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This entry was published on 2022-04-22
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SECTION 27-1905
Mandatory tire acceptance
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 19
§ 27-1905. Mandatory tire acceptance.

Any tire service shall:

1. Until December thirty-first, two thousand twenty-five, accept from
a customer, waste tires of approximately the same size and in a quantity
equal to the number of new tires purchased or installed by the customer;
and

2. Until December thirty-first, two thousand twenty-five, post written
notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size and contain the following
language:

"New York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that we sell or
install. Tire retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.

The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs to tire purchasers.
Such costs may be included as part of the advertised price of the new
tire, or charged as a separate per-tire charge in an amount not to
exceed $2.50 on each new tire sold."

The written notice shall also contain one of the following statements
at the end of the aforementioned language and as part of the notice,
which shall accurately indicate the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:

"Our waste tire management and recycling costs are included in the
advertised price of each new tire.", or

"We charge a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste tire management
and recycling costs."

3. Any retail advertisement of promotional material provided by or on
behalf of the tire service that lists a tire price which does not
include waste tire management and recycling costs shall contain one of
the following statements conspicuously located in or on the
advertisement and in the same font as the advertised price of the tire:
"Additional fees relating to tire management and recycling costs may
apply," or, "We charge a separate per-tire charge of $____ on each new
tire sold that will be listed on your invoice to cover our waste tire
management and recycling costs where applicable." Where the latter
statement is used, it shall list the amount of the separate per-tire
charge.