§ 27-1007 — Mandatory acceptance

§ 27-1007. Mandatory acceptance.\n Except as provided in section 27-1009 of this title:\n 1. (a) A dealer shall accept at his or her place of business from a\nredeemer any empty beverage containers of the design, shape, size,\ncolor, composition and brand sold or offered for sale by the dealer, and\nshall pay to the redeemer the refund value of each such beverage\ncontainer as established in section 27-1005 of this title. Redemptions\nof refund value must be in legal tender, or a scrip or receipt from a\nreverse vending machine, provided that the scrip or receipt can be\nexchanged for legal tender for a period of not less than sixty days\nwithout requiring the purchase of other goods. The use or presence of a\nreverse vending machine shall not relieve a dealer of any obligations\nimposed pursuant to this section. If a dealer utilizes a reverse vending\nmachine to redeem containers, the dealer shall provide redemption of\nbeverage containers when the reverse vending machine is full, broken,\nunder repair or does not accept a type of beverage container sold or\noffered for sale by such dealer and may not limit the hours or days of\nredemption except as provided by subdivision three of this section.\n (b) Beginning March first, two thousand ten, a dealer whose place of\nbusiness is part of a chain engaged in the same general field of\nbusiness which operates ten or more units in this state under common\nownership and whose business has at least: (i) forty thousand but less\nthan sixty thousand square feet devoted to the display of merchandise\nfor sale to the public shall install and maintain at least two reverse\nvending machines at the dealer's place of business; (ii) sixty thousand\nbut less than eighty-five thousand square feet devoted to the display of\nmerchandise for sale to the public shall install and maintain at least\nthree reverse vending machines at the dealer's place of business; or\n(iii) eighty-five thousand square feet devoted to the display of\nmerchandise for sale to the public shall install and maintain at least\nfour reverse vending machines at the dealer's place of business. The\nrequirements of paragraph (b) of this subdivision to install and\nmaintain reverse vending machines shall not apply to a dealer that: (i)\nsells only beverage containers of twenty ounces or less where such\nbeverage containers are packaged in quantities fewer than six; (ii)\nsells beverage containers and devotes no more than five percent of its\nfloor space to the display and sale of consumer commodities, as defined\nin section two hundred fourteen-h of the agriculture and markets law; or\n(iii) obtains a waiver from the commissioner authorizing dealers to\nprovide consumers with an alternative technology that: (A) determines if\nthe container is redeemable, (B) provides protections against fraud\nthrough a system that validates each container redeemed by reading the\nuniversal product code and, except with respect to refillable\ncontainers, renders the container unredeemable, (C) accumulates\ninformation regarding containers redeemed, and (D) issues legal tender,\nor a scrip, receipt, or other form of credit for the refund value, that\ncan be exchanged for legal tender for a period of not less than sixty\ndays without requiring the purchase of other goods. Notwithstanding the\nforegoing, if the alternative technology does not allow consumers to\nimmediately obtain the refund value of the redeemed container, a dealer\nshall be permitted to deploy such alternative technology only if it also\noffers an alternative that allows consumers to conveniently and\nimmediately obtain such refund value through a reverse vending machine\nor other alternative method.\n (c) A dealer to which paragraph (b) of this subdivision does not apply\nand whose place of business is at least forty thousand square feet which\ndoes not utilize reverse vending machines to process empty beverage\ncontainers for redemption shall: (i) establish and maintain a dedicated\narea within such business to accept beverage containers for redemption;\n(ii) adequately staff such area to facilitate efficient acceptance and\nprocessing of such containers during business hours; and (iii) post one\nor more conspicuous signs conforming to the size and color requirements\ndescribed in subdivision two of this section at each public entrance to\nthe business which describes where in the business the redemption area\nis located. The commissioner may establish in rules and regulations\nadditional standards for the efficient processing of beverage containers\nby such dealers.\n (d) For the purposes of this subdivision on any day that a dealer is\nopen for less than twenty-four hours, the dealer may restrict or refuse\nthe payment of refund values during the first and last hour the dealer\nis open for business.\n 2. A dealer shall post a conspicuous sign, at the point of sale, that\nstates:\n "NEW YORK BOTTLE BILL OF RIGHTS\n STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF\n THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE\nYOU HAVE CERTAIN RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER\nACT:\n THE RIGHT to return your empties for refund to any dealer who sells\nthe same brand, type and size, whether you bought the beverage from the\ndealer or not. It is illegal to return containers for refund that you\ndid not pay a deposit on in New York state.\n THE RIGHT to get your deposit refund in cash, without proof of\npurchase.\n THE RIGHT to return your empties any day, any hour, except for the\nfirst and last hour of the dealer's business day (empty containers may\nbe redeemed at any time in 24-hour stores).\n THE RIGHT to return your containers if they are empty and intact.\nWashing containers is not required by law, but is strongly recommended\nto maintain sanitary conditions.\n The New York state returnable container act can be enforced by the New\nYork state department of environmental conservation, the New York state\ndepartment of agriculture and markets, the New York state department of\ntaxation and finance, the New York state attorney general and/or by your\nlocal government."\n Such sign must be no less than eight inches by ten inches in size and\nhave lettering a minimum of one quarter inch high, and of a color which\ncontrasts with the background. The department shall maintain a toll free\ntelephone number for a "bottle bill complaint line" that shall be\navailable from 9:00 a.m. to 5:00 p.m. each business day to receive\nreports of violations of this title. The telephone number shall be\nlisted on any sign required by this section.\n 3. On or after June first, two thousand nine, a dealer may limit the\nnumber of empty beverage containers to be accepted for redemption at the\ndealer's place of business to no less than seventy-two containers per\nvisit, per redeemer, per day, provided that:\n (a) The dealer has a written agreement with a redemption center, be it\neither at a fixed physical location within the same county and within\none-half mile of the dealer's place of business, or a mobile redemption\ncenter, operated by a redemption center, that is located within\none-quarter mile of the dealer's place of business. The redemption\ncenter must have a written agreement with the dealer to accept\ncontainers on behalf of the dealer; and the redemption center's hours of\noperation must cover at least 9:00 a.m. through 7:00 p.m. daily or in\nthe case of a mobile redemption center, the hours of operation must\ncover at least four consecutive hours between 8:00 a.m. and 8:00 p.m.\ndaily. The dealer must post a conspicuous, permanent sign, meeting the\nsize and color specifications set forth in subdivision two of this\nsection, open to public view, identifying the location and hours of\noperation of the affiliated redemption center or mobile redemption\ncenter; and\n (b) The dealer provides, at a minimum, a consecutive two hour period\nbetween 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up\nto two hundred forty containers, per redeemer, per day, and posts a\nconspicuous, permanent sign, meeting the size and color specifications\nset forth in subdivision two of this section, open to public view,\nidentifying those hours. The dealer may not change the hours of\nredemption without first posting a thirty day notice; and\n (c) The dealer's primary business is the sale of food or beverages for\nconsumption off-premises, and the dealer's place of business is less\nthan ten thousand square feet in size.\n 4. A deposit initiator shall accept from a dealer or operator of a\nredemption center any empty beverage container of the design, shape,\nsize, color, composition and brand sold or offered for sale by the\ndeposit initiator, and shall pay the dealer or operator of a redemption\ncenter the refund value of each such beverage container as established\nby section 27-1005 of this title. A deposit initiator shall accept and\nredeem all such empty beverage containers from a dealer or redemption\ncenter without limitation on quantity.\n 5. A deposit initiator's or distributor's failure to pick up empty\nbeverage containers, including containers processed in a reverse vending\nmachine, from a redemption center, dealer or the operator of a reverse\nvending machine, shall be a violation of this title.\n 6. In addition to the refund value of a beverage container as\nestablished by section 27-1005 of this title, a deposit initiator shall\npay to any dealer or operator of a redemption center a handling fee of\nthree and one-half cents for each beverage container accepted by the\ndeposit initiator from such dealer or operator of a redemption center.\nPayment of the handling fee shall be as compensation for collecting,\nsorting and packaging of empty beverage containers for transport back to\nthe deposit initiator or its designee. Payment of the handling fee may\nnot be conditioned on the purchase of any goods or services, nor may\nsuch payment be made out of the refund value account established\npursuant to section 27-1012 of this title. A distributor who does not\ninitiate deposits on a type of beverage container is considered a dealer\nonly for the purpose of receiving a handling fee from a deposit\ninitiator.\n 7. A deposit initiator on a brand shall accept from a distributor who\ndoes not initiate deposits on that brand any empty beverage containers\nof that brand accepted by the distributor from a dealer or operator of a\nredemption center and shall reimburse the distributor the refund value\nof each such beverage container, as established by section 27-1005 of\nthis title. In addition, the deposit initiator shall reimburse such\ndistributor for each such beverage container the handling fee\nestablished under subdivision six of this section. Without limiting the\nrights of the department or any person, firm or corporation under this\nsubdivision or any other provision of this section, a distributor shall\nhave a civil right of action to enforce this subdivision, including,\nupon three days notice, the right to apply for temporary and preliminary\ninjunctive relief against continuing violations, and until arrangements\nfor collection and return of empty containers or reimbursement of such\ndistributor for such deposits and handling fees are made.\n 8. It shall be the responsibility of the deposit initiator or\ndistributor to provide to a dealer or redemption center a sufficient\nnumber of bags, cartons, or other suitable containers, at no cost, for\nthe packaging, handling and pickup of empty beverage containers that are\nnot redeemed through a reverse vending machine. The bags, cartons, or\ncontainers must be provided by the deposit initiator or distributor on a\nschedule that allows the dealer or redemption center sufficient time to\nsort the empty beverage containers prior to pick up by the deposit\ninitiator or distributor. In addition:\n (a) When picking up empty beverage containers, a deposit initiator or\ndistributor shall not require a dealer or redemption center to load\ntheir own bags, cartons or containers onto or into the deposit\ninitiator's or distributor's vehicle or vehicles or provide the staff or\nequipment needed to do so.\n (b) A deposit initiator or distributor shall not require empty\ncontainers to be counted at a location other than the redemption center\nor dealer's place of business. The dealer or redemption center shall\nhave the right to be present at the count.\n (c) A deposit initiator or distributor shall pick up empty beverage\ncontainers from the dealer or redemption center at reasonable times and\nintervals as determined in rules or regulations promulgated by the\ndepartment.\n 9. No person shall return or assist another to return to a dealer or\nredemption center an empty beverage container for its refund value if\nsuch container had previously been accepted for redemption by a dealer,\nredemption center, or deposit initiator who initiates deposits on\nbeverage containers of the same brand.\n 10. A redeemer, dealer, distributor or redemption center shall not\nknowingly redeem an empty beverage container on which a deposit was\nnever paid in New York state.\n 11. Notwithstanding the provisions of subdivision two of section\n27-1009 of this title, a deposit initiator or distributor shall accept\nand redeem beverage containers as provided in this title, if the dealer\nor operator of a redemption center shall have accepted and paid the\nrefund value of such beverage containers.\n 12. No person shall intentionally program, tamper with, render\ninaccurate, or circumvent the proper operation of a reverse vending\nmachine to wrongfully elicit deposit monies when no valid, redeemable\nbeverage container has been placed in and properly processed by the\nreverse vending machine.\n