This is an archived copy of a previous version of the Connecticut bottle bill. Click here for the current law text.
See also http://www.dec.ny.gov/regs/4393.html
§ 27-1001. Legislative findings.
The legislature hereby finds that litter composed of discarded
soft-drink, beer and ale bottles and cans is a growing problem of state
concern and a direct threat to the health and safety of the citizens of
this state. Discarded beverage bottles and cans create a hazard to
vehicular traffic, a source of physical injury to pedestrians, farm
animals and machinery and an unsightly accumulation of litter which must
be disposed of at increasing public expense. Beverage bottles and cans
also create an unnecessary addition to the state's and municipalities'
already overburdened solid waste and refuse disposal systems.
Unsegregated disposal of such bottles and cans creates an impediment to
the efficient operation of resource recovery plants. Further, the
legislature finds that the uninhibited discard of beverage containers
constitutes a waste of both mineral and energy resources. The
legislature hereby finds that requiring a deposit on all beverage
containers, along with certain other facilitating measures, will provide
a necessary incentive for the economically efficient and environmentally
benign collection and recycling of such containers.
§ 27-1003. Definitions.
Whenever used in this title:
1. "Beverage" means carbonated soft drinks, mineral water, soda water,
beer, other malt beverages and a wine product as defined in subdivision
thirty-six-a of section three of the alcoholic beverage control law.
"Malt beverages" means any beverage obtained by the alcoholic
fermentation or infusion or decoction of barley, malt, hops, or other
wholesome grain or cereal and water including, but not limited to ale,
stout or malt liquor.
2. "Beverage container" means the individual, separate, sealed glass,
metal, aluminum, steel or plastic bottle, can or jar used for containing
one gallon or 3.8 liters or less at the time of sale of a beverage
intended for use or consumption in this state. Beverage containers sold
or distributed aboard aircraft or ships shall be considered as intended
for use or consumption outside this state.
3. "Commissioner" means the commissioner of environmental
conservation.
4. "Dealer" means every person, firm or corporation who engages in the
sale of beverages in beverage containers to a consumer for off premises
consumption in this state.
5. "Department" means the department of environmental conservation.
6. "Distributor" means any person, firm or corporation which bottles,
cans or otherwise fills or packages beverage containers, or which
engages in the sale of such containers to a dealer.
7. "Place of business" means the location at which a dealer sells or
offers for sale beverages in beverage containers to consumers.
8. "Redeemer" means every person who demands the refund value provided
for herein in exchange for the empty beverage container, but shall not
include a dealer as defined in subdivision four of this section.
9. "Redemption center" means any establishment offering to pay the
refund value of a beverage container under the provisions of section
27-1013 of this title.
10. "Use or consumption" means the exercise of any right or power
incident to the ownership of a beverage, other than the sale or the
keeping or retention of a beverage for the purpose of sale.
11. "Ship" or "ships" means any ocean going vessel used to carry
passengers or freight in interstate or foreign commerce.
§ 27-1005. Refund value.
Every beverage container sold or offered for sale in this state shall
have a refund value of not less than five cents. Each such container
shall have the refund value clearly indicated thereon as provided in
section 27-1011 of this title.
§ 27-1007. Mandatory acceptance.
Except as provided in section 27-1009 of this title:
1. A dealer shall accept at his place of business from a redeemer any
empty beverage containers of the design, shape, size, color, composition
and brand sold by the dealer, and shall pay to the redeemer the refund
value of each such beverage container as established by section 27-1005
of this title.
2. A distributor shall accept from a dealer or operator of a
redemption center any empty beverage containers of the design, shape,
size, color, composition and brand sold by the distributor, and shall
pay the dealer or operator of a redemption center the refund value of
each such beverage container as established by section 27-1005 of this
title.
3. In addition to the refund value of a beverage container as
established by section 27-1005 of this title, a distributor as part of
its agreement with any dealer or operator of a redemption center shall
reimburse such dealer or operator 2.0 cents for each beverage container
accepted by the distributor from such dealer or operator of a redemption
center.
4. A distributor who initiates a deposit on a beverage container must
reimburse any other distributor who redeems such container for the
deposit and handling fee paid by the redeeming distributor. Without
limiting the rights of the department or any persons, firm or
corporation under this or any other provision of this section, a
distributor shall have a civil right of action to enforce this
subdivision, including upon three days notice, the right to apply for
temporary and preliminary injunctive relief against continuing
violations and until arrangements for collection and return of empty
containers or reimbursement of the redeeming distributor for such
deposits and handling fees are made.
5. Notwithstanding any other provision of this title to the contrary,
before September twelfth, nineteen hundred eighty-three, a distributor
or dealer may sell or offer for sale (i) beverage containers for which a
refund value is not indicated as provided in section 27-1011 of this
title, (ii) metal beverage containers having parts detachable in opening
the container and (iii) beverages packaged by means of plastic loop
retainers.
§ 27-1009. Refusal of acceptance.
1. A dealer or operator of a redemption center may refuse to accept
from a redeemer, and a distributor may refuse to accept from a dealer or
operator of a redemption center any empty beverage container which does
not state thereon a refund value as established by section 27-1005 and
provided by section 27-1011 of this title.
2. A dealer or operator of a redemption center may also refuse to
accept any broken bottle, corroded or dismembered can, or any beverage
container which contains a significant amount of foreign material, as
determined in rules and regulations to be promulgated by the
commissioner. Notwithstanding the provisions of this subdivision, a
distributor shall accept beverage containers as provided in subdivision
two of section 27-1007 of this title, if the dealer shall have accepted
and paid the refund value of such beverage containers.
§ 27-1011. Beverage container requirements.
1. a. Every beverage container sold or offered for sale in this state
by a distributor or dealer 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"; provided, however, in the case of private label beverages
such information may be embossed or printed on a label which is securely
or permanently affixed to the beverage container. Private label
beverages shall be defined as beverages purchased from a beverage
manufacturer 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.
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.
2. Subdivision one of this section and section 27-1009 of this title
shall not apply to glass beverage containers having a brand name
permanently marked thereon which, on the effective date of this title,
had a refund value of not less than five cents.
3. No 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 part of the container which is detachable in opening
the container unless such detachable part will decompose by
photodegradation or biodegradation.
4. No 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 decompose by photodegradation or
biodegradation.
§ 27-1013. Redemption centers.
The commissioner is hereby empowered to promulgate rules and
regulations governing (1) the circumstances in which dealers and
distributors, individually or collectively, are required to accept the
return of empty beverage containers, and make payment therefor; (2) the
sorting of the containers which a distributor may require of dealers and
redemption centers; (3) the pick up of returned beverage containers by
distributors, including the party to whom such expense is to be charged,
the frequency of such pick ups and the payment for refunds and handling
fees thereon; (4) the right of dealers to restrict or limit the number
of containers redeemed, the rules for redemption at the dealers' place
of business, and the redemption of containers from a beverage for which
sales have been discontinued, and to issue permits to persons, firms or
corporations which establish redemption centers, subject to applicable
provisions of local and state laws, at which redeemers and dealers may
return empty beverage containers and receive payment of the refund value
of such beverage containers. No dealer or distributor, as defined in
section 27-1003, shall be required to obtain a permit to operate a
redemption center at the same location as the dealer's or distributor's
place of business. Operators of such redemption centers shall receive
payment of the refund value of each beverage container from the
appropriate manufacturer or distributor as provided under sections
27-1007 and 27-1009 of this title.
§ 27-1014. Limitation on rules and regulations.
In addition to the authority of the commissioner, under sections
27-1009 and 27-1013 of this title, the commissioner shall only have the
power to promulgate rules and regulations governing the initiation of
deposits, sale of beverages in containers through vending machines and
for on-premises consumption, record keeping, refunding for refillable
beverage containers, embossing, imprinting or labeling of refund values
and enforcement of the provisions of this section and sections 27-1009
and 27-1013 of this title necessary and appropriate to the
implementation of this title.
§ 27-1015. Violations.
1. A violation of this title shall be a public nuisance. In addition,
any person who shall violate any provision of this title shall be liable
for a civil penalty of not more than five hundred dollars, and an
additional civil penalty of not more than five hundred dollars for each
day during which each such violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard.
2. It shall be unlawful for a distributor, acting alone or aided by
another, to return empty beverage containers to a dealer or redemption
center for their refund value if the distributor had previously accepted
such beverage containers from any dealer or operator of a redemption
center. A violation of this subdivision shall be a misdemeanor
punishable by a fine of not less than five hundred dollars nor more than
one thousand dollars and an amount equal to two times the amount of
money received as a result of such violation.
§ 27-1017. Local beverage container laws.
The provisions of this title shall not be construed so as to limit in
any way the authority of political subdivisions of the state to enact,
implement and enforce local beverage container control laws prior to but
not after the effective date of this title.
§ 27-1019. Severability.
The provisions of this title shall be severable and if any phrase,
clause, sentence or provision of this title, or the applicability
thereof to any person or circumstance shall be held invalid, the
remainder of this title and the application thereof shall not be
affected thereby.