N.Y. Comp. Codes R. & Regs. tit. 6 § 367.8

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

Section 367.8 - Beverage container requirements

(a) Except as provided in subdivision (e) of this section, every beverage container sold in this State must clearly indicate the refund value of the beverage container and the words "New York" or the letters "NY." The names, or letters representing the names, of other states with comparable deposit legislation may also be included in the indication of refund value.

(b) The following requirements apply to beverage containers which are not subject to subdivision (e) of this section:

(1) General requirements. The indication of refund value must be permanently marked or embossed on the beverage container or printed as part of the product label. The product label may be the front or the back body label or the neck label. The indication of refund value must be applied by the beverage manufacturer at the beverage manufacturer's place of business.

(2) Alternative methods for labelling private label beverages. For private label beverages the indication of refund value may be embossed or printed on a separate label securely or permanently affixed to the beverage container. In addition, such separate label may be applied to the beverage container by the beverage manufacturer or the brand owner for whose exclusive account private label beverages are bottled, canned or otherwise packaged. For purposes of this section, private label beverages means beverages purchased from a beverage manufacturer in beverage containers bearing a brand name or trademark for sale at retail directly by the owner or licensee of such brand name or trademark; or through retail dealers affiliated with such owner or licensee by a cooperative or franchise agreement.

(3) Alternative methods for labelling imported beverages. For beverages imported into the United States, the indication of refund value may be embossed or printed on a separate label securely affixed to the beverage container. Such separate label may be applied to the beverage container by the duly authorized agent of the beverage manufacturer.

(c) No person may sell in this State a beverage in a beverage container if the indication of refund value is applied by hand, by means of rubber stamp or similar marking device; or if the indication of refund value is not complete, legible, indelible and easily visible; or if the indication of refund value is not printed in lettering of at least one-eighth inch type size.

(d) No person may sell in this State:

(1) a beverage container which has the refund value indicated only on the bottom of the container;

(2) a metal beverage container which does not have the refund value indicated on top of the container; or

(3) a beverage container which has the refund value indication on any part of the container, including crown caps, screw caps or foil covers, which is removed upon opening.

(e) Subdivision (a) of this section does not apply to any type of refillable glass beverage container which has a brand name permanently marked on it and which had the equivalent of a refund value of at least five cents prior to the effective date of this Part. These glass beverage containers are also subject to the following additional requirements:

(1) Any beverage manufacturer or importer who wishes to use that type of beverage container in this State must notify the commissioner, in writing prior to the effective date of this Part, of the manufacturer, brand, size, shape, color and refund value of each such type of beverage container, and must furnish the commissioner with a photograph, drawing or artist's rendering which depicts each such type of beverage container.

(2) The refund value required by section 367.3 of this Part must be the same for all beverage containers of each separate type of glass beverage container subject to this subdivision.

(3) The refund value required by section 367.3 of this Part may be increased only if it is increased by the same amount for all beverage containers within each separate type of beverage container subject to this subdivision.

(4) The refund value of any such type beverage container may not be reduced.

(5) The dealer must clearly post the refund value of each such type of beverage container at the point of sale. Such refund value must be clearly specified in written business correspondence between the distributor and the dealer.

(f) No distributor or dealer may sell in this State any metal beverage container so designed and constructed that a part of the container is detachable in opening the container.

(g) No distributor or dealer may sell for use or consumption in this State beverages in beverage containers which are packaged by means of plastic loop retainers.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 367.8