N.Y. Environmental Conservation Law 27-1009 – Refusal of acceptance
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§ 27-1009. Refusal of acceptance.
Terms Used In N.Y. Environmental Conservation Law 27-1009
- Beverage: means carbonated soft drinks, water, beer, other malt beverages and a wine product as defined in subdivision thirty-six-a of § 3 of the alcoholic beverage control law. See N.Y. Environmental Conservation Law 27-1003
- 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. See N.Y. Environmental Conservation Law 27-1003
- Commissioner: means the commissioner of environmental conservation. See N.Y. Environmental Conservation Law 27-1003
- 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. See N.Y. Environmental Conservation Law 27-1003
- Distributor: means any person, firm or corporation which engages in the sale or offer for sale of beverages in beverage containers to a dealer. See N.Y. Environmental Conservation Law 27-1003
- 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. See N.Y. Environmental Conservation Law 27-1003
- 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. See N.Y. Environmental Conservation Law 27-1003
1. A dealer or operator of a redemption center may refuse to accept from a redeemer, and a deposit initiator or distributor may refuse to accept from a dealer or operator of a redemption center any empty beverage container which does not state thereon a refund value as established by section 27-1005 and provided by section 27-1011 of this title.
2. A dealer or operator of a redemption center may also refuse to accept any broken bottle, corroded, crushed or dismembered container, or any beverage container which contains a significant amount of foreign material, as determined in rules and regulations to be promulgated by the commissioner.