Section 27-1905. Mandatory tire acceptance  


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  • Any tire service shall:
        1.  Until  December  thirty-first,  two  thousand  ten,  accept from a
      customer, waste tires of approximately the same size and in  a  quantity
      equal to the number of new tires purchased or installed by the customer;
      and
        2.  Until December thirty-first, two thousand ten, post written notice
      in a prominent location, which must  be  at  least  eight  and  one-half
      inches by fourteen inches in size and contain the following language:
        "New  York State law requires us to accept and manage waste tires from
      vehicles in exchange for an equal number of new tires that  we  sell  or
      install.  Tire  retailers are required to charge a separate and distinct
      waste tire management and recycling fee of $2.50 for each new tire sold.
        The retailers in addition are authorized, at their sole discretion, to
      pass on waste tire management and recycling costs  to  tire  purchasers.
      Such  costs  may  be included as part of the advertised price of the new
      tire, or charged as a separate per-tire  charge  in  an  amount  not  to
      exceed $2.50 on each new tire sold."
        The  written notice shall also contain one of the following statements
      at the end of the aforementioned language and as  part  of  the  notice,
      which  shall  accurately  indicate  the manner in which the tire service
      charges for waste tire management and recycling costs, and the amount of
      any charges that are separately invoiced for such costs:
        "Our waste tire management and recycling costs  are  included  in  the
      advertised price of each new tire.", or
        "We  charge  a separate per-tire charge of $____ on each new tire sold
      that will be listed on your invoice to cover our waste  tire  management
      and recycling costs."
        3.  Any retail advertisement of promotional material provided by or on
      behalf of the tire service that  lists  a  tire  price  which  does  not
      include  waste  tire management and recycling costs shall contain one of
      the  following  statements  conspicuously   located   in   or   on   the
      advertisement  and in the same font as the advertised price of the tire:
      "Additional fees relating to tire management  and  recycling  costs  may
      apply,"  or,  "We charge a separate per-tire charge of $____ on each new
      tire sold that will be listed on your invoice to cover  our  waste  tire
      management  and  recycling  costs  where  applicable."  Where the latter
      statement is used, it shall list the amount  of  the  separate  per-tire
      charge.