Section 27-1003. Definitions

Whenever used in this title:
    1.  "Beverage"  means  carbonated soft drinks, 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. "Water"
  means any beverage identified through  the  use  of  letters,  words  or
  symbols  on its product label as a type of water, including any flavored
  water or nutritionally enhanced water, provided, however,  that  "water"
  does  not  include any beverage identified as a type of water to which a
  sugar has been added.
    2. "Beverage container" means the individual, separate, sealed  glass,
  metal, aluminum, steel or plastic bottle, can or jar used for containing
  less  than  one  gallon  or 3.78 liters at the time of sale or offer for
  sale of a beverage intended  for  use  or  consumption  in  this  state.
  Beverage  containers  sold  or  offered  for  sale or distributed aboard
  aircraft or ships shall be considered as intended for use or consumption
  outside this state.
    2-a. "Bottler" means a person, firm or corporation who:
    a.  bottles,  cans  or  otherwise  packages  beverages   in   beverage
  containers except that if such packaging is for a distributor having the
  right  to  bottle,  can or otherwise package the same brand of beverage,
  then such distributor shall be the bottler; or
    b. imports filled beverage containers into the United States.
    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.
    5-a. A "deposit initiator" for each beverage  container  for  which  a
  refund value is established under section 27-1005 of this title means:
    a. the bottler of the beverage in such container;
    b. the distributor of such container if such distributor's purchase of
  such  container  was  not,  directly  or  indirectly,  from a registered
  deposit initiator;
    c. a dealer of such container  who  sells  or  offers  for  sale  such
  container  in  this  state,  whose  purchase  of such container was not,
  directly or indirectly, from a registered deposit initiator; or
    d. an agent acting on behalf of a registered deposit initiator.
    6. "Distributor" means any person, firm or corporation  which  engages
  in  the  sale or offer for sale of beverages in beverage 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 person offering  to  pay  the  refund
  value  of  an  empty beverage container to a redeemer, or any person who
  contracts with one or more dealers or distributors to collect, sort  and
  obtain  the  refund  value and handling fee of empty beverage containers
  for, or on behalf of, such dealer or distributor 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.
    12. "Reverse vending machine" means an automated device  that  uses  a
  laser   scanner,  microprocessor,  or  other  technology  to  accurately
  recognize the universal product code (UPC) on containers to determine if
  the  container  is  redeemable  and  accumulates  information  regarding
  containers  redeemed,  including the number of such containers redeemed,
  thereby enabling the reverse vending machine to accept  containers  from
  redeemers and to issue a scrip or receipt for their refund value.
    13.  "Universal  product  code"  or  "UPC  code"  means a standard for
  encoding a set of lines and spaces that can be scanned  and  interpreted
  into numbers to identify a product. Universal product code may also mean
  any  accepted industry barcode which replaces the UPC code including EAN
  and other codes that may be used to identify a product.