Section 27-1007. Mandatory acceptance

Except as provided in section 27-1009 of this title:
    1.  (a)  A  dealer shall accept at his or her place of business from a
  redeemer any empty beverage  containers  of  the  design,  shape,  size,
  color, composition and brand sold or offered for sale by the dealer, and
  shall  pay  to  the  redeemer  the  refund  value  of each such beverage
  container as established in section 27-1005 of this  title.  Redemptions
  of  refund  value  must be in legal tender, or a scrip or receipt from a
  reverse vending machine, provided that  the  scrip  or  receipt  can  be
  exchanged  for  legal  tender  for  a period of not less than sixty days
  without requiring the purchase of other goods. The use or presence of  a
  reverse  vending  machine  shall not relieve a dealer of any obligations
  imposed pursuant to this section. If a dealer utilizes a reverse vending
  machine to redeem containers, the dealer  shall  provide  redemption  of
  beverage  containers  when  the reverse vending machine is full, broken,
  under repair or does not accept a type of  beverage  container  sold  or
  offered  for  sale by such dealer and may not limit the hours or days of
  redemption except as provided by subdivision three of this section.
    (b) Beginning March first, two thousand ten, a dealer whose  place  of
  business  is  part  of  a  chain  engaged  in  the same general field of
  business which operates ten or more units in  this  state  under  common
  ownership and whose business exceeds: (i) forty thousand square feet but
  is  less  than  sixty thousand square feet shall install and maintain at
  least three reverse vending machines at the dealer's place of  business;
  (ii)  sixty  thousand  square feet but is less than eighty-five thousand
  square feet shall install and maintain at  least  four  reverse  vending
  machines  at  the  dealer's  place  of  business;  or  (iii) eighty-five
  thousand square feet shall install and maintain at least  eight  reverse
  vending  machines  at the dealer's place of business; provided, however,
  that the requirements of this paragraph to install and maintain  reverse
  vending   machines   shall  not  apply  to  a  dealer  that  sells  only
  refrigerated beverage containers of twenty ounces  or  less  where  each
  beverage  container  is  sold  as  an  individual  container that is not
  connected to or packaged with any other beverage container.
    (c) A dealer to which paragraph (b) of this subdivision does not apply
  and whose place of business is at least forty thousand square feet which
  does not utilize reverse vending  machines  to  process  empty  beverage
  containers  for redemption shall: (i) establish and maintain a dedicated
  area within such business to accept beverage containers for  redemption;
  (ii)  adequately  staff such area to facilitate efficient acceptance and
  processing of such containers during business hours; and (iii) post  one
  or  more conspicuous signs conforming to the size and color requirements
  described in subdivision two of this section at each public entrance  to
  the  business  which describes where in the business the redemption area
  is located. The commissioner may  establish  in  rules  and  regulations
  additional standards for the efficient processing of beverage containers
  by such dealers.
    (d)  For  the purposes of this subdivision on any day that a dealer is
  open for less than twenty-four hours, the dealer may restrict or  refuse
  the  payment  of refund values during the first and last hour the dealer
  is open for business.
    2. A dealer shall post a conspicuous sign, at the point of sale,  that
  states:
                       "NEW YORK BOTTLE BILL OF RIGHTS
 
   STATE LAW REQUIRES US TO REDEEM EMPTY RETURNABLE BEVERAGE CONTAINERS OF
           THE SAME TYPE AND BRAND THAT WE SELL OR OFFER FOR SALE

  YOU  HAVE  CERTAIN  RIGHTS UNDER THE NEW YORK STATE RETURNABLE CONTAINER
  ACT:
    THE  RIGHT  to  return your empties for refund to any dealer who sells
  the same brand, type and size, whether you bought the beverage from  the
  dealer  or  not.  It is illegal to return containers for refund that you
  did not pay a deposit on in New York state.
    THE RIGHT to get  your  deposit  refund  in  cash,  without  proof  of
  purchase.
    THE  RIGHT  to  return  your empties any day, any hour, except for the
  first and last hour of the dealer's business day (empty  containers  may
  be redeemed at any time in 24-hour stores).
    THE  RIGHT  to  return  your  containers if they are empty and intact.
  Washing containers is not required by law, but is  strongly  recommended
  to maintain sanitary conditions.
    The New York state returnable container act can be enforced by the New
  York  state department of environmental conservation, the New York state
  department of agriculture and markets, the New York state department  of
  taxation and finance, the New York state attorney general and/or by your
  local government."
    Such  sign must be no less than eight inches by ten inches in size and
  have lettering a minimum of one quarter inch high, and of a color  which
  contrasts with the background. The department shall maintain a toll free
  telephone  number  for  a  "bottle  bill  complaint  line" that shall be
  available from 9:00 a.m. to 5:00  p.m.  each  business  day  to  receive
  reports  of  violations  of  this  title.  The telephone number shall be
  listed on any sign required by this section.
    3. On or after June first, two thousand nine, a dealer may  limit  the
  number of empty beverage containers to be accepted for redemption at the
  dealer's  place  of  business to no less than seventy-two containers per
  visit, per redeemer, per day, provided that:
    (a) The dealer has a written agreement with a redemption center, be it
  either at a fixed physical location within the same  county  and  within
  one-half  mile of the dealer's place of business, or a mobile redemption
  center,  operated  by  a  redemption  center,  that  is  located  within
  one-quarter  mile  of  the  dealer's  place  of business. The redemption
  center  must  have  a  written  agreement  with  the  dealer  to  accept
  containers on behalf of the dealer; and the redemption center's hours of
  operation  must  cover  at least 9:00 a.m. through 7:00 p.m. daily or in
  the case of a mobile redemption center,  the  hours  of  operation  must
  cover  at  least  four consecutive hours between 8:00 a.m. and 8:00 p.m.
  daily. The dealer must post a conspicuous, permanent sign,  meeting  the
  size  and  color  specifications  set  forth  in subdivision two of this
  section, open to public view, identifying  the  location  and  hours  of
  operation  of  the  affiliated  redemption  center  or mobile redemption
  center; and
    (b) The dealer provides, at a minimum, a consecutive two  hour  period
  between  7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
  to two hundred forty containers, per redeemer,  per  day,  and  posts  a
  conspicuous,  permanent  sign, meeting the size and color specifications
  set forth in subdivision two of  this  section,  open  to  public  view,
  identifying  those  hours.  The  dealer  may  not  change  the  hours of
  redemption without first posting a thirty day notice; and
    (c) The dealer's primary business is the sale of food or beverages for
  consumption off-premises, and the dealer's place  of  business  is  less
  than ten thousand square feet in size.
    4.  A  deposit  initiator  shall accept from a dealer or operator of a
  redemption center any empty beverage container  of  the  design,  shape,
  size,  color,  composition  and  brand  sold  or offered for sale by the

  deposit initiator, 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. A deposit initiator shall  accept  and
  redeem  all  such  empty beverage containers from a dealer or redemption
  center without limitation on quantity.
    5. A deposit initiator's or distributor's failure  to  pick  up  empty
  beverage containers, including containers processed in a reverse vending
  machine,  from  a redemption center, dealer or the operator of a reverse
  vending machine, shall be a violation of this title.
    6. In addition  to  the  refund  value  of  a  beverage  container  as
  established  by section 27-1005 of this title, a deposit initiator shall
  pay to any dealer or operator of a redemption center a handling  fee  of
  three  and  one-half  cents  for each beverage container accepted by the
  deposit initiator from such dealer or operator of a  redemption  center.
  Payment  of  the  handling  fee shall be as compensation for collecting,
  sorting and packaging of empty beverage containers for transport back to
  the deposit initiator or its designee. Payment of the handling  fee  may
  not  be  conditioned  on  the purchase of any goods or services, nor may
  such payment be  made  out  of  the  refund  value  account  established
  pursuant  to  section  27-1012 of this title. A distributor who does not
  initiate deposits on a type of beverage container is considered a dealer
  only for the  purpose  of  receiving  a  handling  fee  from  a  deposit
  initiator.
    7.  A deposit initiator on a brand shall accept from a distributor who
  does not initiate deposits on that brand any empty  beverage  containers
  of that brand accepted by the distributor from a dealer or operator of a
  redemption  center  and shall reimburse the distributor the refund value
  of each such beverage container, as established by  section  27-1005  of
  this  title.  In  addition,  the  deposit initiator shall reimburse such
  distributor  for  each  such  beverage  container   the   handling   fee
  established  under subdivision six of this section. Without limiting the
  rights of the department or any person, firm or corporation  under  this
  subdivision  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  such
  distributor for such deposits and handling fees are made.
    8.  It  shall  be  the  responsibility  of  the  deposit  initiator or
  distributor to provide to a dealer or  redemption  center  a  sufficient
  number  of  bags, cartons, or other suitable containers, at no cost, for
  the packaging, handling and pickup of empty beverage containers that are
  not redeemed through a reverse vending machine. The  bags,  cartons,  or
  containers must be provided by the deposit initiator or distributor on a
  schedule  that allows the dealer or redemption center sufficient time to
  sort the empty beverage containers prior  to  pick  up  by  the  deposit
  initiator or distributor. In addition:
    (a)  When picking up empty beverage containers, a deposit initiator or
  distributor shall not require a dealer  or  redemption  center  to  load
  their  own  bags,  cartons  or  containers  onto  or  into  the  deposit
  initiator's or distributor's vehicle or vehicles or provide the staff or
  equipment needed to do so.
    (b) A  deposit  initiator  or  distributor  shall  not  require  empty
  containers  to be counted at a location other than the redemption center
  or dealer's place of business. The dealer  or  redemption  center  shall
  have the right to be present at the count.
    (c)  A  deposit  initiator or distributor shall pick up empty beverage
  containers from the dealer or redemption center at reasonable times  and

  intervals  as  determined  in  rules  or  regulations promulgated by the
  department.
    9.  No  person shall return or assist another to return to a dealer or
  redemption center an empty beverage container for its  refund  value  if
  such  container had previously been accepted for redemption by a dealer,
  redemption center,  or  deposit  initiator  who  initiates  deposits  on
  beverage containers of the same brand.
    10.  A  redeemer,  dealer,  distributor or redemption center shall not
  knowingly redeem an empty beverage container  on  which  a  deposit  was
  never paid in New York state.
    11.  Notwithstanding  the  provisions  of  subdivision  two of section
  27-1009 of this title, a deposit initiator or distributor  shall  accept
  and  redeem beverage containers as provided in this title, if the dealer
  or operator of a redemption center shall  have  accepted  and  paid  the
  refund value of such beverage containers.