Bill S3502-2013

Relates to mandatory acceptance of empty beverage containers

Relates to mandatory acceptance of empty beverage containers.






TITLE OF BILL: An act to amend the environmental conservation law, in relation to mandatory acceptance of empty beverage containers

PURPOSE: To exempt places of business less than 2000 square feet from being mandated to accept returns of empty containers.


Section 1 exempts places of business less than 2000 square feet from being mandated to accept returns of empty containers. This section also removes the right to have such places of business except empty containers from the New York Bottle Bill of Rights.

Section 2 provides that this legislation shall take effect immediately.

CURRENT LAW: Stores are required to accept empty container regardless of their size.

JUSTIFICATION: Stores under 2000 square feet lack adequate space to be able to store empty containers that are returned to them. This often leads to unsanitary conditions as many of these same stores prepare and sell food. The lack of space in these stores makes it nearly impossible to not store dirty returned containers adjacent to food products. There exist adequate alternative locations to return empty containers for those who wish to recycle and reclaim their deposits that do not create similar unsanitary conditions.




EFFECTIVE DATE: This act shall take effect immediately


STATE OF NEW YORK ________________________________________________________________________ 3502 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to mandatory acceptance of empty beverage containers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 and subdivision 2 of section 27-1007 of the environmental conservation law, as added by section 4 of part SS of chapter 59 of the laws of 2009, are amended to read as follows: (a) A dealer shall accept at his or her place of business, PROVIDED THAT SUCH PLACE OF BUSINESS IS NOT LESS THAN TWO THOUSAND SQUARE FEET, from a redeemer any empty beverage containers of the design, shape, size, color, composition and brand sold or offered for sale by the deal- er, 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. 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, PROVIDED SUCH DEALER'S PLACE OF BUSINESS IS LARGER THAN TWO THOUSAND SQUARE FEET. 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 avail- able 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. S 2. This act shall take effect immediately.


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