§ 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 d
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.