§ 27-1003. Definitions.\n Whenever used in this title:\n 1. "Beverage" means carbonated soft drinks, water, beer, other malt\nbeverages and a wine product as defined in subdivision thirty-six-a of\nsection three of the alcoholic beverage control law. "Malt beverages"\nmeans any beverage obtained by the alcoholic fermentation or infusion or\ndecoction of barley, malt, hops, or other wholesome grain or cereal and\nwater including, but not limited to ale, stout or malt liquor. "Water"\nmeans any beverage identified through the use of letters, words or\nsymbols on its product label as a type of water, including any flavored\nwater or nutritionally enhanced water, provided, however, that "water"\ndoes not include any beverage identified as a type of water to which a\nsugar has been added.\n
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§ 27-1003. Definitions.\n Whenever used in this title:\n 1. "Beverage" means carbonated soft drinks, water, beer, other malt\nbeverages and a wine product as defined in subdivision thirty-six-a of\nsection three of the alcoholic beverage control law. "Malt beverages"\nmeans any beverage obtained by the alcoholic fermentation or infusion or\ndecoction of barley, malt, hops, or other wholesome grain or cereal and\nwater including, but not limited to ale, stout or malt liquor. "Water"\nmeans any beverage identified through the use of letters, words or\nsymbols on its product label as a type of water, including any flavored\nwater or nutritionally enhanced water, provided, however, that "water"\ndoes not include any beverage identified as a type of water to which a\nsugar has been added.\n 2. "Beverage container" means the individual, separate, sealed glass,\nmetal, aluminum, steel or plastic bottle, can or jar used for containing\nless than one gallon or 3.78 liters at the time of sale or offer for\nsale of a beverage intended for use or consumption in this state.\nBeverage containers sold or offered for sale or distributed aboard\naircraft or ships shall be considered as intended for use or consumption\noutside this state.\n 2-a. "Bottler" means a person, firm or corporation who:\n a. bottles, cans or otherwise packages beverages in beverage\ncontainers except that if such packaging is for any other person, firm\nor corporation having the right to bottle, can or otherwise package the\nsame brand of beverage, then such other person, firm or corporation\nshall be the bottler; or\n b. imports filled beverage containers into the United States.\n 3. "Commissioner" means the commissioner of environmental\nconservation.\n 4. "Dealer" means every person, firm or corporation who engages in the\nsale of beverages in beverage containers to a consumer for off premises\nconsumption in this state.\n 5. "Department" means the department of environmental conservation.\n 5-a. A "deposit initiator" for each beverage container for which a\nrefund value is established under section 27-1005 of this title means:\n a. the bottler of the beverage in such container;\n b. the distributor of such container if such distributor's purchase of\nsuch container was not, directly or indirectly, from a registered\ndeposit initiator;\n c. a dealer of such container who sells or offers for sale such\ncontainer in this state, whose purchase of such container was not,\ndirectly or indirectly, from a registered deposit initiator; or\n d. an agent acting on behalf of a registered deposit initiator.\n 6. "Distributor" means any person, firm or corporation which engages\nin the sale or offer for sale of beverages in beverage containers to a\ndealer.\n 7. "Place of business" means the location at which a dealer sells or\noffers for sale beverages in beverage containers to consumers.\n 8. "Redeemer" means every person who demands the refund value provided\nfor herein in exchange for the empty beverage container, but shall not\ninclude a dealer as defined in subdivision four of this section.\n 9. "Redemption center" means any person offering to pay the refund\nvalue of an empty beverage container to a redeemer, or any person who\ncontracts with one or more dealers or distributors to collect, sort and\nobtain the refund value and handling fee of empty beverage containers\nfor, or on behalf of, such dealer or distributor under the provisions of\nsection 27-1013 of this title.\n 10. "Use or consumption" means the exercise of any right or power\nincident to the ownership of a beverage, other than the sale or the\nkeeping or retention of a beverage for the purpose of sale.\n 11. "Ship" or "ships" means any ocean going vessel used to carry\npassengers or freight in interstate or foreign commerce.\n 12. "Reverse vending machine" means an automated device that uses a\nlaser scanner, microprocessor, or other technology to accurately\nrecognize the universal product code (UPC) on containers to determine if\nthe container is redeemable and accumulates information regarding\ncontainers redeemed, including the number of such containers redeemed,\nthereby enabling the reverse vending machine to accept containers from\nredeemers and to issue a scrip or receipt for their refund value.\n 13. "Universal product code" or "UPC code" means a standard for\nencoding a set of lines and spaces that can be scanned and interpreted\ninto numbers to identify a product. Universal product code may also mean\nany accepted industry barcode which replaces the UPC code including EAN\nand other codes that may be used to identify a product.\n