of such container was not,
directly or indirectly, from a registered deposit initiator; or

d. an agent acting on behalf of a registered deposit initiator.

6. "Distributor" means any person, firm or corporation which engages
in the sale or offer for sale of beverages in beverage containers to a

7. "Place of business" means the location at which a dealer sells or
offers for sale beverages in beverage containers to consumers.

8. "Redeemer" means every person who demands the refund value provided
for herein in exchange for the empty beverage container, but shall not
include a dealer as defined in subdivision four of this section.

9. "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 or distributor under the provisions of
section 27-1013 of this title.

10. "Use or consumption" means the exercise of any right or power
incident to the ownership of a beverage, other than the sale or the
keeping or retention of a beverage for the purpose of sale.

11. "Ship" or "ships" means any ocean going vessel used to carry
passengers or freight in interstate or foreign commerce.

12. "Reverse vending machine" means an automated device that uses a
laser scanner, microprocessor, or other technology to accurately
recognize 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.

13. "Universal product code" or "UPC code" means a standard for
encoding a set of lines and spaces that can be scanned and interpreted
into numbers to identify a product. Universal product code may also mean
any accepted industry barcode which replaces the UPC code including EAN
and other codes that may be used to identify a product.