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SECTION 27-1007
Mandatory acceptance
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 10
§ 27-1007. Mandatory acceptance.

Except as provided in section 27-1009 of this title:

1. (a) A dealer shall accept at his or her place of business from a
redeemer any empty beverage containers of the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, 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.

(b) Beginning March first, two thousand ten, a dealer whose place of
business is part of a chain engaged in the same general field of
business which operates ten or more units in this state under common
ownership and whose business has at least: (i) forty thousand but less
than sixty thousand square feet devoted to the display of merchandise
for sale to the public shall install and maintain at least two reverse
vending machines at the dealer's place of business; (ii) sixty thousand
but less than eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
three reverse vending machines at the dealer's place of business; or
(iii) eighty-five thousand square feet devoted to the display of
merchandise for sale to the public shall install and maintain at least
four reverse vending machines at the dealer's place of business. The
requirements of paragraph (b) of this subdivision to install and
maintain reverse vending machines shall not apply to a dealer that: (i)
sells only beverage containers of twenty ounces or less where such
beverage containers are packaged in quantities fewer than six; (ii)
sells beverage containers and devotes no more than five percent of its
floor space to the display and sale of consumer commodities, as defined
in section two hundred fourteen-h of the agriculture and markets law; or
(iii) obtains a waiver from the commissioner authorizing dealers to
provide consumers with an alternative technology that: (A) determines if
the container is redeemable, (B) provides protections against fraud
through a system that validates each container redeemed by reading the
universal product code and, except with respect to refillable
containers, renders the container unredeemable, (C) accumulates
information regarding containers redeemed, and (D) issues legal tender,
or a scrip, receipt, or other form of credit for the refund value, that
can be exchanged for legal tender for a period of not less than sixty
days without requiring the purchase of other goods. Notwithstanding the
foregoing, if the alternative technology does not allow consumers to
immediately obtain the refund value of the redeemed container, a dealer
shall be permitted to deploy such alternative technology only if it also
offers an alternative that allows consumers to conveniently and
immediately obtain such refund value through a reverse vending machine
or other alternative method.

(c) A dealer to which paragraph (b) of this subdivision does not apply
and whose place of business is at least forty thousand square feet which
does not utilize reverse vending machines to process empty beverage
containers for redemption shall: (i) establish and maintain a dedicated
area within such business to accept beverage containers for redemption;
(ii) adequately staff such area to facilitate efficient acceptance and
processing of such containers during business hours; and (iii) post one
or more conspicuous signs conforming to the size and color requirements
described in subdivision two of this section at each public entrance to
the business which describes where in the business the redemption area
is located. The commissioner may establish in rules and regulations
additional standards for the efficient processing of beverage containers
by such dealers.

(d) For the purposes of this subdivision on any day that a dealer is
open for less than twenty-four hours, the dealer may restrict or refuse
the payment of refund values during the first and last hour the dealer
is open for business.

2. A dealer shall post a conspicuous sign, at the point of sale, that
states:

"NEW YORK BOTTLE BILL OF RIGHTS
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
ACT:

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. 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
purchase.

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
local government."

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
available 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.

3. On or after June first, two thousand nine, a dealer may limit the
number of empty beverage containers to be accepted for redemption at the
dealer's place of business to no less than seventy-two containers per
visit, per redeemer, per day, provided that:

(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
one-half mile of the dealer's place of business, or a mobile redemption
center, operated by a redemption center, that is located within
one-quarter mile of the dealer's place of business. The redemption
center must have a written agreement with the dealer to accept
containers on behalf of the dealer; and the redemption center's hours of
operation must cover at least 9:00 a.m. through 7:00 p.m. daily or in
the case of a mobile redemption center, the hours of operation must
cover at least four consecutive hours between 8:00 a.m. and 8:00 p.m.
daily. The dealer must post a conspicuous, permanent sign, meeting the
size and color specifications set forth in subdivision two of this
section, open to public view, identifying the location and hours of
operation of the affiliated redemption center or mobile redemption
center; and

(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view,
identifying those hours. The dealer may not change the hours of
redemption without first posting a thirty day notice; and

(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size.

4. A deposit initiator shall accept from a dealer or operator of a
redemption center any empty beverage container of the design, shape,
size, color, composition and brand sold or offered for sale by the
deposit initiator, and shall pay the dealer or operator of a redemption
center the refund value of each such beverage container as established
by section 27-1005 of this title. A deposit initiator shall accept and
redeem all such empty beverage containers from a dealer or redemption
center without limitation on quantity.

5. A deposit initiator's or distributor's failure to pick up empty
beverage containers, including containers processed in a reverse vending
machine, from a redemption center, dealer or the operator of a reverse
vending machine, shall be a violation of this title.

6. In addition to the refund value of a beverage container as
established by section 27-1005 of this title, a deposit initiator shall
pay to any dealer or operator of a redemption center a handling fee of
three and one-half cents for each beverage container accepted by the
deposit initiator from such dealer or operator of a redemption center.
Payment of the handling fee shall be as compensation for collecting,
sorting and packaging of empty beverage containers for transport back to
the deposit initiator or its designee. Payment of the handling fee may
not be conditioned on the purchase of any goods or services, nor may
such payment be made out of the refund value account established
pursuant to section 27-1012 of this title. A distributor who does not
initiate deposits on a type of beverage container is considered a dealer
only for the purpose of receiving a handling fee from a deposit
initiator.

7. A deposit initiator on a brand shall accept from a distributor who
does not initiate deposits on that brand any empty beverage containers
of that brand accepted by the distributor from a dealer or operator of a
redemption center and shall reimburse the distributor the refund value
of each such beverage container, as established by section 27-1005 of
this title. In addition, the deposit initiator shall reimburse such
distributor for each such beverage container the handling fee
established under subdivision six of this section. Without limiting the
rights of the department or any person, firm or corporation under this
subdivision or any other provision of this section, a distributor shall
have a civil right of action to enforce this subdivision, including,
upon three days notice, the right to apply for temporary and preliminary
injunctive relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement of such
distributor for such deposits and handling fees are made.

8. It shall be the responsibility of the deposit initiator or
distributor to provide to a dealer or redemption center a sufficient
number of bags, cartons, or other suitable containers, at no cost, for
the packaging, handling and pickup of empty beverage containers that are
not redeemed through a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior to pick up by the deposit
initiator or distributor. In addition:

(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit
initiator's or distributor's vehicle or vehicles or provide the staff or
equipment needed to do so.

(b) A deposit initiator or distributor shall not require empty
containers to be counted at a location other than the redemption center
or dealer's place of business. The dealer or redemption center shall
have the right to be present at the count.

(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times and
intervals as determined in rules or regulations promulgated by the
department.

9. No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its refund value if
such container had previously been accepted for redemption by a dealer,
redemption center, or deposit initiator who initiates deposits on
beverage containers of the same brand.

10. A redeemer, dealer, distributor or redemption center shall not
knowingly redeem an empty beverage container on which a deposit was
never paid in New York state.

11. Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers.

12. No person shall intentionally program, tamper with, render
inaccurate, or circumvent the proper operation of a reverse vending
machine to wrongfully elicit deposit monies when no valid, redeemable
beverage container has been placed in and properly processed by the
reverse vending machine.