N.Y. Comp. Codes R. & Regs. tit. 6 § 367.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 367.3 - Initiation and application of deposits

(a) Every beverage container sold in this State must have a refund value of not less than five cents. Each such beverage container must have the refund value clearly indicated on it as provided in section 367.8 of this Part.

(b) The refund value is the amount of the deposit required. This amount must be set by the beverage manufacturer. The beverage manufacturer may develop a schedule of refund values varying according to size or type of beverage container involved. The beverage manufacturer, or such other person specified in section 367.8(b) of this Part, must apply the indication of refund value required by section 367.8 of this Part to the beverage container.

(c) Once an indication of refund value has been applied to a beverage container, the deposit on that beverage container may not be changed.

(d) For a beverage manufactured in the United States, the deposit on each filled beverage container must be initiated by the first distributor of such beverage who is not a beverage manufacturer; except that:

(1) the beverage manufacturer must initiate the deposit on any such beverage which is sold to a person who is not a distributor; and

(2) the beverage manufacturer may initiate the deposit on any such beverage which is sold in a refillable beverage container. For a beverage manufactured outside the United States, the deposit on each filled beverage container must be initiated by the first distributor of such beverage located in the United States; except that the beverage manufacturer may initiate the deposit on any such beverages sold in refillable beverage containers. No other person may initiate a deposit on a beverage container sold in New York State.

(e) Except as provided in section 367.4(b) of this Part, once a deposit has been initiated on a filled beverage container, the deposit must be charged on each sale of such filled beverage container.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 367.3