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This entry was published on 2018-04-20
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SECTION 27-1011
Beverage container requirements
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 10
§ 27-1011. Beverage container requirements.

1. a. Every beverage container sold or offered for sale in this state
shall clearly indicate by permanently marking or embossing the container
or by printing as part of the product label the refund value of the
container and the words "New York" or the letters "NY".

b. Such embossing or permanent imprinting on the beverage container
shall be the responsibility of the person, firm or corporation which
bottles, cans or otherwise fills or packages a beverage container or a
brand owner for whose exclusive account private label beverages are
bottled, canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or corporation may indicate
such refund value by a label securely affixed on any beverage container
containing beverages imported into the United States. Private label
beverages shall be defined as beverages purchased from a bottler in
beverage containers bearing a brand name or trademark for sale at retail
directly by the owner or licensee of such brand name or trademark; or
through retail dealers affiliated with such owner or licensee by a
cooperative or franchise agreement.

2. No deposit initiator, distributor or dealer shall sell or offer for
sale, at wholesale or retail in this state, any metal beverage container
designed and constructed with a ring or tab which is detachable in
opening the container unless such detachable part will decompose by
photodegradation or biodegradation.

3. No deposit initiator, distributor or dealer shall sell or offer for
sale in this state beverage containers connected to each other by a
separate holding device constructed of plastic which does not: (a)
decompose by photodegradation or biodegradation; or

(b) comply with minimum post-consumer recycled material content and
hole diameter limitations as defined in rules and regulations
promulgated by the department, and is recyclable and indicates a resin
identification code.